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{{db-g10}} subject of article is editing and making changes that make disparaging comments about those allegedly involved in his own legal issues. content violates court ordered agreements | |||
{{Infobox Criminal | {{Infobox Criminal | ||
| subject_name = Hakan Yalincak | | subject_name = Hakan Yalincak | ||
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=== Early life === | === Early life === | ||
Hakan Yalincak was born in Izmir, Turkey on March 30, 1984, the first of two children born to ] parents Omer Bulent Yalincak and ]. | Hakan Yalincak was born in Izmir, Turkey on March 30, 1984, the first of two children born to ] parents Omer Bulent Yalincak and ]. | ||
Omer, an ], received an oncology fellowship in ] in 1989, where the family moved. | Omer, an ], received an oncology fellowship in ] in 1989, where the family moved. While Ayfer, a primary care physician in Turkey, took care of the two children. | ||
In 1992, Yalincak, his sister Hale, (born 1987), and Ayfer entered the ] on a six-month visa. Omer, meanwhile, returned to ] to care for his terminally ill mother until rejoining the family in July 1992. | In 1992, Yalincak, his sister Hale, (born 1987), and Ayfer entered the ] on a six-month visa. Omer, meanwhile, returned to ] to care for his terminally ill mother until rejoining the family in July 1992. | ||
The family then lived in ], ], ], ], and ] seeking employment to obtain work visas and permanent resident status until settling in ] in 1994. | The family then lived in ], ], ], ], and ] seeking employment to obtain work visas and permanent resident status until settling in ] in fall 1994. | ||
In April 1995, when Yalincak was 11, Ayfer was arrested and pleaded guilty to a charge of practicing medicine without a license during the family's time in Indiana and was sentenced to two years in state prison. While Omer began working menial jobs to support the family, Yalincak assumed responsibility of the family's household finances and caring for his younger sister, Hale. | In April 1995, when Yalincak was 11, Ayfer was arrested and pleaded guilty to a charge of practicing medicine without a license during the family's time in Indiana and was sentenced to two years in state prison. While Omer began working menial jobs to support the family, Yalincak assumed responsibility of the family's household finances and caring for his younger sister, Hale. | ||
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| format = {{dead link|date=April 2009}} – <sup></sup>}}</ref> A New York bankruptcy court judge approved the settlement in 2007 and the university returned $1.05 million to investors. | | format = {{dead link|date=April 2009}} – <sup></sup>}}</ref> A New York bankruptcy court judge approved the settlement in 2007 and the university returned $1.05 million to investors. | ||
Yalincak has said that the NYU donation's purpose was originally to steer the admission of his friends |
Yalincak has said that the NYU donation's purpose was originally to steer the admission of his friends and sister Hale Yalincak. Prosecutors say that the gift's publicity was used by Yalincak and his associates to get additional investments for the hedge fund. | ||
=== Insurance fraud scheme === | === Insurance fraud scheme === | ||
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|court= U.S. District Court of Connecticut | |court= U.S. District Court of Connecticut | ||
|date=] | |date=] | ||
|url=http://upload.wikimedia.org/wikipedia/en/7/77/Usa-v-yalincak-doc144.pdf }}</ref> Yalincak |
|url=http://upload.wikimedia.org/wikipedia/en/7/77/Usa-v-yalincak-doc144.pdf }}</ref> Yalincak was subsequently held at the Donald W. Wyatt Detention Center in ] and then transferred to Winton, North Carolina at a low security prison. Yalincak completed his sentence on September 24, 2008. | ||
==== Restitution ==== | ==== Restitution ==== | ||
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== Mickey Sherman dispute == | == Mickey Sherman dispute == | ||
In 2006, Yalincak complained to the Connecticut Statewide Grievance Committee that his former attorney, celebrity criminal defense lawyer ] had overcharged him and provided little documentation to show where his money went. | In 2006, Yalincak complained to the Connecticut Statewide Grievance Committee that his former attorney, celebrity criminal defense lawyer ] had overcharged him and provided little documentation to show where his money went. In 2007, Yalincak also complained to the United States District Court for the District of Connecticut Federal Grievance Committee based on the same allegations and alleging that Sherman had used the monies paid to Sherman to pay for an extravagant June 2006 wedding and to pay Sherman's law firm partner Joseph Richichi's criminal restitution. On April 5, 2007, Richichi pled guilty to a single count of tax evasion for failing to report $3.1 million dollars in income earned from his law practice with Sherman and was sentenced to sixteen months in prison by U.S. District Judge Stefan R. Underhill in Bridgeport, Connecticut in January 2008. | ||
Sherman paid Yalincak a $50,000 refund during the grievance process, and the former client tried to drop his charges, but the agency wouldn't allow it. The panel then started investigating whether or not Sherman had acted improperly by making a payment to someone who brought accusations against him to the state agency. Sherman said the payment had nothing to do with the complaint to the agency but was made in exchange for Yalincak's agreement not to file a lawsuit against him. In September 2006, a regional panel of the Statewide Grievance Committee issued a finding of probable cause against Sherman.<ref>{{Citation | Sherman paid Yalincak a $50,000 refund during the grievance process, and the former client tried to drop his charges, but the agency wouldn't allow it. The panel then started investigating whether or not Sherman had acted improperly by making a payment to someone who brought accusations against him to the state agency. Sherman said the payment had nothing to do with the complaint to the agency but was made in exchange for Yalincak's agreement not to file a lawsuit against him. In September 2006, a regional panel of the Statewide Grievance Committee issued a finding of probable cause against Sherman.<ref>{{Citation | ||
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Yalincak has also alleged that Sherman had blackmailed him with the charges against Ayfer which led Yalincak to attempt suicide while in prison. An October 2006 incident resulted in an 8.5" scar on Yalincak's left arm. | Yalincak has also alleged that Sherman had blackmailed him with the charges against Ayfer which led Yalincak to attempt suicide while in prison. An October 2006 incident resulted in an 8.5" scar on Yalincak's left arm. | ||
In May 2007, Sherman admitted to violating two rules of professional conduct stemming from the Yalincak matter |
In May 2007, Sherman admitted to violating two rules of professional conduct stemming from the Yalincak matter and on May 25, 2007, Sherman was reprimanded by the Statewide Grievance Committee for not having a written fee agreement as required in Connecticut and for failing to disclose details to disciplinary authorities and on January 30, 2009 Sherman was issued an identical reprimand by the Federal Grievance Committee for the United States District Court for the District of Connecticut. | ||
Yalincak is currently represented by Bernard Grossberg, a ]-based criminal defense lawyer. | Yalincak is currently represented by Bernard Grossberg, a ]-based criminal defense lawyer. | ||
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On January 19, 2007, Yalincak commenced a lawsuit in federal court in Connecticut against New York magazine alleging defamation. This lawsuit was settled out of court on March 10, 2008. According to filings made in the lawsuit, New York magazine and the author of the article "Mommy's Little Conman" article, Steven Fishman, settled the lawsuit and issued a private apology letter. | On January 19, 2007, Yalincak commenced a lawsuit in federal court in Connecticut against New York magazine alleging defamation. This lawsuit was settled out of court on March 10, 2008. According to filings made in the lawsuit, New York magazine and the author of the article "Mommy's Little Conman" article, Steven Fishman, settled the lawsuit and issued a private apology letter. | ||
On January |
On January 26, 2007, Yalincak also commenced a lawsuit in federal court in Connecticut against former associate and friend, alledging he had obtained his admission to the New York University by claiming to be Yalincak's cousin and had obtained a scholarship from a Yalincak controlled entity. In connection with the lawsuit, defendant denied all wrongdoing and the lawsuit was settled out of court for an undisclosed sum on May 4, 2007 and approved by U.S. District Judge Mark R. Kravitz on May 17, 2007. | ||
On February 2, 2007, Yalincak also commenced a twenty-one count lawsuit in federal court in Connecticut against Mıchael "Mickey" Sherman and his law firm partners alleging fraud and breach of contract in connection with their legal representation of Yalincak during the beginning of the criminal proceedings. According to filings made in the lawsuit, on May 19, 2008 Sherman and his partners settled the lawsuit for an undisclosed sum. | On February 2, 2007, Yalincak also commenced a twenty-one count lawsuit in federal court in Connecticut against Mıchael "Mickey" Sherman and his law firm partners alleging fraud and breach of contract in connection with their legal representation of Yalincak during the beginning of the criminal proceedings. According to filings made in the lawsuit, on May 19, 2008 Sherman and his partners settled the lawsuit for an undisclosed sum. |
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Hakan Yalincak | |
---|---|
Status | free agent |
Occupation(s) | college student, derivatives trader |
Parent(s) | Omer Bulent Yalincak and Ayferafet "Ayfer" Yalincak |
Criminal charge | bank fraud, wire fraud |
Penalty | 42 month imprisonment |
Hakan Yalıncak (born (1984-03-30)March 30, 1984 in İzmir, Turkey), also known as Hagan Yalincak and Jon Sahenk, is an American felon, derivatives trader, and New York University college student who pleaded guilty to charges of bank fraud and wire fraud for his role in a multi-million dollar hedge fund fraud and Ponzi scheme.
Biography
Early life
Hakan Yalincak was born in Izmir, Turkey on March 30, 1984, the first of two children born to Kurdish parents Omer Bulent Yalincak and Ayferafet "Ayfer" Yalincak.
Omer, an obstetrician gynaecologist, received an oncology fellowship in Japan in 1989, where the family moved. While Ayfer, a primary care physician in Turkey, took care of the two children.
In 1992, Yalincak, his sister Hale, (born 1987), and Ayfer entered the United States on a six-month visa. Omer, meanwhile, returned to Istanbul to care for his terminally ill mother until rejoining the family in July 1992.
The family then lived in Beverly Hills, La Jolla, San Diego, Kentucky, and Indiana seeking employment to obtain work visas and permanent resident status until settling in Bristol, Connecticut in fall 1994.
In April 1995, when Yalincak was 11, Ayfer was arrested and pleaded guilty to a charge of practicing medicine without a license during the family's time in Indiana and was sentenced to two years in state prison. While Omer began working menial jobs to support the family, Yalincak assumed responsibility of the family's household finances and caring for his younger sister, Hale.
Yalincak also came under the influence of a Turkish couple his family met through the local church. The couple became surrogate caregivers to the Yalincak children and employed Yalincak at their fruit store in Avon, Connecticut. Additionally, the couple enlisted Yalincak to engage in credit card fraud in order to repair their credit reports and save their home from foreclosure.
In July 1997, Ayfer rejoined the family after having served her prison sentence in Indiana. That year, the family also applied for political asylum, which they were granted in April 1998.
In 2000, Yalincak graduated from Bristol Central High School at age 16 and was accepted at Boston University, Fordham University, George Washington University, New York University, Quinnipiac University, Roger Williams University, and the University of Connecticut. Yalincak decided to attend New York University as a history major, and the family soon moved to Newtown, Connecticut and, later, Pound Ridge, New York, where Yalincak commuted to and from school each day.
Fraud
Daedalus Capital Relative Value Fund
In December 2001, Yalincak met a former Countrywide mortgage trader named Alan J. Conner who taught him about financial trading and investing. Thereafter, Yalincak opened several trading accounts in his parents' names.
In 2003, after having learned about financial trading and investment by opening several accounts in his parents' names, Yalincak and an associate named Matthew J. Thomas decided to form the hedge fund, Yasam Trading, LLC., later renamed Daedalus Capital Partners, LLC.
Throughout 2003, Yalincak and his associates used fraudulent credit card transactions to raise capital for the hedge fund. In May 2004, the credit card companies became aware of the fraud, froze the related bank accounts, and notified federal authorities who started an investigation into Yalincak and his associates' activities.
In June 2004, Yalincak hired celebrity criminal defense lawyer Michael "Mickey" Sherman to deal with the government's probe into the fraud. Throughout the following year, Yalincak and his partners also continued to solicit investments totalling almost $8.9 million from several prominent businessmen in order to repay the bilked credit card companies and initial investors who had sued to recover their funds.
As the federal investigation continued and investors in the Daedalus fund began seeking reimbursement, Yalincak came up with a $43 million check kiting scheme that laid the groundwork for his bank fraud indictment and subsequent arrest.
In March 2005, Yalincak used counterfeit Bank of New York checks to deposit almost $18 million into a UBS AG account. He had $2.5 million of those funds transferred to another corporate account at the Bank of New York, from which he would later intend to withdraw $2.5 million to refund to investors.
When the Bank of New York began suspecting fraud and froze his funds, Yalincak tried to release the hold on his accounts by depositing a counterfeit $25 million check from a JPMorgan Chase account into the initial Bank of New York account to cover the $18 million transfer to UBS.
The defrauded Daedalus investors have since filed for Chapter 7 involuntary bankruptcy to recover their funds.
NYU Gift
In February 2004, Yalincak made a major gift proposal to New York University on behalf of his family through The Omer Bulent and Ayferafet Yalincak Family Foundation. The phony Foundation was then established in Delaware in May 2004 in the midst of the gift negotiations.
As part of the gift arrangements, the university would receive a $21 million pledge from the Foundation to establish a professorship of Ottoman studies, a permanent home for the university's General Studies Program, and to fund the construction of a classroom named after the Yalincak family.
At a September 29, 2004 fundraiser gala event, NYU received a $1.25 million check. NYU used the money to construct a classroom named after the family.
In 2006, NYU asked a bankruptcy court to let it keep $200,000 of the $1.25 million donation, saying it incurred losses because of the fraud. A New York bankruptcy court judge approved the settlement in 2007 and the university returned $1.05 million to investors.
Yalincak has said that the NYU donation's purpose was originally to steer the admission of his friends and sister Hale Yalincak. Prosecutors say that the gift's publicity was used by Yalincak and his associates to get additional investments for the hedge fund.
Insurance fraud scheme
In 2005, the Mass Mutual Life Insurance Company issued three policies for Yalincak with a death benefit of $30 million payable to his associates and a Chicago, Illinois tax attorney named Michael J. Legamaro. According to Yalincak's lawyers this scheme would have netted Mr. Legamaro, amongst others, as much as $30 million upon Yalincak's death.
Criminal charges
Indictment and arrest
On April 26, 2005, a Bridgeport, Connecticut grand jury issued a bank fraud indictment against Yalincak. Yalincak was arrested by FBI agents on May 6, 2005 and held without bail at the New Haven Correctional Center in New Haven, Connecticut.
On June 16, 2005, Ayfer Yalincak was also arrested. A New Haven grand jury had returned an indictment charging her and Hakan with one count of conspiracy to commit wire fraud and three counts of wire fraud.
Cooperation and guilty plea
In January 2006, Yalincak entered into a proffer agreement with the government to assist the U.S. Attorney's Office with its investigation of the hedge fund fraud. His charges were ultimately reduced to one count each of bank and wire fraud, to which he pleaded guilty on June 6, 2006.
On July 13, 2006, Ayfer also pleaded guilty to a single count of conspiracy to commit wire fraud.
Incarceration and bail
Yalincak was incarcerated for 20 months at the Donald W. Wyatt Detention Center in Central Falls, Rhode Island while awaiting sentencing and was denied bail eight times since his arrest. During his incareceration, he attempted suicide three times and was attacked once by another inmate for "snitching."
In January 2007, Yalincak was released on $1,100,000 bail and remained under house arrest in Hartford, Connecticut while he awaited sentencing.
Sentence
Yalincak was sentenced to 42 months of imprisonment on April 11, 2007 by U.S. District Court Judge Janet Bond Arterton for the federal district of Connecticut for one count each of bank and wire fraud. Including credit for the time served awaiting sentencing, good behavior, and under house arrest, Yalincak may only serve 16 months. Yalincak was also ordered to pay $4.18 million in restitution and five years of probation.
Hospitalization
Yalincak, who was scheduled to self-surrender on May 8, 2007 was admitted to the St. Francis Medical Center emergency room in Hartford, Connecticut on May 7, 2007 for overdosing on an "undisclosed amount of medication(s)."
Magistrate Judge Joan G. Margolis ordered that Yalincak be taken into custody by U.S. Marshals until released from the hospital. Yalincak was subsequently held at the Donald W. Wyatt Detention Center in Central Falls, Rhode Island and then transferred to Winton, North Carolina at a low security prison. Yalincak completed his sentence on September 24, 2008.
Restitution
Since his arrest, Yalincak has also initiated lawsuits against several former partners and associates to recover funds. To date, he has repaid investors approximately $4.4 million.
He has also filed defamation lawsuits against the New York Post and New York magazine for articles published in connection to his case, as well as a lawsuit against a second business partner, who Yalincak says knew about the fraud and benefitted from the NYU Gift.
Mickey Sherman dispute
In 2006, Yalincak complained to the Connecticut Statewide Grievance Committee that his former attorney, celebrity criminal defense lawyer Mickey Sherman had overcharged him and provided little documentation to show where his money went. In 2007, Yalincak also complained to the United States District Court for the District of Connecticut Federal Grievance Committee based on the same allegations and alleging that Sherman had used the monies paid to Sherman to pay for an extravagant June 2006 wedding and to pay Sherman's law firm partner Joseph Richichi's criminal restitution. On April 5, 2007, Richichi pled guilty to a single count of tax evasion for failing to report $3.1 million dollars in income earned from his law practice with Sherman and was sentenced to sixteen months in prison by U.S. District Judge Stefan R. Underhill in Bridgeport, Connecticut in January 2008.
Sherman paid Yalincak a $50,000 refund during the grievance process, and the former client tried to drop his charges, but the agency wouldn't allow it. The panel then started investigating whether or not Sherman had acted improperly by making a payment to someone who brought accusations against him to the state agency. Sherman said the payment had nothing to do with the complaint to the agency but was made in exchange for Yalincak's agreement not to file a lawsuit against him. In September 2006, a regional panel of the Statewide Grievance Committee issued a finding of probable cause against Sherman.
Yalincak has also alleged that Sherman had blackmailed him with the charges against Ayfer which led Yalincak to attempt suicide while in prison. An October 2006 incident resulted in an 8.5" scar on Yalincak's left arm.
In May 2007, Sherman admitted to violating two rules of professional conduct stemming from the Yalincak matter and on May 25, 2007, Sherman was reprimanded by the Statewide Grievance Committee for not having a written fee agreement as required in Connecticut and for failing to disclose details to disciplinary authorities and on January 30, 2009 Sherman was issued an identical reprimand by the Federal Grievance Committee for the United States District Court for the District of Connecticut.
Yalincak is currently represented by Bernard Grossberg, a Boston-based criminal defense lawyer.
Immigration status
Yalincak is a Turkish citizen who was granted political asylum in 1998. Under immigration law, his crime constitutes an aggravated felony ("fraud on another person or against the government, where the amount of loss exceeds $10,000"), which means Yalincak faces possible deportation proceedings following the completion of his sentence. He completed his sentence on September 24, 2008 and was released from Bureau of Prisons custody as of that date. Both he and his mother have a Petition for Review pending in the United States Court of Appeals for the Second Circuit, which will determine their fate. Yalincak's mother was released from immigration custody and lives with her family in southern Connecticut. The Yalncak family's current immigration lawyer is Edwin T. Gania of the Law Offices of Robert Dekelaita in Skokie, Illinois.
Life Since His Conviction
Lawsuits
After Yalincak's conviction on federal bank and wire fraud charges he commenced a slew of lawsuits in an effort to pay his restitution.
On January 19, 2007, Yalincak commenced a lawsuit in federal court in Connecticut against New York magazine alleging defamation. This lawsuit was settled out of court on March 10, 2008. According to filings made in the lawsuit, New York magazine and the author of the article "Mommy's Little Conman" article, Steven Fishman, settled the lawsuit and issued a private apology letter.
On January 26, 2007, Yalincak also commenced a lawsuit in federal court in Connecticut against former associate and friend, alledging he had obtained his admission to the New York University by claiming to be Yalincak's cousin and had obtained a scholarship from a Yalincak controlled entity. In connection with the lawsuit, defendant denied all wrongdoing and the lawsuit was settled out of court for an undisclosed sum on May 4, 2007 and approved by U.S. District Judge Mark R. Kravitz on May 17, 2007.
On February 2, 2007, Yalincak also commenced a twenty-one count lawsuit in federal court in Connecticut against Mıchael "Mickey" Sherman and his law firm partners alleging fraud and breach of contract in connection with their legal representation of Yalincak during the beginning of the criminal proceedings. According to filings made in the lawsuit, on May 19, 2008 Sherman and his partners settled the lawsuit for an undisclosed sum.
On February 20, 2007, Yalincak and his family commenced a lawsuit against Michael J. Legamaro, his former law firm of Barack Ferrazzano Kirschbaum Perlman & Nagelberg, LLP, Matthew J. Thomas, and Mary E. Siachitano in the United States District Court for the District of Connecticut. Based on filings made in this lawsuit, Yalincak and his family have reached a settlement with all of the defendants, with the exception of Legamaro, a Chicago, Illinois based tax attorney.
After Yalincak's detention at the Donald W. Wyatt Detention Center in Central Falls, Rhode Island he filed a lawsuit against the operators of the facility, Cornell Companies Inc., among others, alleging violations of his constitutional rights in the United States District Court for the District of Rhode Island. On October 9, 2008, Senior U.S. Magistrate Judge Jacob Hagopian entered a default against Cornell for failing to answer the lawsuit.
On May 20, 2008, Yalincak also commenced a lawsuit against the New York University in federal court in Connecticut alleging fraud, unjust enrichment, and breach of contract in connection with the NYU's alleged failure to award him his degree. This lawsuit remains pending.
Release
Attempt to Vacate Convictions
On September 24, 2008, Yalincak was released from Bureau of Prisons custody. Yalincak continues in his efforts to repay his defrauded investors and on September 22, 2008 filed a Motion to Vacate his convictions alleging breach of plea agreement in the United States District Court for the District of Connecticut. On December 3, 2008, U.S. District Judge Janet Bond Arterton appointed Jeffrey Kestenband of Tindall Stratton & Kestenband as counsel for Yalincak, however, no ruling has been made by Judge Arterton as to whether the motion will be granted or denied.
Presently, Yalincak continues to finish his schooling and hopes to practice law or become a writer in the United Kingdom.
Notes
- Skola, Andrew (2004-10-08), "Yalincak Family Gift Establishes Home for GSP", NYU Today
{{citation}}
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(help)CS1 maint: date and year (link) - Hernandez, Sergio (2007-03-22), "NYU Asks to Keep $200K of Fraudulent Donation" ( – ), Washington Square News
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- "New York Resident Charged In Multi-Million Dollar Bank Fraud Scheme" (Press release). United States Attorney's Office District of Connecticut. 2005-05-06. Retrieved 2007-05-12.
{{cite press release}}
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(help) - "Mother, Son Charged With Operating Multi-Million Dollar Investment Scheme" (Press release). United States Attorney's Office District of Connecticut. 2005-06-16. Retrieved 2007-05-12.
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(help) - Portlock, Sarah; Idol, David (2006-09-13), "Helping Feds May Lessen Sentence" ( – ), Washington Square News
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- "Hakan Yalincak Pleads Guilty to Bank Fraud and Wire Fraud" (Press release). United States Attorney's Office District of Connecticut. 2005-06-16. Retrieved 2007-05-12.
{{cite press release}}
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(help) - "Ayfer Yalincak Pleads Guilty, Admints Role In Multi-Million Dollar Hedge Fund Scheme" (Press release). United States Attorney's Office District of Connecticut. 2005-07-13. Retrieved 2007-05-12.
{{cite press release}}
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(help) - Stacom, Don (2006-12-30), "Con Man's Bail May Come From Victims", The Hartford Courant
{{citation}}
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(help)CS1 maint: date and year (link) - Stacom, Don (2007-01-06), "Partial Freedom For Suspect In Swindle", The Hartford Courant
{{citation}}
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(help)CS1 maint: date and year (link) - Portlock, Sarah (2007-01-16), "Student posts bail, under house arrest" ( – ), Washington Square News
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- "Student Who Orchestrated Fraud Gets Prison Time", The Hartford Courant, 2007-04-11
{{citation}}
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(help)CS1 maint: date and year (link) - Mangan, Dan (2007-04-12), "NYU Scam Kid Jailed", New York Post
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(help)CS1 maint: date and year (link) - Hernandez, Sergio (2007-04-12), "Student sentenced to 42 months in fraud case" ( – ), Washington Square News
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- Mangan, Dan (2007-05-19), "Scam Kid Survives OD", New York Post
{{citation}}
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(help)CS1 maint: date and year (link) - USA v. Hakan Yalincak (U.S. District Court of Connecticut 2007-05-08), Text.
- Fishman, Steve (2005-06-08), "Mommy's little con-man", New York Magazine
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(help)CS1 maint: date and year (link) - Stacom, Don (2007-01-05), "Panel Investigates Defense Attorney", The Hartford Courant
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External links
- "'Leonardo' Hakan Hürriyet'e anlattı" (in Turkish). 2008-03-14. Retrieved 2008-03-29.
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