To: RockyBalboa who wrote (11086 ) 2/14/2003 3:23:15 PM From: StockDung Respond to of 19428 Telsim Family Fraud Trial to Begin Without Them NEW YORK (Reuters) - The trial for owners of Turkey's No. 2 wireless operator Telsim -- sued for billions of dollars by cell-phone makers Motorola Inc. (MOT.N) and Nokia (NOK1V.HE) (NOK.N) -- is set to begin next week, but the Uzans and their attorneys will not be there. Counsel for the Uzans, one of Turkey's wealthiest families, said in a recent filing the Uzans would not take part in the fraud trial, which starts Tuesday in U.S. District Court in New York City. Judge Jed Rakoff will decide the case's outcome. "They will not introduce any evidence or conduct any examinations or present any witnesses in connection with the trial," the Uzans' attorneys wrote in a document filed with the court last month. In January 2002, Motorola and Finland's Nokia sued several Uzan family members, alleging they borrowed almost $3 billion from the companies with no intention of repaying the loans. In their lawsuit, the companies allege fraud under U.S. anti-racketeering laws and seek repayment plus damages. The family's attorneys have repeatedly said the U.S. court does not have jurisdiction in the case. The Uzans "continue to contest the jurisdiction of this (U.S.) court and will oppose any efforts to enforce any judgment abroad," the attorneys said in the January filing. That stance has not changed, Uzan spokesman Gerald McKelvey said. He declined to comment further. The lawsuit, when it was filed, was seen as a setback for Turkey's efforts to attract the international investment. Motorola last year wrote off the $2 billion loan it made to Telsim, but the Chicago area-based company has repeatedly said it will continue trying to recover the money. Nokia has written off its $700 million loan. Motorola has been having courts around the world freeze assets of the Uzans as part of its effort to recover its money. In December and January, a British judge sentenced members of the family to several months in prison in absentia for contempt of court after they failed to show up for hearings related to an accounting of family assets. Telsim, in turn, has initiated arbitration proceedings with the International Chamber of Commerce's arbitration court in Paris and is seeking almost $300 million in damages from Motorola for what it claimed was faulty equipment. Rakoff said in court last month that the Uzans absence gives rise to "the overwhelming influence that they never had any intention to fully and fairly litigate this matter, or to abide by the rule of law or to do anything but thumb their noses at the courts of the United States," according to a transcript of the Jan. 31 hearing. Since Rakoff will decide the outcome, the case is expected to last one to three days, with a written decision to follow after that. 02/14/03 15:14 ET