Type: Felony
Case no.: 8897 year 2013 Masr Al Gedida crimes registered no. 751 year 2013 inclusive East Cairo and no. 496 year 2013 Supreme Public Assets Prosecution
Case year: 2011
Adverse: Public Prosecution
Representation: Accusation authority
First Verdict
Date: 21-5-2014
Judges: President – Ossama Shahim
Members – Hamdi Al Shanofi and Hesham Al Darandali
Court: Cairo Criminal Court
Department: 19th North Cairo
No. of Defendants: 7
Accusations:
First Defendant: as a public employee he looted and facilitated looting without a legal right the finances of one of the State’s bodies and this crime is connected with two other crimes which are forgery in official papers and used the forged papers in a connection that cannot be dissolved – as a public employee he damaged, deliberately, finances and interests of the body he works for
Second and Third Defendants: Participating with other person through agreement and assistance to commit the crime of looting and facilitating looting without a legal right of the finances of one of the state’s bodies and this is connected with two other crimes which are forgery of official papers and using this forged papers in a connection that cannot be dissolved and the crime of the causing of deliberate damage to the finances and interests of a public body )
From the forth to the last defendants: as a public employee acquired for others without a legal right an interest from a task of his job – as a public employee he caused a damage for the finances of a public body
Fourth and fifth defendants: forging papers owned by a company
Defendants from the fifth to the last: as a public employee forged official papers and used it in a connection that cannot be dissolved
| S | Names | Verdict | Attending – in absentia |
| 1. | Mohamed Hosni al Sayed Mubarak | Three years of aggravated imprisonment and fining him in solidarity with the convicted to return an amount of 125 millions L.E. | Attending |
| 2. | Alaa Mohamed Hosni al Sayed Mubarak | Four years of aggravated imprisonment and fining him in solidarity with the convicted to return an amount of 125 millions L.E. | Attending |
| 3. | Gamal Mohamed Hosni al Sayed Mubarak | Four years of aggravated imprisonment and fining him in solidarity with the convicted to return an amount of 125 millions L.E. | Attending |
| 4. | Amr Mahmoud Mohamed Khedr | Not permissible to consider the case | Attending |
| 5. | Mohei al Din Abdul Hakim Ibrahim | Not permissible to consider the case | Attending |
| 6. | Abdul Hakim Mansour Ahmed Mansour | Not permissible to consider the case | Attending |
| 7. | Ngdat Ahmed Hassan Ahmed | Not permissible to consider the case | Attending |
Verdict Text:
The court ruled in attendance of the defendants of the following
First: To punish Mohamed Hosni Al Sayed Mubarak with three years aggravated imprisonment and to punish each of Alaa Mohamed Hosni Al Sayed Mubarak and Gamal Mohamed Hosni Al Sayed Mubarak with aggravated imprisonment for 4 years for the crimes they are accused of
Second: Fining the first, second and third in solidarity of an amount of 12577923753 L.E. (one hundred twenty five millions and seven hundred and seventy nine thousands and two hundreds and thirty seven pounds and fifty three piasters)
Third: Obliging the first, second and third defendants to return an amount of 21198018,53 (twenty one millions, one hundred and ninty seven thousands and eight hundred pounds and fifty three piasters
Forth: confiscation seized forged papers
fifth: obliging the convicted to pay the criminal expenses
sixth: it is non permissible to consider the case concerning the forth to the last defendant for the issuance of an implicit order of the non existence of a view to file the criminal suit against them from the public prosecution
Seventh: the referral of the civil suit to the competent civil court without expenses
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First Cassation verdict
Date: 13-1-2015
Judges: President – Salama Ahmed Abdul Maguid
Members –Yahya Abdul Aziz Madi – Esmat Abdul Moawad – Magdi Turkey – Ayman Al Ashri
Court: Cassation
Department: Criminal Tuesday b
Defendants: 3
| S | Names | Verdict | Attending – in absentia |
| 1. | Mohamed Hosni al Sayed Mubarak | Acceptance and repeating | Attending |
| 2. | Alaa Mohamed Hosni al Sayed Mubarak | Acceptance and repeating | Attending |
| 3. | Gamal Mohamed Hosni al Sayed Mubarak | Acceptance and repeating | Attending |
Verdict Text:
to accept the appeal in form and in subject to revoke the appealed verdict and the referral of the case to the Cairo Criminal Court to repeat the trial in another department
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Repeating trial verdict
Date:
Judges: President – Hassan Hassanein
Members – Salah Mahgoub and Khalifa al Gushi
Court: Cairo Criminal Court
Department: 9th North Cairo
Defendants: 3
Accusations:
First Defendant: as a public employee he looted and facilitated looting without a legal right the finances of one of the State’s bodies and this crime is connected with two other crimes which are forgery in official papers and used the forged papers in a connection that cannot be dissolved – as a public employee he damaged, deliberately, finances and interests of the body he works for
Second and Third Defendants: Participating with other person through agreement and assistance to commit the crime of looting and facilitating looting without a legal right of the finances of one of the state’s bodies and this is connected with two other crimes which are forgery of official papers and using this forged papers in a connection that cannot be dissolved and the crime of the causing of deliberate damage to the finances and interests of a public body
| S | Names | Verdict | Attending – in absentia |
| 1. | Mohamed Hosni al Sayed Mubarak | Three years of aggravated imprisonment and fining him in solidarity with the convicted to return an amount of 125 millions L.E. | Attending |
| 2. | Alaa Mohamed Hosni al Sayed Mubarak | Three years of aggravated imprisonment and fining him in solidarity with the convicted to return an amount of 125 millions L.E. | Attending |
| 3. | Gamal Mohamed Hosni al Sayed Mubarak | Three years of aggravated imprisonment and fining him in solidarity with the convicted to return an amount of 125 millions L.E. | Attending |
Verdict Text:
The court ruled in attendance of the defendants of the following
First: To punish Mohamed Hosni Al Sayed Mubarak with three years aggravated imprisonment and to punish each of Alaa Mohamed Hosni Al Sayed Mubarak and Gamal Mohamed Hosni Al Sayed Mubarak with aggravated imprisonment for 4 years for the crimes they are accused of
Second: Fining the first, second and third in solidarity of an amount of 12577923753 L.E. (one hundred twenty five millions and seven hundred and seventy nine thousands and two hundreds and thirty seven pounds and fifty three piasters)
Third: Obliging the first, second and third defendants to return an amount of 21198018,53 (twenty one millions, one hundred and ninty seven thousands and eight hundred pounds and fifty three piasters
Forth: confiscation seized forged papers
fifth: obliging the convicted to pay the criminal expenses
Sixth: it is not permissible to consider the civil part of the suit for it has previously been referred to the competent court
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Second Cassation
Date: 4-3-2015
Judges: President – Farhan Abdul Hamid Batran
Members – Hazim Abdul Raouf and Tarek Selim and Ahmed Amin and Hesham al Guendi
Court: Cassation
Department: Criminal Saturday d
Defendants: 3
| S | Names | Verdict | Attending – in absentia |
| 1. | Mohamed Hosni al Sayed Mubarak | Acceptance and support | Attending |
| 2. | Alaa Mohamed Hosni al Sayed Mubarak | Acceptance and support | Attending |
| 3. | Gamal Mohamed Hosni al Sayed Mubarak | Acceptance and support | Attending |
Verdict Text:
The court ruled to accept the appeal in form and reject it in subject and support the verdict issued against them
