Worker pleads guilty to scam

By Nick Gevock - 02/04/2009

A Russian man working at an Ennis restaurant on a worker visa program last summer pleaded guilty Tuesday in federal court to illegally diverting funds into bank accounts and trying to leave the country with cash.

Malik Ashatovich Akishev, 21, pleaded guilty before U.S. Magistrate Jeremiah Lynch in Missoula of possession and receipt of stolen money that was transferred in interstate commerce, federal officials said in a press release.

Akishev is being held and will be sentenced May 7, said Bill Mercer, U.S. district attorney for Montana.

Akishev was arrested Sept. 4 after several weeks of investigation into an elaborate crime involving computer transfers of money from out-of-state investment accounts into two accounts at Ennis banks, said Dave Schenk, Madison County sheriff. Akishev had more than $9,000 in cash with him and was planning to return to his native Russia.

"He was actually arrested the day he was supposed to get on the airplane to go back home," Schenk told The Montana Standard.

Akishev came to Ennis on a J-1 visa, a program that helps supply employees for service jobs in resort areas, to work at the Continental Divide Restaurant in Ennis, according to court records.

The investigation into the case began when a woman from California, named "U.H." in court records, notified officials that money had been transferred from her Fidelity investment account into Akishev's bank account in Ennis without her authorization. Schenk said one of his officers began the investigation but quickly turned to the FBI for help.

"The computer crime actually occurred outside the state of Montana, so it takes more latitude to track down what was going on," Schenk said.

Akishev opened bank accounts at First Madison Valley Bank and Valley Bank in Ennis as part of the scheme early in summer, court records said. He was able to establish bank instructions through the Internet that created an electronic funds transfer link with U.H.'s account and on July 11 had $6,052 transferred into his First Madison account.

Three days later he withdrew $6,050 in cash from his bank account. The victim of the theft, who lives in Oceanside, Calif, discovered the problem Aug. 13, prompting the investigation.

But Akishev's efforts didn't stop there.

He was also able to develop an account link with "R.D.," another Fidelity customer, and on Aug. 29 tapped that for $14,000, court records said. Tellers at Valley Bank recalled Akishev asking whether the transfer had been completed and he withdrew all the money that day.

Fidelity discovered the problem and when Akishev attempted again to withdraw from R.D.'s account it was rejected, court records said.

The transactions require a great deal of knowledge about computers, Schenk said.

"It's a pretty sophisticated crime through the computer," he said. "He was very, very knowledgeable." Akishev faces up to 10 years in prison, three years of supervised release and $250,000 in fines.

Reporter Nick Gevock may be reached at nick.gevock@mtstandard.com.