DUSEAN Berkich, a businessman who was arrested in California in connection with the alleged conspiracy to defraud Bank of Saipan of $6.6 million, was scheduled to appear today in federal court.
Assistant U.S. Attorney Patrick J. Smith told Variety yesterday that Berkich was ordered by a judge in California to appear in the U.S. District Court for the Northern Marianas for the initial appearance proceeding.
Smith said the hearing was scheduled at 9 a.m.
Smith said Berkich’s co-defendants Tomas B. Aldan and Bert Montgomery were also expected to appear today in court to discuss issues related to hearing schedules.
As of yesterday, he had no information whether Berkich was already flown here from California, Smith said. Smith earlier disclosed that Berkich was arrested by the Federal Bureau of Investigation in California. Berkich was charged with three counts of wire fraud and one count of conspiracy.
In Aug. 2001, according to court papers, Berkich and co-defendants Michael T. Wilson and Montgomery fraudulently sought to obtain control of Bank of Saipan through Montgomery’s purchase of the majority of the bank’s common stock.
Upon gaining control of the bank, Berkich, Montgomery and others, with the assistance of Aldan, who was then the bank’s chief executive officer and chairman of the board of directors, planned to and did obtain the bank’s money and property for themselves and others, including Wilson, court papers said.
Bank of Saipan was caused to make fraudulent loans, including $5 million in loans to Sweven Systems and a $260,000 loan to Montgomery, the prosecution said.
In Oct. 2001, Montgomery, Berkich and Wilson, and others presented to Aldan and certain employees of the Bank a loan proposal for Sweven Systems.
Under the proposal, Bank of Saipan would loan Sweven Systems $5 million, purportedly for the purpose of its acquisition of two additional companies to expand its existing credit card processing business.
Neither the loan proposal, nor the related business agreement, was ever presented to or approved by the bank’s board of directors.
In Nov. 2001, Montgomery, Berkich and Wilson, urged Aldan and certain other employees of the bank to fund $500,000 of the Sweven Systems loan for the purpose of enabling Sweven Systems to go forward with its acquisition of two credit card processing companies.
In Jan. 2002, Montgomery, Berkich , Wilson, and others urged Aldan and certain officers of the bank to loan an additional $4.5 million to Sweven Systems so that it could complete its acquisition of two credit card processing companies.
