‘Lousy criminal’ sentenced in Fairbanks mail thefts
by Chris Freiberg / cfreiberg@newsminer.com
May 03, 2010 | 4866 views | 34 34 comments | 11 11 recommendations | email to a friend | print
FAIRBANKS — A Russian national who took part in a Fairbanks area mail theft ring received a suspended sentence Monday, likely avoiding deportation to his home country.

Vyacheslav Malyk, 22, of Delta Junction, will spend the next four years on probation. He will soon be released from state custody after spending the past 11 months in jail and at a halfway house.

Malyk was one of eight people who reportedly stole hundreds of pieces of mail from neighborhoods outside of the city limits in late 2008. He pleaded guilty to a single count of second-degree felony theft last year as part of a plea agreement.

Cases ranged in severity from displaced mail being found at the side of the road to stolen checks and credit cards being used to purchase thousands of dollars worth of items from local businesses. Authorities estimated losses in the range of tens of thousands of dollars. Drugs, specifically methamphetamine, were the main motive for the thefts.

In one case, Malyk reportedly altered a $1,400 check to include his real home address, then cashed the check at Wal-Mart. As a result, investigators were able to quickly track him down.

“This one event has got to be one of the stupidest things I’ve ever heard of someone doing,” Superior Court Judge Robert Downes said. “You’re a lousy criminal, Mr. Malyk.”

Downes said that he was reluctant to give a suspended sentence to Malyk but that the risk of deportation weighed heavy in his decision. Malyk’s conviction will be set aside if he completes probation.

District Attorney Mike Gray argued that because of the large number of people inconvenienced by the mail theft ring, Malyk should have received a sentence of four years with two suspended. Malyk’s attorney said any sentence longer than one year in jail likely would mean deportation back to a country where Malyk no longer has any family connections.

“I did some time in jail and I realize what I’ve done and I’m never going to do anything like that again,” said Malyk, who also claimed to have grown spiritually in the past year.

To date, seven people have pleaded guilty in connection with the mail theft ring, though Malyk received the lightest sentence. One woman who agreed to testify against her co-defendants received a one-year sentence but will not have her conviction set aside after probation. Others have received sentences as high as five years to serve in prison.

The case against one defendant is still outstanding and could soon go to trial.

Contact staff writer Chris Freiberg at 459-7545.

Comments
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Scotsman
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May 05, 2010
Downes, your decision was outrageous, as your brethren attorneys like to put it. Is there really any question why our law enforcement officers do not investigate the ever-increasing number of burglaries and thefts that are apparently drug-driven, as in this case?

What would your sentence have been in the prosecution of a fed-up property owner who caught one of these people ("lousy") in the act and the burglar died just outside the residence of wounds suffered during his attempted escape after being citizen arrested???
Tanka
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May 05, 2010
You guys have forgotten that you all are immigrants, and probably your parents or grandparents were illegal ones. Your country is founded by illegals, don't you recall?
Pearl=W
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May 04, 2010
What I find most interesting and curious about this whole little gang of criminals and their actions for feeding their addictions by stealing mail and committing various forms of fraud and forgery, is that there was no Federal investigation, no Federal charges against any of them.

And I DO think that their crimes amounted to more than "an inconvenience" to their victims. Even if card-holders were not charged, eventually, with the fraudulent purchases, even if forged checks were re-issued, this little gang got a great deal of $$$, over an extended time. And I don't think this kind of sentencing does much to discourage repeat offenses.

Also, as those moneys were not recovered, SOMEBODY [Banks, businesses, card companies], SOMEBODY lost a lot of $$$, and somebody gained a lot, tax free [the meth dealer and the manufacturor].

Oh_My_oh_my
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May 04, 2010
bumpo

May we agree to disagree on the Arizona law?

Let's wait & see how the chips fall in Arizona's lawsuits. The first of which was filed by a LEO, so has several others.

Russia is not the issue here nor is any country other then the country they are from. If it is Russia so be it if it's any other country so be it.

Once again being here illegal was not a factor in this case other then in sentencing for crimes he & his sister committed.
bumpo
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May 04, 2010
OhMy

Absolutely not true. The only illegal immigrants to be affected will be in the normal course of law enforcement. So says the law, and so says logic.

Sorry, no jack booted Gestapo beating down the doors of gardeners, construction workers, or farm workers in the future for Arizona. Wrong century, wrong country, wrong law. Just lawbreakers being sent home.

But I realize that there is no convincing you, so I just wasted 5 minutes. You'll believe what you're told. Meanwhile, let's deport those law breaking Russians.
Oh_My_oh_my
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May 04, 2010
bumpo

That's mixing apples & oranges to a chef salad.

Nothing in the new immigration law applies to this case.

Other than "deportation", nothing. The process & procedure & the arrests in this case was not a illegal immigration case.

But it is a case that should of resulted in deportation for both. Violating the rights of innocent victim's credit & businesses by breaking the laws of alaska. Is sole & separate of being here illegal as the crime.

In Arizona everyone now will be looked at first suspiciously instead of innocent.

That's to much freedom to just give up.

oldskool
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May 04, 2010
They day is close that if your not "of color" your screwed. Soon enough white folks will be the minority. Some people won't know what to do when they find themselves wearing someone else's shoes so to speak.
bumpo
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May 04, 2010
This is funny. Some of the same people that posted how evil Arizona is in wanting to deport non-citizen criminals turn around and post here to demand deportation of this goofball. The hypocrisy is breathtaking.

Multiply this idiot by thousands, and you'll get the picture in Arizona.
oldskool
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May 04, 2010
Judge Downes is pretty smart for not having him (deservedly) thrown out of our country. The ACLU would have had a field day with this case. You can't rule the bench anymore with moral conviction without reprisal from the ACLU. This organization needs to be disbanded and prosecuted under title 18, the rico act.

Including your real home address on a forged check....that's stikin' funny. Jeeze. Almost as stupid as that moron who was using forged USAA checks to buy pick-ups from our local auto dealers. Not once, but multiple times! What morons. What an embarrassment for our community.
TheAlaskaCurmudgeon
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May 04, 2010
Methinks the courts around these parts are suffering from Downes Syndrome.

1AhHa
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May 04, 2010
“This one event has got to be one of the stupidest things I’ve ever heard of someone doing,” Superior Court Judge Robert Downes said. “You’re a lousy criminal, Mr. Malyk.”

[Judge]Downes said that he was reluctant to give a suspended sentence to Malyk but that the risk of deportation weighed heavy in his decision. Malyk’s conviction will be set aside if he completes probation.

--------

Maybe someone will remember this judge when his election comes up.

The thief stole thousands of dollars and inconvenienced hundreds of US.

He should be booted back to his home country, and I care if is on Mars! And Judge Downs needs to be booted off the bench, and pray he does not "become inconvenienced" by some other criminal ring.

Attentional comment deleted

--

wunuw

nrbem

grace3
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May 04, 2010
Even if Downes wanted to consider whether this should be a deportable offense, he still could have given him a suspended sentence, but not the opportunity for it to be set aside.

In other words, it would be a misdemeanor conviction of record. He will not be deported with a misdemeanor property crime. But, at least he will have to deal with a conviction for a crime of dishonesty when and if he ever goes to apply for a job, higher education, government benefits of any kind, etc.

I'm not saying that's what should have been the sentence. What I'm saying is that Downes could have set it up so he wasn't at risk for automatic deportation, but still imposed a lasting penalty/label for this outrageous conduct that was repeated over and over, and caused harm to many other people.
Oh_My_oh_my
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May 04, 2010
Malyk’s conviction will be set aside if he completes probation.

wow

Be good for probation & all record of the conviction is "set aside", removed, forgot, lost, forgiven?

No deportation

suspended sentence

probation

forgotten conviction

Seriously folks,

Judges should be elected to bench not appointed lawless judges.

Wake up folks.

Most of the victims of his & his sister's crimes hasn't even had the peace of their credit cleared & stable & back on track before his crimes against them.

Both should of been deported for federal crimes & state crimes.

McGrumpy
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May 04, 2010
Deport him, handcuffed to Downes, we don't need this liberal. Crime in America? Best place to commit, they treat you nice, feed you good food, and then forgive you completely.

With the increase in deportations you will see a corresponding decrease in poaching of game animals. Racial profiling? Darn Right I'm racial profiling! Don't like it? Then handcuff yourself to Downes when we send his dumb butt outta here!
41yrsinFbx
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May 04, 2010
Russian Law states:

2. Theft committed:

a) by a group of persons in a preliminary conspiracy;

b) repeatedly;

c) by illegal entry into a home, premises, or any other storehouse;

d) with the infliction of considerable damage on a person,

shall be punishable by a fine in the amount of 700 to 1,000 minimum wages, or in the amount of the wage or salary, or any other income of the convicted person for a period of seven to twelve months, or by deprivation of liberty for a term of two to six years with a fine in the amount of 50 minimum wages, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one month, or without any fine.

http://www.russian-criminal-code.com/PartII/SectionVIII/Chapter21.html
Theabowman
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May 04, 2010
This fellow should be deported--plain and simple. Deported without the possibility of returning. Why should we spend the money for a probation officer to supervise him? We have enough of our own criminals here. People who come here and commit serious crimes who are not citizens should be deported upon conviction. Too bad, too sad that he does not have relatives in his home country--gimme a break.
Shaggamuphin
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May 04, 2010
Ya, don't want to risk getting this guy deported over something so silly as a federal crime. Better make sure he stays right here, he may have a career in the government waiting for him!
Mundus_Vult_Decipi
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May 04, 2010
Now kids,

Calm down, there's a logical explanation for this. Our comrade probably got some of the Good Ol Boys mail, and, with the damning evidence it contains about just how corrupt they are, he just told them, hook me up or Ill publish your mail. So, after a few head nods, and wink winks, he got probation, and can now live the model life he has displayed, thus far.

You sheeple wanted democrat judges, and good ol boys on the borough assembly and the city council, and now, your reaping the wonderful benefits of this clan like behavior. Enjoy.....
TheAlaskaCurmudgeon
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May 04, 2010
I'm sure an American in similar circumstances in Russia could expect similar treatment.

I mean, don't ya think?
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