The federal government has strongly argued for the continued detention of local businessman Evan Montvel-Cohen, calling him a convicted felon, con-man, and serious fraudster.
However, the District Court has decided to entertain Montvel-Cohen’s motion for release on home monitoring.
Montvel-Cohen will likely be released from federal custody on Monday either on home detention or another suitable release condition.
This, after the federal government publicly released details of the investigation during a detention hearing before Magistrate Judge Michael Bordallo.
Montvel-Cohen was arrested at the Guam International Airport trying to board a plane to Manila with a woman identified as Elise Calvo. She told authorities they were headed to Vietnam for “a last-minute trip with no purpose.”
Authorities believe that Evan Montvel-Cohen knew about the federal and local investigation into his conduct prior to being arrested at the airport.
His conduct involved the alleged sale of a vehicle for cash, bouncing around from hotel to hotel and an unraveling of community ties, stated the federal government who argued against Montvel-Cohen’s release.
The government pushed for Montvel-Cohen’s “history and characteristics” to be taken into consideration stating “here his character is that of a conman and a serial fraudster.”
The federal government contended that the evidence against Montvel-Cohen is substantial and that he was bouncing checks left and right over a two-year period, suggesting that Benjamin Myers was not the only victim in the case.
Montvel-Cohen allegedly bounced checks amounting to over $1.7 million. Those checks ranged from $200 to $140,000 and involved rental companies, law offices, car dealerships, business partners, and employees. The federal government said this is a pattern and mode of operation that will likely lead to additional charges.
But US Federal Public Defender Brianna Kottke objected to the arguments as being confrontational, arguing that a lot of the information presented was hearsay from a soon to be ex-wife in the midst of a contentious divorce.
She also pointed out that Montvel-Cohen’s passport was relinquished to Probation and with the COVID-19 pandemic, transportation off-island is limited therefore he is not a flight risk.
District Court Magistrate Judge Michael has continued the hearing until Monday at which time Montvel-Cohen’s release and conditions will be determined.