HAGÅTÑA (The Guam Daily Post) — Evan Montvel-Cohen will be sentenced again for identity theft and bank fraud convictions following his successful appeal of a nearly seven-year sentence.
Montvel-Cohen, a former marketing and radio executive, was sentenced in December 2022 to 41 months each for illegal use of identification in furtherance of fraud and bank fraud, to be served consecutively, which totaled 82 months, or nearly seven years in federal prison.
However, after filing an appeal in the United States Court of Appeals for the 9th Circuit more than a year ago, the higher court determined Montvel-Cohen’s 82-month sentence will be vacated and he will be remanded for a second sentencing.
The 9th Circuit explained its decision filed Thursday in the District Court of Guam, noting the consecutive sentence “was not appropriate under the Sentencing Guidelines because doing so was not ‘necessary to produce a combined sentence equal to the total punishment.'”
The higher court further explained Montvel-Cohen could have instead been sentenced to the 82 months for both charges and they were to run concurrently, rather than consecutively.
Montvel-Cohen is currently serving his term at Federal Medical Center Lexington in Kentucky and was expected to be released June 18, 2028, according to Federal Bureau of Prisons records.
Sentencing hearing
Montvel-Cohen’s charges stem from a 2019 scheme which involved offering a man a job at Montvel-Cohen’s advertising firm, C2 Social. However, court documents state, Montvel-Cohen sent the man a check to help with the expenses of moving to Guam, but the check bounced while the man was on his way to the island. Montvel-Cohen also was accused of using the man’s personal information to rent a home in Tamuning and leaving the rent unpaid.
Montvel-Cohen subsequently pleaded guilty after being charged but during his sentencing hearing, past fraudulent schemes, which included convictions, were discussed.
Chief Judge Frances Tydingco-Gatewood explained at the hearing she was concerned about the schemes and took them into consideration for Montvel-Cohen’s sentencing.
“So for four full years when I was looking at all the schemes, practically every month, there was some type of bouncing of checks; misrepresentation to various victims that you are going to pay them back. They would wait for it and (payment) never came,” Guam’s chief federal judge said before addressing the identity theft conviction.
“It’s quite insidious and, I mean, all the lies, the misrepresentations and even taking someone else’s identity is just uncalled for, unprofessional, illegal,” said Tydingco-Gatewood.
She referenced his prior convictions as well.
“Generally, the court does give time. Especially because you haven’t learned. I mean, you clearly haven’t learned. Because the extent of this misconduct, these crimes, … it clearly shows that you are a serial thief. You’re a serial liar, if you will.”
Evan Montvel-Cohen walks into the District Court of Guam in Hagåtña on Dec. 6, 2022, before he was sentenced to 82 months in prison.
