Evan Montvel-Cohen has avoided having a warrant issued for his arrest.
Instead, the former Guam radio and marketing executive was ordered to appear in court on May 19 by District Court of Guam Magistrate Judge Michael Bordallo.
Montvel-Cohen is charged in the District Court of Guam with aggravated identity theft and wire fraud. He has pleaded not guilty.
Earlier this month, U.S. Probation officers filed a petition for a federal judge to issue a warrant for his arrest after Montvel-Cohen and his third-party custodian allegedly failed to let probation know he had relocated to another residence.
Court document state, Montvel-Cohen told probation on May 4 that he was scheduled to stay at his Airbnb rental through mid-May and was looking for other possible residences.
The following day, the Airbnb owner contacted probation to let them know he was behind on payment. Montvel-Cohen was told to vacate the residence and return the key, documents state.
Probation states neither he nor his third-party custodian has updated his location and requested that the court issue a warrant for Montvel-Cohen's arrest.
Assistant Federal Public Defender Briana Kottke filed a motion in response for the court to instead issue a summons for the defendant rather than an arrest warrant.
Defense believe a contested hearing is necessary to address the concerns.
"Montvel-Cohen was just released from the hospital (Thursday) evening after suffering from kidney stones (in addition to his ongoing heart-related issues)," document state. "He is willing, able and prepared to come before this court via a summons. A warrant is not necessary given his willingness to appear voluntarily upon order of the court, and his ongoing and serious health issues."
Montvel-Cohen was released from prison on April 8 with conditions.
He is accused of offering a man a job at his advertising firm, C2 Social, in the summer of 2019. The man, a retired Navy corpsman, provided personal information to Montvel-Cohen and made plans to relocate his family from Florida to Guam for work.
Montvel-Cohen sent the man a check to move out to Guam, but the check bounced during his travels.
The man backed out of the Guam job. Montvel-Cohen was then accused of using the man's personal information to rent a house in Tamuning and leaving the rent unpaid.