Edgar Avila aka Michael Mendez aka Michael Edgar Avila-Mendez, aka Michael AvMen was indicted on one charge of mail fraud and one charge of bank fraud in connection with two separate fraud schemes.
According to the affidavit in support of the arrest warrant, in January 2014, Avila submitted a loan application to purchase a residence at 2915 Legend Hill Drive, Katy, Texas. On the application, he represented that he worked for AvMen Entertainment at 924 Town and County 800, Houston for a year and a half as a line producer with a salary of $13,600 per month. He also stated he attended Devry College of Business from September 2009 through May 2013 to account for his history prior to working at AvMen. Paystubs along with a VOE faxed to the mortgage company confirmed this employment. The officer attesting to the affidavit stated that he was unable to find a legitimate business under the name AvMen and discovered that Avila created the entity as part of his fraud scheme. An assumed name certificate for AvMen was filed in August 2010 using the same address as listed on Avila’s driver’s license. The affiant also stated that he confirmed through several sources that Avila and Michael Avmen were the same person. Avila’s disclosed bank accounts did not reveal any income associated with AvMen – nor did they substantiate income nearing $13,000 per month.
To support his claims of attending Devry University, according to the affidavit, Avila submitted a college transcript containing the signature of John J. Getek, as college registrar. Investigation showed that the Getek was not registrar for Devry, instead, in 2001 he was the Deputy Inspector General of Audit for the U.S. Department of Labor, Office of Inspector General – and Getek’s digital signature was available online from his annual reports to Congress.
In March 2015, according to the affidavit, Avila defaulted on the loan. In September 2015, the mortgage lender modified the loan and negotiated a payment plan, based on a statement from Avila that he was diagnosed with “cephalic neuralgias” and “Bell’s palsy.” He claimed his illness caused him to lose his job and that his current job did not pay the same. The affiant stated that while he could not rule out an illness, Avila was arrested by the Houston Police Department in 2015 “which is the more likely reason for his sudden lack of income.”
The loan was guaranteed by the U.S. Department of Veteran’s Affairs.
The affidavit also details a vehicle related fraud scheme underlying the mail fraud charges where Avila allegedly provided a fake social security card, false Texas driver’s license and fake Devry University transcript to obtain a vehicle loan. According to the affiant, he then cleared title to the vehicle through a mechanic’s lien sale to himself and sold the vehicle to a Lexus dealership.
Update: April 20, 2020
On August 4, 2016, Edgar Avila pled guilty to count 1 of the indictment (false statement in a Loan or Credit Application in violation of Title 18 USC Section 1014. In so doing, he admitted that he was pleading guilty because he was, in fact, guilty of the charges and that, the United States would be able to prove each element of the offense beyond a reasonable doubt including that he submitted a false loan application to Crestmark for the purpose of influencing the lending decision and obtain financing for a residence located at 2915 Legend Hill Drive, Katy, TX. The misleading statement included a false history and a false representation of income. The remaining counts of the indictment were dismissed.
On December 15, 2015, the USDC for the Southern District of Texas entered judgment and sentenced Mr. Avila to 27 months in federal prison, supervised release of 5 years, and was ordered to pay restitution of $107,000 ($35,000 to Toyota Motor Credit and $72,000 to VW Credit, Inc.)
Mr. Avila appealed the sentence on December 22, 2016. The appeal was dismissed as of July 31, 2019 for want of prosecution. In August of 2019, Mr. Avila filed a motion for leave to Appeal in Forma Pauperis. The motion was denial.
Please remove this content it’s libel and was not been proven in a court of Law . These record are now sealed and the Cases were dismissed.