Information — United States v. David Butziger (Dkt. 47, D.R.I. No. 1:20-cr-00072)

Record facts

U.S. District Court for the District of Rhode Island · No. 1:20-cr-00072-MSM-LDA · Doc. 47 · 2022-04-21 · Docket on CourtListener

Full text

PROB 12B 
(12/00) 
 
United States District Court 
for 
The District of Rhode Island 
 
Request for Modifying the Conditions or Term of Supervision 
with Consent of the Offender 
 
 
Name of Offender:   David Butziger 
 
 
Case Number: 1:20-CR-00072-MSM-1 
 
Name of Sentencing Judicial Officer: Honorable Mary S. McElroy, U.S. District Judge 
 
Original Offense: 
Conspiracy to Commit Bank Fraud, in violation of Title 18, U.S. C. Section 
1349, a Class B felony 
 
Original Sentence: Time served, followed by 3 years of supervised release with the following 
special conditions.  The defendant shall spend the first 6 months of supervised release on Home 
Detention with RF monitoring  and will be restricted to his residence every day. Exceptions 
to home detention: employment, education, religious services, medical treatment, substance 
abuse or mental health treatment, attorney visits, court appearances, court-ordered obligations 
or other activities as pre-approved by the officer. The defendant shall pay all or part of the cost 
of monitoring based on ability to pay as determined by the probation officer. The defendant 
is to provide access to all financial information requested by the supervising probation 
officer including, but not limited to, copies of all federal and state income tax returns. All tax 
returns shall be filed in a timely manner.  The defendant will not open new lines of credit, 
which includes the leasing of any vehicle or other property or use existing credit resources 
without the prior approval of the supervising probation officer until court ordered financial 
obligations have been satisfied. The defendant will maintain one personal checking account 
and one business checking account. All the defendant's income, monetary gains, or other 
pecuniary proceeds will be deposited into the business account. His personal account will be 
used for payment of all personal expenses. Records of all other bank accounts, including 
business accounts, will be disclosed to the supervising probation officer upon request. The 
defendant will not transfer, sell, give away, or otherwise convey any asset with a fair market 
value in excess of $1,000.00 without the approval of the supervising probation officer until 
all financial obligations imposed by this court have been satisfied. The defendant will not 
enter any gambling establishment without the permission of the U.S. Probation Office and/or 
the Court.  The defendant will cooperate with the U.S. Probation Office in the investigation 
and approval of any position of self-employment including any independent. entrepreneurial, 
or freelance employment or business activity. A $100 special assessment and $5,000 fine 
was also imposed.  
 
Type of Supervision:  Supervised Release  
Date Supervision Commenced: 2/9/2022 
 
Case 1:20-cr-00072-MSM-LDA     Document 47     Filed 04/21/22     Page 1 of 3 PageID #:
346

PROB 12B 
(12/00) 
 
PETITIONING THE COURT 
 
X 
To modify the conditions of supervision as follows: 
 
 
The defendant shall complete the remainder of the first 6 months of his supervised 
release on Home Detention with GPS Monitoring and will be restricted to his 
residence every day. Exceptions to home detention: employment, education, religious 
services, medical treatment, substance abuse or mental health treatment, attorney 
visits, court appearances, court-ordered obligations or other activities as pre-
approved by the officer. The defendant shall pay all or part of the cost of monitoring 
based on ability to pay as determined by the probation officer. 
 
CAUSE 
 
On February 9, 2022, Mr. Butziger appeared before the Court after having entered a plea of guilty to the 
charge of Bank Fraud and was sentenced to time served followed by 3 years of supervised release with 
special conditions to include Home Detention with Radio Frequency Monitoring.   
 
Mr. Butziger began his term of supervised release on this same date and per the special conditions imposed 
was placed on Radio Frequency Monitoring.  All of the conditions and parameters of the Location 
Monitoring Program were explained to Mr. Butziger and he acknowledged his understanding of them and 
signed the U.S. Probation Office’s Location Monitoring Agreement (and was provided with a copy for his 
records).   
 
On February 17, 2022, the Court approved a modification of Mr. Butziger’s conditions of supervision 
allowing for out of state/district travel, and overnight travel, for the purposes of employment.   
 
Mr. Butziger’s primary source of employment is through his parent’s company, Rhode Island Party and 
Charter Boating, conducting third party maritime drug testing for Anderson-Kelly Maritime Health 
Resources.  This employment requires Mr. Butziger to travel throughout the East Coast, usually on 24 hrs 
notice (or less), and for multiple days at a time.  To date, Mr. Butziger has been cooperative and compliant 
with providing the U.S. Probation Office with documentation and verification required to approve this 
employment related travel.    
 
The U.S. Probation Office believes that given the requirements of his employment that modifying the 
existing Home Detention condition by replacing Radio Frequency monitoring with GPS (global 
positioning) monitoring will enable the U.S. Probation Office to better enforce the Home Detention 
condition imposed by the Court by enabling a better level of verification and monitoring of Mr. Butziger’s 
employment travel. 
 
The U.S. Probation Office has discussed this modification with Mr. Butziger and his Attorney, he has 
agreed to this modification.  Please find attached a signed and dated PROB 49 Waiver of Hearing to 
Modify Conditions of Supervised Release. AUSA, Lee Vilker was also advised of this proposed 
modification and concurs with this course of action.   
 
Case 1:20-cr-00072-MSM-LDA     Document 47     Filed 04/21/22     Page 2 of 3 PageID #:
347

PROB 12B 
(12/00)
Reviewed and approved by: 
Respectfully Submitted by: 
Heather McLoughlin  
David A. Picozzi 
Supervising U.S. Probation Officer 
            U.S. Probation Officer 
Location Monitoring Specialist 
Date: 4/14/2022 
Date: 4/14/2022 
The Court Orders: 
 
No Action 
 
The Extension of Supervision as Noted Above 
 
The Modification of Conditions as Noted Above 
 
Other 
_________________________________________ 
Honorable Mary S. McElroy 
_____________________________________ 
Date 
Respectfully Subm
Reviewed and approved by: 
X
4/21/2022
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Honorablelelelelelelelelelelelelelelele Mary S. McElroy
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Case 1:20-cr-00072-MSM-LDA     Document 47     Filed 04/21/22     Page 3 of 3 PageID #:
348

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