Judgment in criminal case — US v. Butziger

Summary

A Judgment in a Criminal Case for David Butziger, Case Number 1:20CR00072-01MSM, in the U.S. District Court for the District of Rhode Island, imposed February 9, 2022 and filed 02/11/22 as Document 37 in No. 1:20-cr-00072-MSM-LDA. It records a guilty plea to count 1 of the Information, conspiracy to commit bank fraud under 18 U.S.C § 1349, offense ended 4/14/2020. The court imposes a term of imprisonment of time served, followed by 3 years of supervised release, the first 6 months on home detention with RF monitoring. It orders a $100.00 assessment and a $5,000.00 fine, with restitution of $0.00 and interest on the fine waived. Special conditions bar entering any gambling establishment without permission and require approval before any self-employment. The judgment names Mary S. McElroy, US District Judge.

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AO 245B  (Rev. 09/19)
Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA
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)
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)
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JUDGMENT IN A CRIMINAL CASE
v.

Case Number:

USM Number:

THE DEFENDANT:

Defendant’s Attorney

G pleaded guilty to count(s)

G pleaded nolo contendere to count(s)
which was accepted by the court.

G was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section
Nature of Offense
Offense Ended
Count

The defendant is sentenced as provided in pages 2 through
 of this judgment.  The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.

G The defendant has been found not guilty on count(s)

G Count(s)
G is
G are   dismissed on the motion of the United States.

It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name, residence,
or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid.  If ordered to pay restitution,
the defendant must notify the court and United States attorney of material changes in economic circumstances.

Date of Imposition of Judgment

Signature of Judge

Name and Title of Judge

Date

DISTRICT OF RHODE ISLAND

DAVID BUTZIGER
1:20CR00072-01MSM

01785-509

John L. Calgagni, III

✔
1 of the Information

18 U.S.C § 1349
Conspiracy to Commit Bank Fraud

4/14/2020
1

7

February 9, 2022

US District Judge
Mary S. McElroy

2/11/2022

Case 1:20-cr-00072-MSM-LDA   Document 37   Filed 02/11/22   Page 1 of 7 PageID #: 262
AO 245B
(Rev. 09/19) Judgment in Criminal
Case Sheet 2 — Imprisonment

Judgment — Page
of
DEFENDANT:
CASE NUMBER:

IMPRISONMENT
The defendant is hereby committed to the custody of the Federal Bureau of Prisons to be imprisoned for a total term of:

G
The court makes the following   recommendations to the Bureau of Prisons:

G
The defendant is remanded to the custody of the United States Marshal.

G
The defendant shall surrender to the United States Marshal for this district:

G
at
G a.m.
G p.m.
on
.

G
as notified by the United States Marshal.

G
The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

G
before 2 p.m. on
.

G
as notified by the United States Marshal.

G
as notified by the Probation or Pretrial Services Office.

RETURN

I have executed this judgment as follows:

Defendant delivered on
to

a
,  with a certified copy of this judgment.

UNITED STATES MARSHAL

By
DEPUTY UNITED STATES MARSHAL

2
7
DAVID BUTZIGER
1:20CR00072-01MSM

Time served.

Case 1:20-cr-00072-MSM-LDA   Document 37   Filed 02/11/22   Page 2 of 7 PageID #: 263
AO 245B (Rev. 09/19) Judgment in a Criminal Case
Sheet 3 — Supervised Release

Judgment—Page
of
DEFENDANT:
CASE NUMBER:
SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of :

MANDATORY CONDITIONS

1.
You must not commit another federal, state or local crime.
2K
You must not unlawfully possess a controlled substance.
3K
You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of release from
imprisonment and at least two periodic drug tests thereafter, as determined by the court.
G The above drug testing condition is suspended, based on the court's determination that you
pose a low risk of future substance abuse. (check if applicable)

5K
G
G

G

You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)

6K
You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et seq.) as
directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in the location whHUH you
reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)

7K
You must participate in an approved program for domestic violence. (check if applicable)

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.

4.
You must make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a sentence of
restitution. (check if applicable)
G

3
7
DAVID BUTZIGER
1:20CR00072-01MSM

3 years.

✔

Case 1:20-cr-00072-MSM-LDA   Document 37   Filed 02/11/22   Page 3 of 7 PageID #: 264
AO 245B (Rev. 09/19)   Judgment in a Criminal Case
Sheet 3A — Supervised Release

Judgment—Page
of
DEFENDANT:
CASE NUMBER:

STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions of supervision.  These conditions are imposed
because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed by probation
officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1.
You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time
frame.
2.
After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
when you must report to the probation officer, and you must report to the probation officer as instructed.
3.
You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the
court or the probation officer.
4.
You must answer truthfully the questions asked by your probation officer.
5.
You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying
the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72
hours of becoming aware of a change or expected change.
6.
You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to
take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7.
You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from
doing so.  If you do not have full-time employment you must try to find full-time employment, unless the probation officer excuses
you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10
days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
becoming aware of a change or expected change.
8.
You must not communicate or interact with someone you know is engaged in criminal activity.  If you know someone has been
convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the
probation officer.
9.
If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10.  You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that was
designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or tasers).
11.  You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant without
first getting the permission of the court.
12.  If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may
require you to notify the person about the risk and you must comply with that instruction.  The probation officer may contact the
person and confirm that you have notified the person about the risk.
13.  You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at: www.uscourts.gov.

Defendant's Signature
Date

4
7
DAVID BUTZIGER
1:20CR00072-01MSM

Case 1:20-cr-00072-MSM-LDA   Document 37   Filed 02/11/22   Page 4 of 7 PageID #: 265
AO 245B(Rev. 09/19)   Judgment in a Criminal Case
Sheet 3D — Supervised Release

Judgment—Page
of
DEFENDANT:
CASE NUMBER:

SPECIAL CONDITIONS OF SUPERVISION

5
7
DAVID BUTZIGER
1:20CR00072-01MSM

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

6. The defendant will not enter any gambling establishment without the permission of the U.S. Probation Office and/or the
Court.

7. 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.

Case 1:20-cr-00072-MSM-LDA   Document 37   Filed 02/11/22   Page 5 of 7 PageID #: 266
AO 245B (Rev. 09/19)
Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties

Judgment — Page
of
DEFENDANT:
CASE NUMBER:
CRIMINAL MONETARY PENALTIES

The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

G

G

The determination of restitution is deferred until
. An Amended Judgment in a Criminal Case (AO 245C) will be entered
after such determination.

The defendant must make restitution (including community restitution) to the following payees in the amount listed below.

If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment, unless specified otherwise in
the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be paid
before the United States is paid.

Name of Payee
Total Loss
Restitution Ordered
Priority or Percentage

TOTALS
$
$

G

G

G

Restitution amount ordered pursuant to plea agreement  $

The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before the
fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f).  All of the payment options on Sheet 6 may be subject
to penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).

The court determined that the defendant does not have the ability to pay interest and it is ordered that:

G

G

the interest requirement is waived for the
G fine
G restitution.

the interest requirement for the
G fine
G restitution is modified as follows:

JVTA Assessment**
TOTALS
$
$
Assessment
    Restitution
 Fine
AVAA Assessment*
$
$
$

* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on
or after September 13, 1994, but before April 23, 1996.

6
7
DAVID BUTZIGER
1:20CR00072-01MSM

100.00
0.00
5,000.00
0.00
0.00

0.00
0.00

✔

✔
✔
✔

Case 1:20-cr-00072-MSM-LDA   Document 37   Filed 02/11/22   Page 6 of 7 PageID #: 267
(e.g., 30 or 60 days)

AO 245B (Rev. 09/19)
Judgment
in
a
Criminal
Case
Sheet 6 — Schedule of Payments

Judgment — Page
of
DEFENDANT:
CASE NUMBER:

SCHEDULE OF PAYMENTS

Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

A
G Lump sum payment of $
due immediately, balance due

G not later than
, or
G in accordance with G C,
G D,
G E, or
G F below; or

B
G Payment to begin immediately (may be combined with
G C,
G D, or
G F below); or

C
G Payment in equal
(e.g., weekly, monthly, quarterly) installments of  $
over a period of
(e.g., months or years), to commence
after the date of this judgment; or

D
G Payment in equal
(e.g., weekly, monthly, quarterly) installments of  $
over a period of
(e.g., months or years), to commence
(e.g., 30 or 60 days) after release from imprisonment to a
term of supervision; or

E
G Payment during the term of supervised release will commence within
(e.g., 30 or 60 days) after release from
imprisonment.  The court will set the payment plan based on an assessment of the defendant’s ability to pay at that time; or

F
G Special instructions regarding the payment of criminal monetary penalties:

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during
the period of imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’ Inmate
Financial Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.

G

G

G

G

Joint and Several

Defendant and Co-Defendant Names and Case Numbers (including defendant number), Total Amount, Joint and Several Amount,
and corresponding payee, if appropriate.

The defendant shall pay the cost of prosecution.

The defendant shall pay the following court cost(s):

The defendant shall forfeit the defendant’s interest in the following property to the United States:

Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA assessment, (9) penalties, and (10) costs, including cost of
prosecution and court costs.

7
7
DAVID BUTZIGER
1:20CR00072-01MSM

5,100.00
✔

Case 1:20-cr-00072-MSM-LDA   Document 37   Filed 02/11/22   Page 7 of 7 PageID #: 268


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