Free Petition/Order Modifying Conditions of Supervision - District Court of Colorado - Colorado

Case 1:04-cr-00354-REB
PROB 12 (02/05-D/CO)

Document 117

Filed 11/16/2007

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO U. S. A. vs. MICHAEL JAY SHILDLER Docket Number: 04-cr-00354-REB-01 Petition on Supervised Release COMES NOW, Gary W. Phillips, probation officer of the court, presenting an official report upon the conduct and attitude of Michael Jay Shildler who was placed on supervision by the Honorable Robert E. Blackburn sitting in the court at Denver, Colorado, on the 21st day of July, 2006, who fixed the period of supervision at three (3) years, and imposed the general terms and conditions theretofore adopted by the court and also imposed special conditions and terms as follows: 1. 2. The defendant shall not engage in the practice of law. The defendant shall not appear as an attorney or in any other representational capacity before the Internal Revenue Service, including any administrative or judicial proceedings. The defendant shall not engage in the business of income tax preparation for third parties, unless and except on the condition that the defendant's existing and prospective tax preparation clients be notified of third party risks, including his criminal record and conviction in this case, by the probation officer as directed. The defendant shall submit to financial monitoring by, or at the direction of, the probation officer. The defendant shall not engage in any business activity unless said activity is operating under a formal, registered entity such as a corporation, limited liability company, limited liability partnership, limited liability limited partnership, sole proprietorship or general partnership. The defendant shall not register any new business entity, foreign or domestic, without the advance written approval of the probation officer. The defendant shall maintain business records for any business activities in which he engages. The defendant shall provide all requested documentation to the probation officer regarding any of his business activities as requested by the probation officer. The defendant shall document all income or compensation generated or received from any source and provide such information to the probation officer as requested. The defendant shall maintain separate personal and business finances and shall not co-mingle personal and business funds or income in any financial accounts, including but not limited to bank accounts and lines of credit. The defendant shall timely file all future business and personal tax returns during the term of supervised release as directed by the probation officer. The defendant shall be placed on home detention for a period of 8 months, to commence as directed by the probation officer following his release from incarceration. This period of home detention shall be enforced by electronic monitoring. To permit this monitoring, the defendant shall maintain a telephone at his place of residence without any special services, modems, answering machines, or cordless telephones. The defendant shall wear electronic monitoring devices and follow all other procedures specified by the probation officer. The defendant shall pay the cost of electronic monitoring as directed by the probation officer. During this period, the defendant shall remain at his place of residence at all times other than time necessary to accommodate his

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Case 1:04-cr-00354-REB
PROB 12 (02/05-D/CO)

Document 117

Filed 11/16/2007

Page 2 of 5

employment, necessary for his personal medical needs, necessary to facilitate his religious practices, and for other activities approved in advance by the probation officer.

RESPECTFULLY PRESENTING PETITION FOR ACTION OF COURT FOR CAUSE AS FOLLOWS:
(If short insert here: if lengthy write on separate sheet and attach)

See attachment hereto and herein incorporated by reference. PRAYING THAT THE COURT WILL ORDER the issuance of a summons for the defendant to appear at a supervised release violation hearing. ORDER OF THE COURT Considered and ordered this 16th day of November, 2007, and ordered filed and made a part of the record in the above case. I declare under penalty of perjury that the foregoing is true and correct. s/ Gary W. Phillips Gary W. Phillips Senior Probation Officer Place: Denver, Colorado Date: November 13, 2007

s/ Robert E. Blackburn
Robert E. Blackburn U.S. District Judge

Case 1:04-cr-00354-REB

Document 117
ATTACHMENT

Filed 11/16/2007

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On December 28, 2006, and January 9, 2007, the conditions of supervised release were read and explained to the defendant. On those dates he acknowledged in writing that the conditions had been read to him, that he fully understood the conditions, and that he was provided a copy of them. The term of supervised release commenced on December 21, 2006. The defendant has committed the following violations of supervised release: 1. LEAVING THE DISTRICT WITHOUT PERMISSION:

On about October 21, 2007, the defendant left the District of Colorado and traveled to the District of Florida without permission of the probation officer or the court, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On October 18, 2007, I conducted a routine visit to the defendant's residence. During that visit the defendant mentioned he was leaving town on October 21, 2007, to attend a Swim Conference. I asked him where the swim conference was being held and he said St. Petersburg, Florida. I told him that all travel outside of the District of Colorado had to be approved by his probation officer or the court. The defendant said that he was not aware of this policy and I told the defendant that it was a standard condition of his supervised release. I told him that I could not approve his travel out of the District of Colorado because of his non-compliant status. I instructed him to report to the Probation Office on October 22, 2007, to further discuss his noncompliant status. He said that he could not report to the Probation Office on October 22, 2007, because his wife had spent a lot of money for them to attend the swim conference. I told the defendant that if he traveled out of the District of Colorado without my, or the court's permission, he would be violating his terms of supervised release. On October 19, 2007, the defendant submitted a travel request via a courier requesting permission to travel to St. Petersburg, Florida, from October 21, to October 28, 2007. The defendant also submitted a letter wherein he noted that he was going to travel to Florida to attend the swim conference. The defendant traveled outside the District of Colorado without permission from me or the court. 2. FAILURE TO PAY FINE AS DIRECTED:

The defendant failed to make monthly payments toward his fine in March, May, June, July, August, and September 2007, as directed by the probation officer, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On July 21, 2006, the defendant was court-ordered to pay a $22,000 fine. On March 1, 2007, I asked the defendant how much he thought he could pay monthly towards his fine and he said that he could pay $500. On March 1, 2007, the defendant executed a payment agreement wherein he agreed to make monthly fine payments in the amount of $500 beginning March 2007. The defendant made a $1,000 payment in April 2007, and another $1,500 payment in October 2007. The defendant failed to make a fine payment of any kind for the months of March, May, June, July, August, and September 2007. As of this writing, the defendant has a $19,500 balance. 3. FAILURE TO REPORT TO THE PROBATION OFFICER AS DIRECTED:

On or about February 5, February 7, February 27, June 12, June 28, August 6, and August 9, 2007, the defendant was directed to report to the probation officer on February 7, February 27, March 1, June 18, July 11, and August 9, 2007, and he failed to report for said appointments at the time he was directed, which constitutes a Grade C violation of supervised release. This charge is based on the following facts:

Case 1:04-cr-00354-REB

Document 117

Filed 11/16/2007

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On February 7, February 27, March 1, June 18, July 11, August 9, and August 13, 2007, the defendant reported 25 minutes, 30 minutes, 45 minutes, 30 minutes, 75 minutes, respectively, late for his appointments on those dates. The defendant gave various excuses for being late, i.e., meeting ran late with client, and I was getting paperwork together. On numerous other occasions, the defendant called to reschedule his appointments, many times after he was already late for his scheduled appointment. 4. FAILURE TO COMPLY WITH RULES OF ELECTRONIC MONITORING:

On or about April 7, May 10, June 8, July 23, and August 10, 2007, the defendant returned to his residence late, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On January 31, 2007, the defendant was placed on home detention for a period of eight months wherein he was to comply with a scheduled developed by him and his probation officer. On April 7, the defendant arrived two and one-half hours late, on May 10, he arrive one-half hour late, on June 8, he arrived one hour late, on July 23, 2007, he arrived two hours late, and on August 10, 2007, he arrived three hours late to his residence. In a report to the court dated May 8, 2007, Senior U.S. Probation Officer Rod Waldo, advised the court of the probation office's frustration with the defendant in relation to his home detention. The defendant has continually failed to return calls, faxed schedule changes which is not acceptable, and has changed residence without proper notification to his probation officer. The defendant was provided generous concessions to accommodate his religious practices and his demanding work schedule; however, as noted-above, he continually failed to follow the rules of home detention. 5. FAILURE TO COMPLY WITH RULES OF ELECTRONIC MONITORING:

The defendant failed to pay the cost of home detention as directed by the probation officer, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On January 31, 2007, the defendant was placed on home detention for a period of eight months, and was directed to pay the cost of home detention. The defendant made a $195 payment towards the cost of his home detention in April 2007, and another $300 payment in October 2007. As of this writing, the defendant has a balance of $290. 6. VIOLATION OF SPECIAL CONDITIONS NO. 9, THE DEFENDANT SHALL MAINTAIN SEPARATE PERSONAL AND BUSINESS FINANCES AND SHALL NOT CO-MINGLE PERSONAL AND BUSINESS FUNDS OR INCOME IN ANY FINANCIAL ACCOUNTS, INCLUDING BUT NOT LIMITED TO BANK ACCOUNTS AND LINES OF CREDIT:

For the months of August and September 2007, the defendant co-mingled personal and business funds in violation of special condition no. 9 which states that the defendant shall maintain separate personal and business finances and shall not co-mingle personal and business funds or income in any financial accounts, including, but not limited to bank accounts and lines of credit, which constitutes a Grade C violation of supervised release. This charge is based on the following facts: On October 19, 2007, the defendant submitted written monthly reports for August, and September 2007, via a courier. Attached to the defendant's written monthly reports were the defendant's Wells Fargo business bank account statements dated July 25, through August 8, 2007, and August 31, through October 11, 2007, respectively. Contained in these business bank accounts were numerous personal expenses, i.e., Home Depot in the amount of $190.79; on August 6, King Soopers Grocery in the amount of $74.91; on August 7, Health Club dues of $21.95; on August 24, Circle K Convenience store in the amount of

Case 1:04-cr-00354-REB

Document 117

Filed 11/16/2007

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$30.10; on September 4, Grapevine Wine and Liquor in the amount of $139.99; on September 7, East Side Kosher Deli in the amount of $122.28; on September 7, and Belleview Square Wine Greenwood in the amount of $13.94 on September

28, 2007, etc. The defendant had been advised on January 9, February 7, March 1, and July 18, 2007, that co-mingling his business and personal funds is a violation of his conditions of supervised release; however, as noted-above, he continues to use his business bank account for personal expenses.