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SUMMARY REPORT OF U.S. MAGISTRATE

JUDGE AS TO ALLEGED VIOLATIONS

OF SUPERVISED RELEASE 

PAGE 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

UNITED STATES OF AMERICA,

Plaintiff,

v. 

LISE BUSCHER,

Defendant.

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Case No. CR05-366-RSL

SUMMARY REPORT OF U.S.

MAGISTRATE JUDGE AS TO

ALLEGED VIOLATIONS 

OF SUPERVISED RELEASE

An evidentiary hearing on a Second Supplement Violation of supervised release was

held before the undersigned Magistrate Judge on December 10, 2008. The United States was

represented by Assistant United States Attorney Tate London, and the defendant by Kenneth

Kanev. The proceedings were digitally recorded.

The defendant had been charged and convicted of Mail Fraud and Wire Fraud, in

violation of 18 U.S.C. § 1341 and 1343, respectively. On or about April 16, 2004, defendant

was sentenced by the Honorable Marvin Katz in the Eastern District of Pennsylvania to a

term of twelve (12) months in custody, to be followed by three (3) years of supervised

release. On September 29, 2005, the Honorable Robert S. Lasnik signed an order transferring

jurisdiction of defendant’s supervised release to this District.

The conditions of supervised release included the standard conditions plus the

requirement that defendant pay restitution in the amount of $28,290.

On July 3, 2006, the conditions of supervision were modified to require residence in a

halfway house for up to 120 days. (Dkt. 13.) On July 13, 2006, the defendant admitted
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SUMMARY REPORT OF U.S. MAGISTRATE

JUDGE AS TO ALLEGED VIOLATIONS

OF SUPERVISED RELEASE 

PAGE 2

violating the conditions of supervision by committing the crime of unlawful issuance of bank

checks, failing to notify the probation officer within 72 hours of being arrested, failing to

follow the instructions of the probation officer, failing to submit truthful and complete

monthly reports, failing to pay restitution, failing to notify third parties as required, and being

self-employed and accepting employment without approval of her probation officer. (Dkt.

15.). Defendant was required to reside in a halfway house for up to 270 days and supervised

release was reimposed for 34 months. (Dkt. 20, 21). Additional conditions of release were

imposed requiring defendant to submit to drug testing, and abstain from the use of alcohol

and participate in alcohol treatment.

On February 16, 2007, defendant’s probation officer reported that she had used

alcohol on two occasions. She was reprimanded, placed in a structured testing program, and

the frequency of testing was increased. No further action was taken at the time. (Dkt. 22.)

On May 1, 2007, defendant admitted violating the conditions of supervision by using

alcohol, failing to file monthly reports, failing to report to her probation officer as directed,

failure to attend Moral Reconation Therapy (MRT) and failing to report a change in

residence. (Dkt. 32.) Defendant was sentenced to 75 days imprisonment (with credit for time

served) followed by 33 months supervised release, to include residence in a residential

reentry center program for up to 120 days. (Dkt. 36.) Defendant’s supervision was modified

on October 11, 2007 to require up to an additional 60 days in the residential reentry center.

(Dkt. 37.)

On July 14, 2008, defendant admitted violating the conditions of supervision as to

violation Nos. 1, 2, 3 and 4. Disposition on these violations is pending. (Dkt. 53)

In a Supplemental Violations Report dated July 15, 2008, defendant’s probation

officer reported an additional violation No. 5. (Dkt 56) The government moved to dismiss

violation No. 5 and the Court granted the motion. (Dkt. 64)

In a Second Supplemental Violation Report, dated October 3, 2008, U.S. Probation
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SUMMARY REPORT OF U.S. MAGISTRATE

JUDGE AS TO ALLEGED VIOLATIONS

OF SUPERVISED RELEASE 

PAGE 3

Officer Jennifer J. Tien asserted the following violation by defendant of the conditions of her

supervised release: 

6) Committing the crime of Unlawful Issuance of Bank Checks, in Skagit

County, Washington, on or about and between June 14, 2008 and July 2, 2008,

in violation of the general condition that she not commit any federal, state or

local crimes.

On October 15, 2008, defendant made her initial appearance. The defendant was advised of

the allegation and her rights. On December 10, 2008, defendant appeared for an evidentiary

hearing on the alleged violation No. 6. The government proferred Ex.1 and testimony to

which defense did not object. Defense did not put on evidence. On that basis, defendant is

found to have committed the violation as alleged.

I therefore recommend that the Court find the defendant to have violated the terms

and conditions of her supervised release as to violation number 6, and that the Court conduct

a hearing limited to disposition. A disposition hearing on violations 1, 2, 3, 4 and 6 has been

set before the Honorable Robert S. Lasnik on February 5, 2009, at 8:30 a.m.

 Pending a final determination by the Court, the defendant has been detained. 

DATED this 11th day of December, 2008.

AJAMES P. DONOHUE

United States Magistrate Judge 

cc: District Judge: Honorable Robert S. Lasnik

AUSA: Mr. Tate London

Defendant’s attorney: Mr. Kenneth Kanev

Probation officer: Ms. Jennifer J. Tien