POSITION OF PARTIES WITH RESPECT TO SENTENCING FACTORS RE: Durschslag, Robert Allen SD/FL PACTS NUMBER: 82914 DOCKET NO: 113 1:04CR20822 OBJECTIONS DUE BY: April 14, 2005 DATE AVAILABLE for DISCLOSURE: March 31, 2005 Thave read the presentence investigation completed by the United States Probation Office. There are no disputed facts. There are unresolved factual disputes which are attached, Durschslag, Robert Allen (Date) a —— iami, FL, Stewart Abrams, AFPD. (Date) — —— Miami, FL Michele R. Korver (Date) Return To: ‘Marilys S. Martinez U.S. Probation Officer 300 NE Ist Avenue, Suite 315, Miami, FL 33132-2126SD/FL PACTS #82914 Pursuant to the U.S. Supreme Court decision in U.S. v Booker, 125 S.Ct. 738(2005), the sentencing guidelines presented herein are advisory and not binding on the Court. UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA UNITED STATES OF AMERICA ) PRESENTENCE INVESTIGATION REPORT Docket No. 113C 1:04CR20822 Defendant No. 001 ) v ) ) ROBERT ALLEN DURSCHSLAG ) Guidelines Manual: 2004 ») ) Prepared for: The Honorable Shelby Highsmith Senior U.S. District Judge Prepared by: Marilys S. Martinez U.S. Probation Officer 300 NE Ist Avenue, Suite 315 Miami, FL 33132-2126 305.523.5437 As Defense Counsel Michele R. Korver Stewart Abrams, AFPD 99 N.E. 4th Street 150 West Flagler Street Miami, FL 33132 Suite 1500 305.961.9392 Miami, FL 33130 305.530.7000 305.536.4559 Fax Sentence Date: May 5, 2005, Miami, FLOffense: Count One: Bank fraud, 18 U.S.C. § 1344, a Class Bk Penalty: — 0-to 30 years imprisonment, $1,000,000 fine and $100 special 2 Arrest Date: October 13, 2004 Release Status: In federal custody at FDC, Miami since date of arrest, to an Order of Detention Detainers: None Codefendants: None Related Cases: None Date Available for Disclosure: Date Report Revised: March 31, 2005Date of Birth: March 15, 1956 48 Age: Race: White/non-Hispanic Sex: Male SS#: 350-40-2484 FBI #: 28450SX5 USM #: 8978-024 Other ID #: FL Driver's License #: 1D624-761-56-095-0 Education: 9th grade Dependants Three( children) Citizenship: United States Legal Address: Federal Detention Center Miami, FL 33132 No phones Alias: Name: Robert Allen Durchslag (True name) Robert Allen Durschlag Robert Allen Durschslag designation, programming, sentence calculation, pro rleac Planning, escape apprehension, prison disturbance Feamrar gr Settence commutation, or pardon) and other limited Purposes, including deportation proceedings and Staal investigations directly related to terrors activitcn tr doe resentence investigation report 1s rediscloned by the Federal Bureau of Prisons upon completion of ie Sentence administration function. the sees on etumed to the Federal Bureau of Prignne nr dante es nt ©PART A, THE OFFENSE Charge(s) and Conviction(s) On January 21, 2005, the defendant pled guilty to the one-count Indictment charging him with bank fraud, in violation of 18 U.S.C. § 1344. Pursuant to a written plea agreement, the government will recommend a reduction for acceptance of responsibility, pursuant to § 3EL.1. This is upon the defendant making a full and complete disclosure to the probation office. regarding the offense. : ‘The government and the defendant agree that the actual, probable or intended loss attributable to the defendant in this case is $51,419. The defendant, however, agrees he shall pay restitution in the amount of $76,084.98. The Offense Conduct The following information was provided by Assistant U.S. Attorney Michele Korver. On April 20, 2004, SunTrust Fraud Investigator Mike Genduso contacted Special Agent (SA) Brad Crook with the United States Secret Service regarding a suspected bank fraud being perpetrated by SunTrust customer Robert A. Durchslag. Mr. Genduso advised SA Crook that a customer named Robert A. Durchslag opened a SunTrust checking account #1000016274945 on or about January 12, 2004, at the SunTrust Bank branch located at 3115 South University Drive in Davie, Florida, To open the account, Durchslag provided a date of birth of March 15, 1956, a social security number ending in 2484, and he presented Louisiana Driver's License #008691571, bearing his name, Robert Allen Durchslag. On April 8, 2004, Durchslag deposited into his SunTrust checking account a personal check, number 2679, in the amount of $65,000, drawn on an account #2036485372, in his name, at Hibernia National Bank in New Orleans, Louisiana. Credit was given to his SunTrust account almost immediately. Later the same day, Durchslag purchased from Lexus of Kendall, located at 10943 South Dixie Highway in Miami, Florida, a 2004 Lexus GX 470, VIN #1TYB20X740043682, for $51,418.59. Durchslag paid for the Lexus GX $70 using check number 1545, drawn on his just opened SunTrust account. On April 9, 2004, a representative of Lexus of Kendall presented to SunTrust Bank the personal check number 1545, made payable to Lexus of Kendall, from Durchslag, in the amount of $51,418.59. Lexus of Kendall exchanged this personalcheck for SunTrust Official Bank check number 0203909121, in the amount of $51,418.59. As a result, Lexus of Kendall released the Lexus GX 470 Sports Utility Vehicle mentioned above to Durchslag as a cash purchase. On April 12 and 13, 2004, Durchslag made two additional personal. checks deposits into his SunTrust Bank account for $75,000 and $80,000, respectively. Both checks were drawn from the same Hibernia Bank account. On April 14, 2004, SunTrust Bank received notice from Hibernia National Bank in New Orleans, Louisiana that Durchslag's check for $65,000, deposited on April 8, 2004, was being returned for insufficient funds. SunTrust Bank Fraud Investigator Genduso confirmed with a Hibernia National Band Fraud Investigator that Durchslag’s account at Hibernia National Bank was closed on March 5, 2004 for insufficient funds. In addition to the Lexus purchase, Durchslag made numerous purchases and ATM withdrawals using his SunTrust account check card. SunTrust sustained a total loss of $76,084.98. Victim Impact ‘The provisions of the Mandatory Victim Restitution Act of 1996 apply to this Title 18 offense. The defendant, between April 8, 2004 and April 13, 2004, fraudulently deposited $220,000.00 in personal checks from Hibernia National Bank in New Orleans, Louisiana into SunTrust Bank account number 1000016274945 in Fort Lauderdale, Florida. SunTrust Bank located at 515 East Las Olas Boulevard suffered a total loss of $76,084.98. Adjustment for. tion of. if The probation officer has no information indicating that the defendant impeded or obstructed justice. Adju: it tance ibil The defendant, in the presence of counsel, provided a written statement to the probation officer wherein he admitted his involvement in the offense, which has been attached for the Court's review.Offense Level Computation Base Offense Level: The guideline for an 18 U.S.C. § 1344 offense is found in § 2B1.1 of the guidelines. That section provides that an offense involving bank fraud has a base offense level of seven, because the defendant was convicted of an offense referenced to in this guideline, and that offense of conviction has a statutory maximum term of imprisonment of 20 years or more, § 2B1.1(a)(1). Specific Offense Characteristics: Because the loss was more than $200,000 but not more than $400,000 the offense level is increased by 12 levels, § =~ 2B1.1(b)(1)(G). s 20. 21. 22. 23. 24, 412 Victim-Related Adjustments: None o Adjustment for Role in the Offense: None : Adjustment for Obstruction of Justice: None : Adjusted Offense Level (subtotal): » Chapter Four Enhancements: None , Adjustment for Acceptance of Responsibility: The defendant has clearly demonstrated acceptance of responsibility for his offense. Accordingly, the offense level is decreased by two levels, § 3E1.1(a). Pursuant to § 3E1.1(b), for the defendant to receive the additional one 2 tevel decrease, the government must file a motion stating the defendant assisted authorities in the investigation of his own misconduct by timely notifying authorities of his intention to plea guilty. Total Offense Level: Be 16PART B. THE DEFENDANT'S CRIMINAL HISTORY 26. 27. uvenile Adiudicati None Adult Criminal Convictions Date of Arrest Charge/Agency 10/27/81 Ct. 1: Theft, (age 25) Ct. 2: Deceptive Practice, Chicago Police Dept., Chicago, IL Date Sentence Imposed/ Disposition Dkt. #81 C-9426 3/16/83: Cts. 1 & 2,2 years imprisonment at the Illinois Department of Corrections, concurrent with dit. #s 82.C 1401 and 82C 1402 Guideline/ Points _ 4A1.2(€)@) Q According to court records, the defendant passed two checks totaling $94,000 for jewelry purchased at a Chicago jeweler knowing he did not have sufficient funds to cover the checks. 2/7182 eccaees (age 25) Ct. 2: Deceptive Practice, Cook County Sheriff's Office, Cook County, IL Dkt. #82 C-1401, 1402 4A1.2(6)(3) 3/16/83: Cts, 1 & 2,2 years imprisonment at the Illinois Department of Corrections, concurrent with dkt. # 81 €-9426 0 According to court records, the defendant intended to defraud Sidney Garber Jewelers Inc. as he issued them a check from the Central National Bank in Chicago, Ilinois for $94,435.65, knowing that it would not be paid by the bank.28. 4/2/82 Cts, 1 & 2: Interstate (age 26) Commerce of Forged Securities, 29. U.S. Marshalls Chicago, Chicago, IL Dkt. #82-CR-200-1“4AL Ifa) 12/17/82: Cts. 1 & 2,5 years probation, 6 months work release 3/28/86: Probation revoked, 5 years imprisonment, 5 years probation, concurrent with Dkt. #85-CR-317 4/26/90: Probation. revoked, 4 years imprisonment concurrent with Dkt. #88-CR-819-1 3 According to court records, the offense involved two forged counterfeit money orders totaling $1,382,150. On January 27, 1988, the defendant was released on parole. 10/17/84 Cts. 1 & 2: Bank (age 28) Robbery, U.S. Marshalls Chicago, Chicago, IL Dkt. #85-CR-317-1 8/2/85: Cts. 1 & 2,5 years custody of the Attorney General, 5 years probation 4/26/90: Probation revoked, 4 years imprisonment concurrent with Dkt. #88-CR-819-1 4AL.1(a) 3 According to court records, in May and June 1984, the defendant began kiting checks between two California banks after wiring a $250,000 check on a closed account in Chicago. Through kiting, the defendant obtained over $9,000 from the Great Western Savings and Loan of California and a $21,000 sports car from his employer. On January 27, 1988, the defendant was released on parole.30. 1/6/89 Ct. 1: Bank Fraud, Dkt. #88-CR-819-1 4AL.1(a) {age 32) Ct. 7: Interstate 220/90: Cts. 1,7, & 9, Transportation of Stolen 57 months custody of the Automobiles, Attomey General, 3 Ct. 9: Fraudulent Use of years supervised release, Credit Cards, $185,000 restitution U.S. Marshalls Chicago, Chicago, IL 3 According to court records, in April 1988 the defendant founded U.S. Federal Roofing Company, Inc. and opened a checking account for his new company at the Continental Bank of Buffalo Grove. In May 1988, the defendant opened two additional checking accounts for his business at the American National Bank of Chicago. In September 1988, the defendant wrote three checks on the Continental account totaling $6,470,000, each of which he deposited into his accounts at the American National Bank of Chicago knowing he did not have sufficient funds to cover the checks. On October 3, 1988, the defendant rented a 1988 Lincoln Continental Towncar from the Hertz Corporation at O'Hare International Airport in Chicago requiring him to pay $95 per day for the use of the car and return it by October 17, 1988. On October 5, 1988, a warrant was issued for the defendant's arrest. The defendant was arrested on January 6, 1989 in Philadelphia, Pennsylvania.31. 32. 12/14/99 Ct. 1: Aggravated (age 43) Fleeing, Ct. 2: Child Abuse, Parkland Police Dept., Parkland, FL years probation, 14 days county jail , $360 fine and cost 7/5100: Order to retain defendant on sentence imposed 9/19/00: Violation of probation warrant 12/1/00: Probation modified, 4 years and 6 months probation, 7 months county jail, $33,409.42 restitution within 4 years, and $305 fine and cost 5/15/01: Probation terminated 2 According to court records, on December 14, 1999, the defendant's vehicle was stopped in reference to a traffic violation. A routine computer records check of the defendant revealed a possible warrant for child endangerment. The defendant fled the area with two minor children, ages 3 years and 21 months and traveled in excess of 100 miles per hour. The defendant continued to elude capture until two tires on the passenger side blew out and the defendant lost control of the vehicle. ‘The defendant then refused to open the door or windows and a spring loaded center punch had to be used by officers to gain access to the interior of the vehicle. The defendant was taken into custody and both children were removed to safety. The defendant violated the term of probation by committing a new felony offense in docket #F00-23144, Criminal History Computation The. defendant has a total of eleven criminal history points and a criminal history category of V (Chapter Five, Part A).Other Criminal Conduct Date of Arrest Charge Agency 33. 1/4/85 Fraud Thun Police Dept, 1/4/85: 7 months (age 28) Thun, Switzerland imprisonment The circumstances for this case are not available. The defendant was released on probation on March 8, 1985. No further information is available. 34. 7/19/00 Grand Theft Auto Miami-Dade Police kt. #F00-23144 (age 44) Dept., Miami, FL. 5/8/01: Nolle prossed According to court records, the defendant was the finance manager at the Braman Honda Dealership in Miami, Florida. The defendant spoke to the finance director and asked him to order a Mercedes Benz 500 SL so that he could lease the vehicle for himself. The defendant advised that he had been preapproved through a personal friend at Bank One. The defendant never secured the necessary paperwork or proper financing for the Mercedes, however, took delivery of the vehicle on April 28, 2000. Pending Charges 35. None Arr 36. None PART C. OFFENDER CHARACTERISTICS Personal and Family Data 37. Robert Durchslag was bom in Chicago, Illinois on March 15, 1956. He is the youngest of three children born to the marital union of Irving and Jeannette Durchslag. Mr. and Mrs. Durchslag separated in 1965, when the defendant was nine years old. Eventually, they divorced in 1980. The defendant's father, age 89. resides at 287 Vincent Place in Elgin, Illinois. He currently owns and operates a roofing contracting business in Elgin. His mother, age 86, resides at 1122 Lunt Steet, Unit 9D in Chicago. She is a retired elementary school teacher. The defendant indicated his mother was an alcoholic who attempted to commit suicide on two occasions. Mrs. Durchslag denied having an alcohol problem or trying to commit suicide, She described the defendant's childhood as extremely difficult as u38. 39. 40. a. he suffered from a severe learning disability, now unable to read. Mrs. Durchslag believes the defendant can be ductive member of the community, as he is very kind and generous toward others. She furthered stated she is heart broken over this situation, as her son does not belong in prison. The defendant has one brother and one sister. Donald Durchslag, age 51, resides in Schaumburg, Illinois and works for his father’s roofing contracting business. Debra Durchslag, age 49, resides in Rhinelander, Wisconsin. The defendant has limited contact with his siblings. The defendant married Diana Pilgin in 1973. They were divorced in 1976. No children were born from this union. The defendant's second marriage was to Deborah Vyse, now known as Deborah Reed. They were married in 1978 in Iinois. They were divorced in May 1984. On April 21, 1981, William Durchslag, was born from this union. According to Ms. Reed, the defendant never paid child support. Furthermore, the defendant does not have a relationship with his son. According to a swom affidavit filed by Deborah Reed on October 14, 2003 in the County of Mason in Michigan, Ms. Reed advised that in January 1982, she left their son, William, in the care of the defendant to visit her sister in a local hospital. Upon her return to the family home, she discovered the defendant had fled with the child. With the assistance from the Federal Bureau of Investigation (FBI), the defendant was tracked to Canada, Florida, Antigua and finally to Puerto Rico where he was arrested by the FBI in a fishing boat. The child was returned to Ms. Reed. On January 14, 2004, Ms. Reed was contacted during the defendant's mental health evaluation by Dr. Daliah Bauer from Louisiana State University Health Sciences Center in New Orleans, Louisiana. Ms. Reed described her ex-husband as a "constant liar." According to Dr. Bauer's evaluation, the defendant's third marriage was to Bonnie Ott. No children were born from this union. ‘The defendant did not mention Ms. Ott uring the presentence interview. No further information is available. Durchslag married Grazyna Gorska in June 25, 1995. According to the Circuit Court of Cook County Mlinois Domestic Relations Division, the marriage was dissolved on May 30, 2000. Two children were born from this union. Janinka Durchslag, age eight and Rudolf Durchslag, age six. According to court records received from the State of Wisconsin Circuit Court Juvenile Division in Waukesha County, on July 3, 2000, the defendant's paternal rights were terminated as he neglected, refused, or was unable for reasons other than poverty to provide the necessary care, food, clothing, or medical care” for his children. Judge Mac Davis found the defendant to be a "pathological liar", a "con man who suffers from ‘Munchhausen’s syndrome by proxy. On December 14, 1999, the defendant was charged with aggravated fleeing and child abuse (see Dkt. #99-22274CFIOA). 2