United States District Court
Middle District of Pennsylvania (Harrisburg)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-00283-SHR All Defendants


Case title: USA v. Marlowe et al
Date Filed: 08/18/2004
Date Terminated: 04/03/2006
Assigned to: Honorable Sylvia H. Rambo

Defendant (1)
Kevin D. Marlowe
TERMINATED: 04/03/2006 		represented byWilliam Todd Charles Tully
Law Office of William Tully
2595 Interstate Drive
Suite 101
Harrisburg, PA 17110
717-540-6833
Fax: 717-909-2509
Email: wtt@williamtully.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (7/02 to 12/31/03)
(1)		 Imprisonment 60 months to run concurrently with counts 2-9; Supervised Release 2 years to run concurrently with counts 2-9; Special Assessment $100.00
18:1341 and 2 FRAUDS AND SWINDLES
(2-9)		 Imprisonment 135 months on each count to run concurrently and concurrent with count 1; Supervised Release 2 years on each count to run concurrently. Special Assessment $800.00

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Honorable Sylvia H. Rambo

Defendant (2)
Frederick W. Marlowe, II
TERMINATED: 02/13/2006 		represented byMatthew R. Gover
Nealon & Gover
2411 North Front St.
Harrisburg, PA 17110
717-232-9900
Email: mgover@gpslawfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (7/02 to 12/31/03)
(1)		 Imprisonment 33 months; Supervised Release 3 years. Imprisonment and Supervised Release terms are to run concurrent with each count and with the sentence imposed in MDPA no. 1:04-CR-0285-04; ; Fine $1000.00; Special Assessment $1000.00.
18:1341 and 2 FRAUDS AND SWINDLES
(2-9)		 Imprisonment 33 months; Supervised Release 3 years. Imprisonment and Supervised Release terms are to run concurrent with each count and with the sentence imposed in MDPA no. 1:04-CR-0285-04; ; Fine $1000.00; Special Assessment $1000.00.
18 USC 1623 FALSE DECLARATIONS BEFORE GRAND JURY/COURT (4/14/2004)
(10)		 Imprisonment 33 months; Supervised Release 3 years. Imprisonment and Supervised Release terms are to run concurrent with each count and with the sentence imposed in MDPA no. 1:04-CR-0285-04; ; Fine $1000.00; Special Assessment $1000.00.

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None
Assigned to: Honorable Sylvia H. Rambo

Defendant (3)
Terra Hara, Inc.
TERMINATED: 04/03/2006 		represented byWilliam Todd Charles Tully
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts
Disposition
18:371 CONSPIRACY TO DEFRAUD THE UNITED STATES (7/02 to 12/31/03)
(1)		 Fine $1.00; Special Assessment $400.00
18:1341 and 2 FRAUDS AND SWINDLES
(2-9)		 Special Assessment $3200.00

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

Plaintiff
USA represented byBruce D. Brandler
U.S. Attorney's Office
228 Walnut Street
Harrisburg, PA 17108
717-221-4482
Email: bruce.brandler@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/18/20041 INDICTMENT as to Kevin D. Marlowe (1) count(s) 1, 2-9, Frederick W. Marlowe, II (2) count(s) 1, 2-9, Terra Hara, Inc. (3) count(s) 1, 2-9. (Attachments: # 1 Criminal Cover Sheet # 2 Criminal Cover Sheet # 3 Criminal Cover Sheet) (kjn ) (Entered: 08/19/2004)
08/18/20042 PRAECIPE for Summons as to Deft Kevin D. Marlowe. (kjn ) (Entered: 08/23/2004)
08/18/20043 PRAECIPE for Summons as to Deft Frederick W. Marlowe, II. (kjn ) (Entered: 08/23/2004)
08/18/20044 PRAECIPE for Summons as to Deft Terra Hara, Inc. (kjn ) (Entered: 08/23/2004)
08/18/2004  Count 10 added for Frederick W. Marlowe, II. (ctm) (Entered: 08/25/2004)
08/23/20045 Summons Issued as to Kevin D. Marlowe Arraignment / Initial Appearance set for 9/21/2004 09:30 AM in Harrisburg - Courtroom #5 before Magistrate Judge J. Andrew Smyser. (kjn ) (Entered: 08/23/2004)
08/23/20046 Summons Issued as to Frederick W. Marlowe, II Arraignment / Initial Appearance set for 9/21/2004 09:30 AM in Harrisburg - Courtroom #5 before Magistrate Judge J. Andrew Smyser. (kjn ) (Entered: 08/23/2004)
08/23/20047 Summons Issued as to Terra Hara, Inc. Arraignment / Initial Appearance set for 9/21/2004 09:30 AM in Harrisburg - Courtroom #5 before Magistrate Judge J. Andrew Smyser. (kjn ) (Entered: 08/23/2004)
09/16/20048 Summons Returned Executed on 9/1/04 as to Terra Harra, Inc. (pm, ) (Entered: 09/21/2004)
09/16/20049 Summons Returned Executed on 9/1/04 as to Kevin D. Marlowe (pm, ) (Entered: 09/21/2004)
09/16/200410 Summons Returned Executed on 9/1/04 as to Frederick W. Marlowe, II (pm, ) (Entered: 09/21/2004)
09/21/200412 NOT GUILTY PLEA ENTERED as to Deft Kevin D. Marlowe. (kjn ) (Entered: 09/22/2004)
09/21/200413 SCHEDULING ORDER as to Kevin D. Marlowe Jury Selection and Jury Trial set for 11/29/2004 at 09:30 AM in Harrisburg - Courtroom #4 before the Honorable Sylvia H. Rambo. Signed by Judge J. Andrew Smyser on September 21, 2004. (kjn ) (Entered: 09/22/2004)
09/21/200414 ORDER Setting Conditions of Release as to Deft Kevin D. Marlowe (1) ROR . Signed by Judge J. Andrew Smyser on September 21, 2004. (kjn ) (Entered: 09/22/2004)
09/21/200415 SCHEDULING ORDER as to Deft Kevin D. Marlowe Jury Selection and Jury Trial are set for 11/29/2004 at 09:30 AM in Harrisburg - Courtroom #3 before the Honorable Sylvia H. Rambo. Signed by Judge Sylvia H. Rambo on 9/21/04. (kjn ) (Entered: 09/22/2004)
09/21/200417  Entry of Appearance by Counsel. Attorney Matthew R. Gover for Frederick W. Marlowe, II added. (kjn ) (Entered: 09/22/2004)
09/21/200418 NOT GUILTY PLEA ENTERED as to Deft Frederick W. Marlowe, II. (kjn ) (Entered: 09/22/2004)
09/21/200419 SCHEDULING ORDER as to Frederick W. Marlowe, II Jury Selection and Jury Trial are set for 11/29/2004 at 09:30 AM in Harrisburg - Courtroom #3 before the Honorable Sylvia H. Rambo. Signed by Judge J. Andrew Smyser on September 21, 2004. (kjn ) (Entered: 09/22/2004)
09/21/200420 ORDER Setting Conditions of Release as to Frederick W. Marlowe, II (2) released ROR . Signed by Judge J. Andrew Smyser on September 21, 2004. (kjn ) (Entered: 09/22/2004)
09/21/200422 SCHEDULING ORDER as to Terra Hara, Inc. Jury Selection and Jury Trial are set for 11/29/2004 at 09:30 AM in Harrisburg - Courtroom #3 before the Honorable Sylvia H. Rambo. Signed by Judge J. Andrew Smyser on September 21, 2004. (kjn ) (Entered: 09/22/2004)
09/21/200423 SCHEDULING ORDER as to Terra Hara, Inc. Jury Selection and Jury Trial are set for 11/29/2004 at 09:30 AM in Harrisburg - Courtroom #3 before the Honorable Sylvia H. Rambo. Signed by Judge Sylvia H. Rambo on September 21, 2004. (kjn ) (Entered: 09/22/2004)
10/12/200424  MOTION for Hearing (Pretrial Conference) by USA as to Kevin D. Marlowe, Frederick W. Marlowe, II, Terra Hara, Inc.. (Attachments: # 1 Certificate of Concurrence)(Brandler, Bruce) (Entered: 10/12/2004)
10/12/200425  MOTION for order to show cause for failure to appear re 7 Summons Issued to appear at arraignment on 09/21/04 by USA as to Terra Hara, Inc.. (Attachments: # 1 Exhibit(s) # 2 Proposed Order)(Brandler, Bruce) (Entered: 10/12/2004)
10/15/200426 ORDER TO SHOW CAUSE as to Terra Hara, Inc. Terra Hara, Inc., Kevin Marlowe and Stephanie Marlowe are to appear on 10/26/2004 @ 2:00 PM before Honorable Sylvia H. Rambo to show cause why Terra Hara should not be held in contempt of court for failure to appear at the 9/21/04 arrarraignment.. Signed by Judge Sylvia H. Rambo on 10/15/04. (ma, ) (Entered: 10/15/2004)
10/19/200427 ORDER as to all dfts: A case management conference has been set for 10/28/2004 @ 2:00 PM before Honorable Sylvia H. Rambo.. Signed by Judge Sylvia H. Rambo on 10/19/04. (ma, ) (Entered: 10/19/2004)
10/20/200428 PRAECIPE Entry of Appearance (Gover, Matthew) (Entered: 10/20/2004)
10/27/200430 ORDER as to Kevin D. Marlowe and Terra Hara, Inc.: 1) The Rule to Show Cause 26 against Terra Hera, Inc., Kevin D. Marlowe,and Stephanie Marlowe is dismissed.2) Kevin D. Marlowe shall produce to the AUSAcertified copies from the appropriate Nevada state official as to the status of thecorporation, Terra Hara, Inc. Said production shall be submitted no later thanNovember 16, 2004. Order to Show Cause, . Signed by Judge Sylvia H. Rambo on 10/27/04. (ma, ) (Entered: 10/27/2004)
10/29/200432 PRE-TRIAL ORDER as to Kevin D. Marlowe, Frederick W. Marlowe, II, Terra Hara, Inc. Discovery due by 12/3/2004. J/S and Trial continued to 1/10/2005 beginning at 9:30 AM before Honorable Sylvia H. Rambo. See order for other ddls.. Signed by Judge Sylvia H. Rambo on 10/29/04. (ma, ) (Entered: 10/29/2004)
11/19/200433 ORDER as to Terra Hara, Inc for Kevin D. Marlowe TO SHOW CAUSE, why he should not be held in contemptof the court's 10/27/04 order by n/l/t 11/30/04.2) In the alternative, Mr. Marlowe will be exempt from the court's showcause order if he produces the required materials to the Gvt by 11/30/04.. Show Cause Response due by 11/30/2004.. Signed by Judge Sylvia H. Rambo on 11/19/04. (ma, ) (Entered: 11/19/2004)
01/03/200534 Sealed Document (ma, ) (Entered: 01/03/2005)
01/03/200535 Sealed Document (ma, ) (Entered: 01/03/2005)
01/03/200536 Sealed Document (ma, ) (Entered: 01/03/2005)
01/04/200537 Proposed Voir Dire by USA as to Kevin D. Marlowe, Frederick W. Marlowe, II, Terra Hara, Inc. (Brandler, Bruce) (Entered: 01/04/2005)
01/05/200538 Proposed Voir Dire by Frederick W. Marlowe, II (Gover, Matthew) (Entered: 01/05/2005)
01/07/200539 Proposed Jury Instructions by USA as to Kevin D. Marlowe, Frederick W. Marlowe, II, Terra Hara, Inc. (Brandler, Bruce) (Entered: 01/07/2005)
01/10/2005  Jury Impaneled as to Kevin D. Marlowe, Frederick W. Marlowe, II, Terra Hara, Inc. (ma, ) (Entered: 01/11/2005)
01/10/200541 Jury List as to Kevin D. Marlowe, Frederick W. Marlowe, II, Terra Hara, Inc. (ma, ) (Entered: 01/11/2005)
01/12/200543 EXHIBIT LIST of the USA as to Kevin D. Marlowe, Frederick W. Marlowe, II, Terra Hara, Inc. from j/t. (ma, ) (Entered: 01/12/2005)
01/12/200545 JURY VERDICT as to Kevin D. Marlowe (1), Frederick W. Marlowe, II (2) and Terra Hara, Inc. (3) Guilty on Cnts 1,2-9 (ma, ) (Entered: 01/13/2005)
01/12/200546 JURY VERDICT as to Frederick W. Marlowe, II (2) Guilty on Count 10. (ma, ) (Entered: 01/13/2005)
01/13/200547 RECEIPT signed by Bruce Brandler acknowledging acceptance of his original trial exhibits. (ma, ) (Entered: 01/13/2005)
01/18/200548 First MOTION for Extension of Time to File for Post-Verdict Relief by Frederick W. Marlowe, II. (Attachments: # 1 Proposed Order)(Gover, Matthew) (Entered: 01/18/2005)
01/24/200549 TRANSCRIPT - of Jury Trial, Testimony of Teresa Barnes, as to defendants Kevin D. Marlowe, Frederick W. Marlowe, II & Terra Hara, Inc. held on 1/10/05 before Judge Syvia H. Rambo. Court Reporter: Wendy C. Yinger. (am) (Entered: 01/24/2005)
02/01/200550 First MOTION for New Trial by Frederick W. Marlowe, II. (Attachments: # 1 Exhibit(s) Exhibit "A"# 2 Proposed Order)(Gover, Matthew) (Entered: 02/01/2005)
02/01/200551 ORDER: Post-Verdict Mtns for all Dfts are due on orbefore 2/2/05. . Signed by Judge Sylvia H. Rambo on 02/01/05. (ma, ) (Entered: 02/01/2005)
02/02/200552  MOTION for Post Trial Relief by Kevin D. Marlowe. With c of s. Brief in Support due by 2/16/2005 (Attachments: # 1 Proposed Order)(ma, ) (Entered: 02/03/2005)
02/15/200553 TRANSCRIPT (EXCERPT) - of Jury Trial Testimony of Emily Clark as to defendants Kevin D. Marlowe, Frederick W. Marlowe, II & Terra Hara, Inc. held on January 10, 2005 before Judge Rambo. Court Reporter: Wendy C. Yinger. (am) (Entered: 02/16/2005)
02/15/200554 TRANSCRIPT (EXCERPT) - of Jury Trial Testimony of Linda Marlowe as to defendants Kevin D. Marlowe, Frederick W. Marlowe, II & Terra Hara, Inc. held on January 11, 2005 before Judge Rambo. Court Reporter: Wendy C. Yinger. (am) (Entered: 02/16/2005)
02/16/200555 TRANSCRIPT (EXCERPT) - of Jury Trial Testimony of Deanna Kelly as to defendants Kevin D. Marlowe, Frederick W. Marlowe, II & Terra Hara, Inc. held on January 11, 2005 before Judge Rambo. Court Reporter: Wendy C. Yinger. (am) (Entered: 02/16/2005)
02/18/200556 TRANSCRIPT - of Jury Trial Testimony of Stephanie Marlowe as to defendants Kevin D. Marlowe, Frederick W. Marlowe, II & Terra Hara, Inc. held on January 11, 2005 before Judge Rambo. Court Reporter: Wendy C. Yinger. (am) (Entered: 02/18/2005)
02/18/200557 TRANSCRIPT - of Opening Instructions of the Court and Opening Statements of Defense Counsel in the Proceedings as to defts. Kevin D. Marlowe, Frederick W. Marlowe, II & Terra Hara, Inc. held on January 10, 2005 before Judge Rambo. Court Reporter: Wendy C. Yinger. (am) (Entered: 02/18/2005)
03/01/200558 MEMORANDUM in Suport of Defendant Frederick W. Marlowe's Post-Trial Motions by Frederick W. Marlowe, II (Gover, Matthew) (Entered: 03/01/2005)
03/15/200560 BRIEF IN OPPOSITION by USA as to Kevin D. Marlowe, Frederick W. Marlowe, II, Terra Hara, Inc. re 52 MOTION Post Trial Relief Reply Brief due by 3/29/2005. (Brandler, Bruce) (Entered: 03/15/2005)
05/17/200561 ORDER: the mtn for post trialrelief 52 filed by Dft Kevin Marlowe is deemed withdrawn. . Signed by Judge Sylvia H. Rambo on 05/17/05. (ma, ) (Entered: 05/17/2005)
05/19/200562 MEMORANDUM AND ORDER denying Motion for New Trial 50 as to Frederick W. Marlowe, II . Signed by Judge Sylvia H. Rambo on 05/19/05. (ma, ) (Entered: 05/19/2005)
12/14/200563 First MOTION for Extension of Time to File Response/Reply /Objections to Presentence by Frederick W. Marlowe, II. Brief in Support due by 12/29/2005 (Attachments: # 1 Proposed Order to Continue Deadline for Filing Presentence Objections)(Gover, Matthew) (Entered: 12/14/2005)
12/15/200564 First MOTION to Continue Deadline for Filing Pre-Sentence Objections by Kevin D. Marlowe. Brief in Support due by 12/30/2005 (Attachments: # 1 Proposed Order)(Tully, William) (Entered: 12/15/2005)
12/15/200565 ORDER granting Motion for Extension of Time to File 63 as to Frederick W. Marlowe, II: Dft, Frederick W.Marlowe, II, should be allowed to submit psr objs on orbefore 1/16/06.. Signed by Judge Sylvia H. Rambo on 12/15/05. (ma, ) (Entered: 12/15/2005)
12/15/200566 ORDER as to Kevin D. Marlowe: Deadline to File Presentence Objections is continued. . Signed by Judge Sylvia H. Rambo on 12/15/05. (ma, ) (Entered: 12/15/2005)
01/31/200667 ORDER as to Terra Hara, Inc.: Kevin Marlowe and attyWilliam T. Tully shall provide the probation office with the requested corporateinformation on Terra Hera by February 10, 2006.. Signed by Judge Sylvia H. Rambo on 01/31/06. (ma, ) (Entered: 01/31/2006)
02/02/200668 NOTICE as to Frederick W. Marlowe, II: Sentencing set for 2/13/2006 @ 9:15 AM before Honorable Sylvia H. Rambo. (ma, ) (Entered: 02/02/2006)
02/10/200669 SENTENCING MEMORANDUM by USA as to Frederick W. Marlowe, II (Brandler, Bruce) (Entered: 02/10/2006)
02/13/200671 JUDGMENT as to Frederick W. Marlowe, II (2), Count(s) 1, 10, 2-9, Imprisonment 33 months; Supervised Release 3 years. Imprisonment and Supervised Release terms are to run concurrent with each count and with the sentence imposed in MDPA no. 1:04-CR-0285-04; ; Fine $1000.00; Special Assessment $1000.00. . Signed by Judge Sylvia H. Rambo on 02/13/06. (ma, ) (Entered: 02/13/2006)
02/13/200672 VOLUNTARY SURRENDER as to Frederick W. Marlowe, II Defendant to surrender on 03/13/06 at the institution designated by the BOP . Signed by Judge Sylvia H. Rambo on 02/13/06. (ma, ) (Entered: 02/13/2006)
03/06/200673 NOTICE as to Kevin D. Marlowe: Sentencing set for 3/28/2006 @ 10:00 AM before Honorable Sylvia H. Rambo. (ma, ) (Entered: 03/06/2006)
03/06/200674 NOTICE as to Terra Hara, Inc.: Sentencing set for 3/28/2006 @ 10:00 AM before Honorable Sylvia H. Rambo. (ma, ) (Entered: 03/06/2006)
03/22/200675 Judgment Returned Executed as to Frederick W. Marlowe, II. Dft delivered to FCI Schuylkill on March 13, 2006. (kjn) (Entered: 03/22/2006)
03/22/200676 Judgment Returned Executed as to Frederick W. Marlowe, II on 3/13/06. Dft vol. surrendered to FCI Schuylkill at Minersville, Pa. (pm, ) (Entered: 03/22/2006)
03/24/200677 SENTENCING MEMORANDUM by USA as to Kevin D. Marlowe (Attachments: # 1 Exhibit(s))(Brandler, Bruce) (Entered: 03/24/2006)
03/28/200679 ORDER Setting Conditions of Release pending voluntary surrender as to Kevin D. Marlowe (1) ROR . Signed by Judge Sylvia H. Rambo on 03/28/06. (ma, ) (Entered: 03/30/2006)
03/28/200680 VOLUNTARY SURRENDER as to Kevin D. Marlowe. Defendant to surrender on 04/11/06 at the institution designated by the BOP . Signed by Judge Sylvia H. Rambo on 03/28/06. (ma, ) (Entered: 03/30/2006)
04/03/200682 JUDGMENT as to Terra Hara, Inc. on Count(s) 1-9 of the indictment: Fine $1.00; Special Assessment $3600.00 . Signed by Judge Sylvia H. Rambo on 03/30/06. (ma, ) (Entered: 04/03/2006)
04/03/200683 JUDGMENT as to Kevin D. Marlowe (1), Count(s) 1, Imprisonment 60 months to run concurrently with counts 2-9; Supervised Release 2 years to run concurrently with counts 2-9; Special Assessment $100.00; Count(s) 2-9, Imprisonment 135 months on each count to run concurrently and concurrent with count 1; Supervised Release 2 years on each count to run concurrently. Special Assessment $800.00 . Signed by Judge Sylvia H. Rambo on 04/03/06. (ma, ) (Entered: 04/03/2006)
04/24/200684 Judgment Returned Executed as to Kevin D. Marlowe on 4/11/06-Dft voluntarily surrendered to SCP at Lewisburg, Pa. (pm, ) (Entered: 04/24/2006)
07/26/200685 TRANSCRIPT of Sentencing Proceedings as to Kevin D. Marlowe held on 3/28/06 before Judge Rambo. Court Reporter: Wendy Yinger. (ctrep7) (Entered: 07/26/2006)
02/25/200987 STENO NOTES/TAPE OF PROCEEDINGS - re Frederick W. Marlowe, II filed by Wendy Yinger of sentencing before Judge Rambo on 2/14/06. (Notes Cross-referenced in CR-04-285-04 re: sentencing proceedings) (Court Reporter Notes/Tapes are not viewable pdf documents). (am, ) (Entered: 02/25/2009)
03/26/200988 Satisfaction of Judgement (Thiel, G.M.) (Entered: 03/26/2009)
11/20/200989 STENO NOTES/CD OF PROCEEDINGS re Kevin D. Marlowe, Frederick W. Marlowe, II, Terra Hara, Inc. filed by Wendy Yinger of Jury Trial before Judge Rambo on 1/10/05; 1/11/05; 1/12/05 (1) of (1). (Envelope contains three envelopes) (Court Reporter Notes/Tapes are not viewable pdf documents). (am, ) (Entered: 11/20/2009)