United States District Court
Middle District of Pennsylvania (Harrisburg)
CRIMINAL DOCKET FOR CASE #: 1:04-cr-00285-SHR-5,6


Case title: USA v. Marlowe et al

Date Filed: 08/18/2004
Date Terminated: 04/03/2006

Assigned to: Honorable Sylvia H. Rambo

Defendant (5)
Vector Systems,Inc.,
TERMINATED: 04/03/2006
represented byJoshua D. Lock
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Fax: 717-234-6808
Email: jdw@goldbergkatzman.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Joseph U. Metz
Dilworth Paxson LLP
112 Market Street
Harrisburg, PA 17101
717-236-4812
Fax: 17172367811
Email: jmetz@dilworthlaw.com
TERMINATED: 10/26/2004
ATTORNEY TO BE NOTICED

Pending Counts

Disposition
18, 371. CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Fine $1.00; Special Assessment $400.00

Highest Offense Level (Opening)
Felony

Terminated Counts

Disposition
18,201(c)(1) (A). BRIBERY OF PUBLIC OFFICIALS AND WITNESSES
(16-29)
Dismissed
18, 1343,1346 and 2. FRAUD BY WIRE, RADIO, OR TELEVISION,AID,ABET
(30-39)
Dismissed

Highest Offense Level (Terminated)
Felony

Complaints

Disposition
None

Assigned to: Honorable Sylvia H. Rambo

Defendant (6)
Omnigraphics And Applications Design, Inc.
TERMINATED: 03/28/2006
represented byJoshua D. Lock
Goldberg, Katzman & Shipman, P.C.
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
717-234-4161
Fax: 717-234-6808
Email: jdw@goldbergkatzman.com
TERMINATED: 02/03/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Designation: Retained

Pending Counts

Disposition
None

Highest Offense Level (Opening)
None

Terminated Counts

Disposition
18, 371. CONSPIRACY TO DEFRAUD THE UNITED STATES
(1)
Dismissed

Highest Offense Level (Terminated)
Felony

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

Joseph J. Terz
U.S. Attorney's Office
228 Walnut St
Room 217, Federal Building
Harrisburg, PA 17108
717- 221-4482
Fax: 17172214493
Email: joseph.terz@usdoj.gov
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
08/18/2004INDICTMENT as to Kevin D. Marlowe (1) count(s) 1, 2-15, 30-39, 51-53, 55, 56, 57, 58, 59, 67, 68, Benjamin D.. Share (2) count(s) 1, 16-29, 30-39, 40-50, 64-65, 66, David M. Tynio (3) count(s) 1, 62, 63, Frederick W. Marlowe, II (4) count(s) 1, 12, 54, 56, 57, 58, 60, 61, Vector Systems,Inc., (5) count(s) 1, 16-29, 30-39, Omnigraphics And Applications Design, Inc. (6) count(s) 1. (Attachments: # 1 Criminal Cover Sheet for each deft) (pm, ) (Entered: 08/19/2004)
08/18/200410 PRAECIPE To Issue Summons against dft Vector Systems, Inc. (pm, ) (Entered: 08/23/2004)
08/18/200412 PRAECIPE To Issue Summons by USA against dft Omnigraphics and Applic Design,Inc. (pm, ) (Entered: 08/23/2004)
08/23/200411 Summons Issued as to Vector Systems,Inc., Arraignment/initial appearance set for 9/21/2004 09:30 AM in Harrisburg - Courtroom #5 before Magistrate Judge J. Andrew Smyser. (pm, ) (Entered: 08/23/2004)
08/23/200413 Summons Issued as to Omnigraphics And Applications Design, Inc. Arraignment/initial appearance set for 9/21/2004 09:30 AM in Harrisburg - Courtroom #5 before Magistrate Judge J. Andrew Smyser. (pm, ) (Entered: 08/23/2004)
09/21/2004  NOT GUILTY PLEA ENTERED as to Omnigraphics And Applications Design, Inc. (ctm) (Entered: 09/23/2004)
09/21/200440 Entry of Appearance by Counsel - Joseph U. Metz, Esq. appearing for Vector Systems,Inc. (kjn ) (Entered: 09/23/2004)
09/21/200441 NOT GUILTY PLEA ENTERED as to Deft Vector Systems,Inc. (kjn ) (Entered: 09/23/2004)
09/21/200442 SCHEDULING ORDER as to Vector Systems,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: 09/23/2004)
09/21/200443 ORDER setting trial for 11/29/04 for defendant Omnigraphics And Applications Design, Inc. . Signed by Judge J. Andrew Smyser on 9/21/04. (ctm) (Entered: 09/23/2004)
09/21/200444 SCHEDULING ORDER as to Omnigraphics And Applications Design, Inc. : Jury Trial set for 11/29/2004 at 09:30 AM in Harrisburg - Courtroom #3 before Honorable Sylvia H. Rambo.(ctm) (Entered: 09/23/2004)
09/21/200445 Disclosure Statement of Vector Systems, Inc. Required by Rule of Criminal Procedure 12.4 (kjn ) (Entered: 09/27/2004)
10/12/200446  MOTION for Hearing (Pretrial Conference) by USA as to Kevin D. Marlowe, Benjamin D.. Share, David M. Tynio, Frederick W. Marlowe, II, Vector Systems,Inc.,, Omnigraphics And Applications Design, Inc.. (Attachments: # 1 Certificate of Concurrence)(Brandler, Bruce) (Entered: 10/12/2004)
10/12/200447  MOTION order to show cause for failure to appear re 13 Summons Issued for arraignment on 09/21/04 by USA as to Omnigraphics And Applications Design, Inc.. (Attachments: # 1 Exhibit(s) # 2 Proposed Order)(Brandler, Bruce) (Entered: 10/12/2004)
10/12/200448  MOTION to Disqualify Counsel (and Brief) by USA as to Vector Systems,Inc.,, Benjamin D.. Share. (Attachments: # 1 Certificate of Non-concurrence# 2 Proposed Order)(Brandler, Bruce) (Entered: 10/12/2004)
10/13/200449 Summons Returned Executed on 9/16/2004 as to Omnigraphics And Applications Design, Inc. (ctm) (Entered: 10/14/2004)
10/13/200450 Summons Returned Executed on 9/16/04 as to Vector Systems, Inc.(ctm) (Entered: 10/14/2004)
10/15/200451 ORDER TO SHOW CAUSE as to Omnigraphics And Applications Design, Inc. Dft Omnigraphics and Applications Design Inc. as well as Benjamin Share and Joseph Minahan are directed to appear on 10/26/2004 @ 1:30 PM before Honorable Sylvia H. Rambo to show cause why Omnigraphics should not be held in contempt of court for failing to appear for the 9/21/04 arraignment.. Signed by Judge Sylvia H. Rambo on 10/15/04. (ma, ) (Entered: 10/15/2004)
10/19/200452 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)
10/22/200454 RESPONSE by dfts B. Share and Vector Systems to 48 MOTION to Disqualify Counsel. (pm, ) (Entered: 10/25/2004)
10/27/200456 ORDER as to Vector Systems,Inc., Omnigraphics And Applications Design, Inc., Benjamin D. Share: 1) The Rule to Show Cause 51 is dismissed against Omnigraphics andApplications Design, Inc., Benjamin D. Share and Joseph Minahan. The corporationshall, however, produce to the Gvt some documentation that Benjamin Sharecan act on behalf of the corporation or that the corporation does not exist. Saiddocumentation shall be supplied to the Gvt n/l/t 11/16/04.2) Joshua Lock, Esq, is entered as cnsl of record for BenjaminShare, Vector Systems, Inc. and Omnigraphics and Applications Design, Inc. and theClrk shall note this on each docket.3) Joseph Metz, Esq, is withdrawn as cnsl of record forBenjamin Share, Vector Systems, Inc. and Omnigraphics and Applications Design,Inc. and the Clrk shall note this on each docket.4) The mtn to disqualify Joseph Metz is deemed moot.. Signed by Judge Sylvia H. Rambo on 10/27/04. (ma, ) (Entered: 10/27/2004)
10/29/200458 SCHEDULING ORDER as to all dfts: Discovery due by 12/30/2004. J/S and Trial set for 4/18/2005 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)
11/19/200459 ORDER as to Omnigraphics And Applications Design, Inc., and Benjamin Share;1) Dft or Mr. Share shall show cause why it should not be held incontempt of the court's 10/27/04 order n/l/t 11/30/04.2) In the alternative, Dft or Mr. Share will be exempt from thecourt's show cause order if it produces the required materials to the Gvt by11/30/04. .. Signed by Judge Sylvia H. Rambo on 11/19/04. (ma, ) (Entered: 11/19/2004)
11/29/200460  MOTION for Extension of Time to File Response/Reply by Omnigraphics And Applications Design, Inc.. (Attachments: # 1 # 2)(Lock, Joshua) (Entered: 11/29/2004)
11/30/200461 ORDER-IT IS HEREBY ORDERED THAT mtn for extension of time to produce documentation regarding status of captioned dft corporation. IT IS HEREBY ORDERED that mtn is granted and Benjamin Share shall have up to and including 12/3/04 in which to produce documentation. 60 Signed by Judge Sylvia H. Rambo on 11/30/04. (pm, ) (Entered: 11/30/2004)
12/03/200463 ORDER as to Omnigraphics And Applications Design, Inc.:1) Cnsl for Benjamin D. Share, David M. Tynio, and JosephMinahan shall advise the crt by 12/13/04 about whether they haveresolved the issue of who will enter a plea on behalf of Omnigraphics andApplications Design, Inc.2) Failure to do so will result in a hrng re why Omnigraphicsshould not be held in contempt of crt for failing to demonstrate who is authorizedto enter a plea on its behalf.3) In the absence of a corporate resolution from the board of directorsauthorizing an officer of the corporation to enter a plea, the crt will accept a writtenstipulation of all the most recently designated officers authorizing any of the officersto enter a plea on behalf of Omnigraphics. . Signed by Judge Sylvia H. Rambo on 12/03/04. (ma, ) (Entered: 12/03/2004)
01/21/200565 Unopposed MOTION to Continue trial (for two weeks) by USA as to Kevin D. Marlowe, Benjamin D.. Share, David M. Tynio, Frederick W. Marlowe, II, Vector Systems,Inc.,, Omnigraphics And Applications Design, Inc.. (Attachments: # 1 Certificate of Concurrence# 2 Proposed Order)(Brandler, Bruce) (Entered: 01/21/2005)
01/24/200566 ORDER: 1. J/s and trial iscontinued from 4/18/02 to 05/02/05 in Crtrm No. 1,9th Flr. 2. The original Sched Order, as well as the Crt's 10/29/04 Order, remainin effect insofar as they do not conflict with this Order.3. EOJ time excluded.4. The Clrk shall exclude the appropriate time inthe captioned action pursuant to the Speedy Trial Act and thisOrder.. Signed by Judge Sylvia H. Rambo on 01/24/05. (ma, ) (Entered: 01/24/2005)
01/27/200567  MOTION to Withdraw as Attorney by Joshua D. Lock. by Omnigraphics And Applications Design, Inc.. (Attachments: # 1)(Lock, Joshua) (Entered: 01/27/2005)
01/27/200568 BRIEF IN SUPPORT by Omnigraphics And Applications Design, Inc. re 67 MOTION to Withdraw as Attorney by Joshua D. Lock. Brief in Opposition due by 2/14/2005 (Lock, Joshua) (Entered: 01/27/2005)
01/27/200569  MOTION to Withdraw as Attorney by Joshua D. Lock. by Omnigraphics And Applications Design, Inc.. (Lock, Joshua) (Entered: 01/27/2005)
02/02/200570 REPLY BRIEF by USA as to Omnigraphics And Applications Design, Inc. re 69 MOTION to Withdraw as Attorney by Joshua D. Lock. (Brandler, Bruce) (Entered: 02/02/2005)
02/03/200571 ORDER granting Mtn to Withdraw as Atty 69 . Joshua D. Lock withdrawn from case. as to Omnigraphics And Applications Design, Inc.. 2) N/l/t 2/14/05, Dft Omnigraphics andApplications Design, Inc. shall notify the crt of an atty who is authorized toenter an appearance on its behalf.3) If Dft fails to provide the crt w/this info,Dft will be deemed to have waived cnsl and will be expected to proceed totrial as a dft.4) The crt's Rule to Show Cause orders of 11/19/04 and12/3/04 shall be dismissed.. Signed by Judge Sylvia H. Rambo on 02/03/05. (ma, ) Order mailed certified and 1st class to each of the addresses in Harrisburg, PA and Carson City, NV (Entered: 02/03/2005)
04/19/200574 ORDER as to all dfts: J/S and Trial continued to 9/6/2005 beginning at 9:30 AM before Honorable Sylvia H. Rambo. EOJ time excluded. In light of the length of the trial, four alternate jurors will also beselected at j/s. But for 9/6/05, the daily start time will be 9:00 AM and will continue until 5:00 PM. See order for specifics.. Signed by Judge Sylvia H. Rambo on 04/19/05. (ma, ) (Entered: 04/19/2005)
07/29/200576 ORDER as to all dfts: thetrial sched for the following days are changed as noted:September 15, 2005 9:30 a.m. starting timeSeptember 19, 2005 No trial (district employee conference)September 21, 2005 No trial (3d Cir. committee meeting)September 30, 2005 No trial (Board of Judges Meeting)The dates of October 3, 4, and 5 have been reserved if additional days are needed forcompletion of trial.. Signed by Judge Sylvia H. Rambo on 07/29/05. (ma, ) (Entered: 07/29/2005)
09/01/200578 Proposed Voir Dire by USA as to Kevin D. Marlowe, Benjamin D.. Share, David M. Tynio, Frederick W. Marlowe, II, Vector Systems,Inc.,, Omnigraphics And Applications Design, Inc. (Brandler, Bruce) (Entered: 09/01/2005)
09/01/200579 Proposed Voir Dire by Kevin D. Marlowe, Benjamin D.. Share, David M. Tynio, Vector Systems,Inc., (Lock, Joshua) (Entered: 09/01/2005)
09/01/200580 LETTER from court re. the gvt's objs to the dfts' proposed voir dire.. Signed by Judge Sylvia H. Rambo on 09/01/05. (ma, ) (Entered: 09/01/2005)
09/02/200581 NOTICE OF ATTORNEY APPEARANCE Joseph J. Terz appearing for USA. in addition to Bruce Brandler (Terz, Joseph) (Entered: 09/02/2005)
09/06/200582 Proposed Jury Instructions by USA as to Kevin D. Marlowe, Benjamin D.. Share, David M. Tynio, Frederick W. Marlowe, II, Vector Systems,Inc.,, Omnigraphics And Applications Design, Inc. (Brandler, Bruce) (Entered: 09/06/2005)
09/06/200584 Jury List as to Kevin D. Marlowe, Benjamin D.. Share, David M. Tynio, Frederick W. Marlowe, II, Vector Systems,Inc.,, Omnigraphics And Applications Design, Inc. (ma, ) (Entered: 09/07/2005)
09/13/200593 PLEA AGREEMENT as to Vector Systems,Inc., (Brandler, Bruce) (Entered: 09/13/2005)
09/13/200598 Resolution of the Board of Directors of Vector Systems, Inc. (ma, ) (Entered: 09/14/2005)
09/13/2005105  MOTION to Withdraw Plea of Not Guilty by Vector Systems,Inc.,. (ma, ) (Entered: 09/14/2005)
09/13/2005106 ORDER granting Mtn to Withdraw Plea of NG as to Vector Systems,Inc., 105 ; Benjamin Share w/cnsl prsnt enters GP to cnt 1 of the indict on/b/o Vector Systems. . Signed by Judge Sylvia H. Rambo on 09/13/05. (ma, ) (Entered: 09/14/2005)
09/13/2005107 ORDER prmntng the revocation of the NG plea, accepting the GP to cnt 1 of the indict and directing entry of jgmnt on the plea as to Vector Systems,Inc., . Signed by Judge Sylvia H. Rambo on 09/13/05. (ma, ) (Entered: 09/14/2005)
01/31/2006127 ORDER as to Kevin D. Marlowe, Benjamin D.. Share, Vector Systems,Inc.,: Oral Argument re. obj's to the PSR set for 2/9/2006 @ 10:00 AM before Honorable Sylvia H. Rambo. . Signed by Judge Sylvia H. Rambo on 01/31/06. (ma, ) (Entered: 01/31/2006)
02/07/2006129 RESPONSE by USA. to Defendants' Objections to PSR (Loss Issue); Hard copy of Exhibits Vol. II & III to be filed with the Clerk (Attachments: # 1 Exhibit(s) Volume I)(Brandler, Bruce) (Entered: 02/07/2006)
02/08/2006130 NOTICE OF HEARING as to Kevin D. Marlowe, Benjamin D.. Share, Vector Systems,Inc., Oral Argument rescheduled for 2/13/2006 @ 1:30 PM before Honorable Sylvia H. Rambo. (ma, ) (Entered: 02/08/2006)
02/08/2006131 EXHIBIT(S) VOLUMES II AND III TO GOVERNMENT'S RESPONSE TO DEFENDANT'S OBJECTIONS TO THE PSR WITH RESPECT TO LOSS ISSUE by USA as to dfts Kevin D. Marlowe, Benjamin D. Share, Vector Systems,Inc. re 129 Response filed by USA. (kjn) (Entered: 02/10/2006)
02/14/2006136 EXHIBIT(S) by USA as to Kevin D. Marlowe, Benjamin D.. Share, Vector Systems,Inc., re 129 Response filed by USA, (Brandler, Bruce) (Entered: 02/14/2006)
02/14/2006137 SUPPLEMENTAL EXHIBIT(S) TO GOVERNMENT'S RESPONSE TO DEFENDAT'S OBJECTIONS TO THE PSR WITH RESPECT TO THE LOSS ISSUE - VOLUMES I AND II in case as to dfts Kevin D. Marlowe, Benjamin D.. Share, Vector Systems,Inc. (Documents too voluminouse to scan, placed on HBG OSF) (kjn ) (Entered: 02/15/2006)
03/06/2006140 NOTICE as to Vector Systems,Inc.: Sentencing set for 3/28/2006 @ :00 AM before Honorable Sylvia H. Rambo. (ma, ) Additional attachment(s) added on 3/6/2006 (ma, ). (Entered: 03/06/2006)
03/28/2006154  MOTION to Dismiss indictment by USA as to Omnigraphics And Applications Design, Inc.. (ma, ) (Entered: 03/30/2006)
03/28/2006155 ORDER granting Motion to Dismiss 154 as to Omnigraphics And Applications Design, Inc. . Signed by Judge Sylvia H. Rambo on 03/28/06. (ma, ) (Entered: 03/30/2006)
04/03/2006156 JUDGMENT as to Vector Systems,Inc. on cnt-1 of the indictment, Fine $1.00; Special Assessment $400.00; Count(s) 16-29, 30-39, Dismissed . Signed by Judge Sylvia H. Rambo on 03/30/06. (ma, ) (Entered: 04/03/2006)
06/19/2009175 STENO NOTES/TAPE OF PROCEEDINGS - re Omnigraphics And Applications Design, Inc. filed by Wendy Yinger of Rule to Show Cause before Judge Rambo on 10/26/04. (Court Reporter Notes/Tapes are not viewable pdf documents). (am, ) (Entered: 06/19/2009)
06/22/2009176 STENO NOTES/CD OF PROCEEDINGS - re Kevin D. Marlowe, Benjamin D.. Share, David M. Tynio, Frederick W. Marlowe, II, Vector Systems,Inc.,, Omnigraphics And Applications Design, Inc. filed by Wendy Yinger of Jury Trial before Judge Rambo on 9/6/05. (Court Reporter Notes/Tapes are not viewable pdf documents). (am) (Entered: 06/22/2009)
06/22/2009177 STENO NOTES/CD OF PROCEEDINGS - re Kevin D. Marlowe, Benjamin D.. Share, David M. Tynio, Frederick W. Marlowe, II, Vector Systems,Inc.,, Omnigraphics And Applications Design, Inc. filed by Wendy Yinger of Jury Trial before Judge Rambo on 9/7/05. (Court Reporter Notes/Tapes are not viewable pdf documents). (am, ) (Entered: 06/22/2009)
06/22/2009178 STENO NOTES/CD OF PROCEEDINGS - re Kevin D. Marlowe, Benjamin D.. Share, David M. Tynio, Frederick W. Marlowe, II, Vector Systems,Inc.,, Omnigraphics And Applications Design, Inc. filed by Wendy Yinger of Jury Trial before Judge Rambo on 9/8/05. (Court Reporter Notes/Tapes are not viewable pdf documents). (am, ) (Entered: 06/22/2009)
06/22/2009179 STENO NOTES/CD OF PROCEEDINGS - re Kevin D. Marlowe, Benjamin D.. Share, David M. Tynio, Frederick W. Marlowe, II, Vector Systems,Inc.,, Omnigraphics And Applications Design, Inc. filed by Wendy Yinger of Jury Trial before Judge Rambo on 9/9/05. (Court Reporter Notes/Tapes are not viewable pdf documents). (am, ) (Entered: 06/22/2009)
06/22/2009180 STENO NOTES/CD OF PROCEEDINGS - re Kevin D. Marlowe, Benjamin D.. Share, David M. Tynio, Frederick W. Marlowe, II, Vector Systems,Inc.,, Omnigraphics And Applications Design, Inc. filed by Wendy Yinger of Jury Trial before Judge Rambo on 9/12/09. (Court Reporter Notes/Tapes are not viewable pdf documents). (am, ) (Entered: 06/22/2009)