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U.S.

District Court Middle District of Florida (Ocala) CRIMINAL DOCKET FOR CASE #: 5:13-cr-00026-PRL All Defendants

Case title: USA v. Harter Assigned to: Magistrate Judge Philip R. Lammens Defendant (1) Thomas W. Harter

Date Filed: 04/15/2013

represented by Thomas W. Harter 5925 SW 88th Pl Ocala, FL 34478 352/209-2772 PRO SE Mark Schleben Law Office of Mark Schleben, PA 1423 S Ft Harrison Ave Clearwater, FL 33756 727/443-3600 Fax: 727/446-7593 Email: mooselaw@msn.com TERMINATED: 10/17/2013 Designation: Retained

Pending Counts 26:7203C.M WILLFUL FAILURE TO FILE RETURN, SUPPLY INFORMATION (willfully fail to make an income tax return for the tax years 2006, 2007, 2008, 2009, 2010, and 2011) (1-6)

Disposition

Dismissed upon motion of government.

26:7203C.M WILLFUL FAILURE TO FILE RETURN, SUPPLY INFORMATION (willfully fail to make an income tax return for the tax years 2006, 2007, 2008, 2009, 2010, and 2011) (1s-6s)

Imprisonment for a term of twelve (12) months on each of Counts 1s, 2s and 3s to run consecutively and also to a term of twelve (12) months on each of Counts 4s, 5s and 6s to run concurrently to Counts 1s, 2s and 3s, for a total term of thirty-six (36) months. Supervised Release: One (1) year as to Counts 1s through 6s, all such terms to run concurrently. Fine: Waived. Special Assessment: $25.00 as to each count for a total of $150.00 due immediately. Restitution: $438,384.00 due immediately
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for distribution to the Internal Revenue Service. Highest Offense Level (Opening) Misdemeanor Terminated Counts None Highest Offense Level (Terminated) None Complaints None Disposition Disposition

Plaintiff USA represented by Robert Edward Bodnar , Jr. US Attorney's Office - FLM Suite 300 35 SE 1st Ave Ocala, FL 34471 352/547-3600 Fax: 352/547-3623 Email: robert.bodnar@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel D. Armstrong US Attorney's Office - FLM Suite 300 35 SE 1st Avenue Ocala, FL 34471 352/547-3600 Fax: 352/547-3623 Email: sam.armstrong@usdoj.gov TERMINATED: 12/10/2013 Date Filed 04/15/2013 04/16/2013 # 1 3 Docket Text INFORMATION as to Thomas W. Harter (1), counts 1-6. (MJT) (Entered: 04/15/2013) SUPERSEDING INFORMATION as to Thomas W. Harter (1), counts 1s-6s. (MJT) Modified on 4/16/2013 (MJT). (Entered: 04/16/2013)
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04/16/2013

NOTICE OF HEARING as to Thomas W. Harter. Initial Appearance and Arraignment set for 4/22/2013 at 2:00 PM in Ocala Courtroom 1A before Magistrate Judge Philip R. Lammens. Defendant shall appear via counsel. (DFD) (Entered: 04/16/2013) NOTICE OF ATTORNEY APPEARANCE: Mark Schleben appearing for Thomas W. Harter (Schleben, Mark) (Entered: 04/18/2013) Arrest (self-surrender) of Thomas W. Harter on 4/22/2013. (DFD) (Entered: 04/22/2013)

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Minute Entry for proceedings held before Magistrate Judge Philip R. Lammens: INITIAL APPEARANCE AND ARRAIGNMENT as to Thomas W. Harter (1) held on 4/22/2013. Defendant pled not guilty to Counts One through Six of the Superseding Information. (DIGITAL) (DFD) (Entered: 04/22/2013) CRIMINAL SCHEDULING ORDER as to Thomas W. Harter. Status Conference set for 6/18/2013 at 9:00 AM in Orlando Courtroom 6A before Chief Judge Anne C. Conway. Jury Trial set for term commencing 7/1/2013 at 9:00 AM in Orlando Courtroom 6A before Chief Judge Anne C. Conway. Signed by Magistrate Judge Philip R. Lammens on 4/22/2013. (DFD) (Entered: 04/22/2013) ARREST Warrant Returned Executed on 04/22/13. as to Thomas W. Harter. (MJT) (Entered: 04/22/2013) UNSECURED BOND entered as to Thomas W. Harter in the amount of $20,000.00. Signed by Magistrate Judge Philip R. Lammens on 4/22/2013. (DFD) (Entered: 04/22/2013) ORDER Setting Conditions of Release. Signed by Magistrate Judge Philip R. Lammens on 4/22/2013. (DFD) (Entered: 04/22/2013) Receipt for Surrender of Passport as to Thomas W. Harter: Passport Number 017544052 issued by USA. (DFD) (Entered: 04/25/2013) NOTICE of Filing Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case by Thomas W. Harter (Attachments: # 1 Main Document)(Schleben, Mark) (Entered: 05/01/2013) NOTICE OF HEARING as to Thomas W. Harter. Status Conference set for 5/13/2013 at 10:00 AM in Ocala Courtroom 1A before Magistrate Judge Philip R. Lammens Defendant, who is on bond, is required to be present. (DFD) (Entered: 05/07/2013) Minute Entry for proceedings held before Magistrate Judge Philip R. Lammens: STATUS CONFERENCE as to Thomas W. Harter held on 5/13/2013. (DIGITAL) (DFD) (Entered: 05/13/2013) CONSENT to proceed before a Magistrate Judge in a misdemeanor case by Thomas W. Harter. Approved by Magistrate Judge Philip R. Lammens on 5/13/2013. (DFD) (Entered: 05/13/2013) ORDER as to Thomas W. Harter. Signed by Magistrate Judge Philip R. Lammens on 5/13/2013. (DFD) (Entered: 05/13/2013)

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Case as to Thomas W. Harter Reassigned to Magistrate Judge Philip R. Lammens. New case number: 5:13-cr-26-Oc-PRL. Chief Judge Anne C. Conway no longer assigned to the case. (MJT) (Entered: 05/14/2013) NOTICE canceling status hearing scheduled for 6/18/13 as to Thomas W. Harter. (SR) (Entered: 05/15/2013) MOTION to continue trial and Waiver of Right to a Speedy Trial by Thomas W. Harter. (Schleben, Mark) (Entered: 05/15/2013) ORDER granting 19 Motion for continuance of trial as to Thomas W. Harter (1). Jury Trial set to commence 9/16/2013 at 9:30 AM in Ocala Courtroom 1A before Magistrate Judge Philip R. Lammens. Status Conference set for 9/5/2013 at 10:00 AM in Ocala Courtroom 1A before Magistrate Judge Philip R. Lammens. Defendant does not need to be presentat the Status Conference. Signed by Magistrate Judge Philip R. Lammens on 5/16/2013. (DFD) (Entered: 05/16/2013) MOTION to Modify Conditions of Release to Travel Outside of Middle District of Florida by Thomas W. Harter. (Schleben, Mark) (Entered: 05/31/2013) ORDER granting in part 21 Motion to Modify Order Setting Conditions of Pretrial Release to Allow Travel Outside the Middle District of Florida as to Thomas W. Harter (1). SEE ORDER FOR DETAILS. Signed by Magistrate Judge Philip R. Lammens on 5/31/2013. (DFD) (Entered: 05/31/2013) MOTION to Travel Outside Middle District of Florida to Visit Family by Thomas W. Harter. (Schleben, Mark) (Entered: 06/19/2013) ENDORSED ORDER granting 23 Motion to travel outside the Middle District of Florida to visit family as to Thomas W. Harter (1). Signed by Magistrate Judge Philip R. Lammens on 6/20/2013. (DFD) (Entered: 06/20/2013) MOTION for Leave to File and Be Heard on Motion to Suppress Evidence Derived from Immunized Testimony and Motion in Limine #1 with request for pretrial or voir dire hearingoutside of the presence of the jury and supporting memorandum of law by Thomas W. Harter. (Schleben, Mark) (Entered: 07/03/2013) MOTION in Limine #2 TO Exclude Evidence of Other Alleged Bad Acts or Conduct with Request for a Pretrial and/or Voi Dire Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law by Thomas W. Harter. (Schleben, Mark) (Entered: 07/03/2013) MOTION in Limine #1 Kastigar with Request for a Pretrial and/or Voir Dire Hearing OUtside of the Presence of the Jury and and Supporting Memorandum of Law, MOTION to Suppress Evidence Derived from Immunized Testimony - Part 1 by Thomas W. Harter. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Schleben, Mark) (Docket clerk contacted the attorney's office regarding refiling of motion as one pleading.) Modified on 7/8/2013 (MJT). (Entered: 07/05/2013) MOTION in Limine #1 Kastigar with Request for a PRe-Trial and/orVoir Dire Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law, MOTION to Suppress Evidence Derived from Immunized Testimony by Thomas W. Harter. (Attachments: # 1 Exhibit Exhibit C - Part 1 of 3)(Schleben, Mark) (Docket
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clerk contacted the attorney's office regarding refiling of motion as one pleading.) Modified on 7/8/2013 (MJT). (Entered: 07/05/2013) 07/05/2013 29 MOTION in Limine #1 Kastigar with Request for a PreTrial and/or Voir Dire Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law, MOTION to Suppress Evidence Derived from Immunized Testimony by Thomas W. Harter. (Attachments: # 1 Exhibit EXHIBIT D)(Schleben, Mark) (Docket clerk contacted the attorney's office regarding refiling of motion as one pleading.) Modified on 7/8/2013 (MJT). (Entered: 07/05/2013) MOTION in Limine #1 (Kastigar) with Request for a Pre-Trial and/or Voir Dire Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law by Thomas W. Harter. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Schleben, Mark) (Entered: 07/08/2013) MOTION in Limine #1 Kastigar with Request for a Pre-Trial and/or Voir Dire Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law by Thomas W. Harter. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Schleben, Mark) (Entered: 07/08/2013) NOTICE OF HEARING ON MOTIONS in case as to Thomas W. Harter: 26 Motion in Limine #2 TO Exclude Evidence of Other Alleged Bad Acts or Conduct with Request for a Pretrial and/or Voir Dire Hearing Outside of the Presence of the Jury, 25 Motion for Leave to File and Be Heard on Motion to Suppress Evidence Derived from Immunized Testimony and Motion in Limine #1 with request for pretrial or voir dire hearing outside of the presence of the jury, and 31 Motion in Limine #1 Kastigar with Request for a Pre-Trial and/or Voir Dire Hearing Outside of the Presence of the Jury. Motions Hearing set for 8/6/2013 at 2:30 PM in Ocala Courtroom 1A before Magistrate Judge Philip R. Lammens. Defendant, who is on bond, is required to be present. (DFD) (Entered: 07/22/2013) Unopposed MOTION to extend time to file the government's memorandum in opposition to the defendant's motions in limine (Doc. 31 and Doc. 26), by USA as to Thomas W. Harter. (Armstrong, Samuel) (Entered: 07/22/2013) ENDORSED ORDER granting 33 Unopposed Motion for extension of time for United States to file its memorandum in opposition to plaintiff's motion in limine as to Thomas W. Harter (1). Signed by Magistrate Judge Philip R. Lammens on 7/23/2013. (DFD) (Entered: 07/23/2013) ENDORSED ORDER granting 25 Motion for Leave to File as to Thomas W. Harter: The motions in limine 26 and 31 will stand as filed. The Court has already set by separate notice both motions in limine for a hearing on August 6, 2013. Signed by Magistrate Judge Philip R. Lammens on 7/23/2013. (AR) (Entered: 07/23/2013) MOTION in Limine #3 to Exclude the Prosecution's Exhibits with Request for a PreTrial and/or Voir Dire Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law by Thomas W. Harter. (Attachments: # 1 Exhibit Exhibit A)(Schleben, Mark) (Entered: 07/25/2013) MEMORANDUM in opposition by USA as to Thomas W. Harter re 31 MOTION in Limine #1 Kastigar with Request for a Pre-Trial and/or Voir Dire Hearing Outside of
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the Presence of the Jury and Supporting Memorandum of Law (Armstrong, Samuel) (Entered: 07/29/2013) 07/30/2013 38 MOTION to allow electronic equipment, specifically Access Devices, Cellphones, Laptops, Tablets and Wifi in the Courtroom and its Environs with Supporting Memorandum of Law by Thomas W. Harter. (Attachments: # 1 Exhibit Exhibit A)(Schleben, Mark) (Entered: 07/30/2013) Unopposed MOTION for Extension of Time of one day for filing the government's memorandum in opposition to the Defendant's Motion in Limine #2, by USA as to Thomas W. Harter. (Armstrong, Samuel) (Entered: 07/30/2013) MEMORANDUM in opposition by USA as to Thomas W. Harter re 26 MOTION in Limine #2 TO Exclude Evidence of Other Alleged Bad Acts or Conduct with Request for a Pretrial and/or Voi Dire Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law (Armstrong, Samuel) (Entered: 07/30/2013) ENDORSED ORDER granting 39 Motion for Extension of Time to File Response/Reply as to Thomas W. Harter (1). Signed by Magistrate Judge Philip R. Lammens on 7/31/2013. (Lammens, Philip) (Entered: 07/31/2013) ORDER granting 38 motion to allow electronic equipment as to Thomas W. Harter (1). Signed by Magistrate Judge Philip R. Lammens on 7/31/2013. (JWM) (Entered: 07/31/2013) Unopposed MOTION for Leave to File Reply to 37 MEMORANDUM in opposition re 31 MOTION in Limine #1 Kastigar with Request for a Pre-Trial and/or Voir Dire Hearing Outside of the Presence of the Jury by Thomas W. Harter. (Schleben, Mark) Modified on 8/1/2013 (MJT). (Entered: 07/31/2013) ORDER granting 43 Motion for Leave to File Reply as to Thomas W. Harter. Defendant shall have until August 5, 2013 to file his Reply, not to exceed 10 pages. Signed by Magistrate Judge Philip R. Lammens on 8/1/2013. (JWM) (Entered: 08/01/2013) REPLY TO RESPONSE to Motion re 31 MOTION in Limine #1 Kastigar with Request for a Pre-Trial and/or Voir Dire Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law by Thomas W. Harter. (Schleben, Mark) Modified on 8/5/2013 (MJT). (Entered: 08/02/2013) MOTION for miscellaneous relief, specifically for Direct Attorney Participation in Voir Dire of The Jury and for Individualized Sequestered Inquiry with Supporting Memorandum of Law by Thomas W. Harter. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Schleben, Mark) ***PDF not legible. Counsel notified to refile.*** Modified on 8/5/2013 (MJT). (Entered: 08/05/2013) MOTION for miscellaneous relief, specifically Motion for Direct Attorney Participation in Voir Dire of the Jury for Individualized Sequestered Inquiry with Supporting Memorandum of Law by Thomas W. Harter. (Schleben, Mark) (Entered: 08/05/2013) MOTION for miscellaneous relief, specifically Motion for Direct Attorney Participation in Voir Dire of the Jury for Individualized Sequestered Inquiry with
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Supporting Memorandum of Law by Thomas W. Harter. (Attachments: # 1 Exhibit A Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit B) (*** 47 MOTION REFILED to include exhibits.***)(MJT) (Entered: 08/06/2013) 08/06/2013 49 Minute Entry for proceedings held before Magistrate Judge Philip R. Lammens: Pending Motions Hearing as to Thomas W. Harter held on 8/6/2013 re 26 Motion in Limine #2 TO Exclude Evidence of Other Alleged Bad Acts or Conduct with Request for a Pretrial and/or Voir Dire Hearing Outside of the Presence of the Jury filed by Thomas W. Harter, 36 Motion in Limine #3 to Exclude the Prosecution's Exhibits with Request for a Pre-Trial and/or Voir Dire Hearing Outside of the Presence of the Jury filed by Thomas W. Harter, 47 Motion for Direct Attorney Participation in Voir Dire of the Jury for Individualized Sequestered Inquiry filed by Thomas W. Harter, and 31 Motion in Limine #1 Kastigar with Request for a Pre-Trial and/or Voir Dire Hearing Outside of the Presence of the Jury filed by Thomas W. Harter. Court Reporter: Dennis Miracle (DFD) (Entered: 08/06/2013) ORDER denying Defendant's Motion (Doc. 31) in Limine #1 Kastigar with Request for a Pre-Trial and/or Voir Dire Hearing Outside of the Presence of the Jury; denying Defendant's Motion (Doc. 48) for Direct Attorney Participation in Voir Dire of the Jury and for Individualized Sequestered Inquiry; ruling deferred as to Defendant's Motion (Doc. 26) in Limine #2 to Exclude Evidence of Other Alleged Bad Acts or Conduct; and ruling deferred as to Defendant's Motion (Doc. 36) in Limine #3 to Exclude the Prosecution's Exhibits.Signed by Magistrate Judge Philip R. Lammens on 8/7/2013. (JWM) (Entered: 08/07/2013) TRANSCRIPT of Pending Motions Hearing as to Thomas W. Harter held on 8/6/13 before Judge Philip R. Lammens. Court Reporter/Transcriber Dennis Miracle, Telephone number 352/342-0414. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/4/2013, Redacted Transcript Deadline set for 9/16/2013, Release of Transcript Restriction set for 11/12/2013. (LMF) (Entered: 08/14/2013) NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal as to Thomas W. Harter. Court Reporter: Dennis Miracle (LMF) (Entered: 08/14/2013) Minute Entry for proceedings held before Magistrate Judge Philip R. Lammens: STATUS CONFERENCE as to Thomas W. Harter held on 9/5/2013. Court Reporter: Dennis Miracle (DFD) (Entered: 09/05/2013) WITNESS LIST by Thomas W. Harter (Schleben, Mark) (Entered: 09/06/2013) WITNESS LIST by USA as to Thomas W. Harter (Armstrong, Samuel) (Entered: 09/06/2013)

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Proposed Jury Instructions by USA as to Thomas W. Harter (Armstrong, Samuel) (Entered: 09/09/2013) PROPOSED Voir Dire by USA as to Thomas W. Harter (Armstrong, Samuel) (Entered: 09/09/2013) PROPOSED verdict form filed by USA as to Thomas W. Harter (Armstrong, Samuel) (Entered: 09/09/2013) MOTION in Limine by USA as to Thomas W. Harter. (Armstrong, Samuel) (Entered: 09/09/2013) Proposed Jury Instructions #2 by Thomas W. Harter (Schleben, Mark) Modified on 9/11/2013 (MJT). (Entered: 09/10/2013) Proposed Jury Instructions #1 & #3 by Thomas W. Harter (Schleben, Mark) Modified on 9/11/2013 (MJT). (Entered: 09/10/2013) PROPOSED Voir Dire, Proposed Jury Instructions, Proposed Verdict form and Objections to Government's Proposed Documents by Thomas W. Harter (Schleben, Mark) Modified on 9/11/2013 (MJT). (Entered: 09/10/2013) TRIAL BRIEF regarding admissions by party-opponent by Thomas W. Harter (Schleben, Mark) Modified on 9/11/2013 (MJT). (Entered: 09/10/2013) TRIAL BRIEF regarding the rule of completeness and federal rules of evidence 106 and 611(a) by Thomas W. Harter (Schleben, Mark) Modified on 9/11/2013 (MJT). (Entered: 09/10/2013) MOTION in Limine #4 to Preclude the Prosecution from Commenting on Defendants Assertion of Fifth Amendment Rights with request for a pretrial and/or voir dire hearing outside of the presence of the jury and supporting memorandum of law by Thomas W. Harter. (Schleben, Mark) (Entered: 09/10/2013) MOTION in Limine #5 to Admit Evidence Regarding Defendants Lack of Criminal Intent and the Governments Statements and Representations Contained in Official Publications with Supporting Memorandum of Law by Thomas W. Harter. (Schleben, Mark) (Entered: 09/10/2013) MOTION in Limine #6 To Exclude Witnesses from the Courtroom and Prohibit Witnessess exposure to the Transcripts of Other Witnesses Testimony Pursuant to Federal Rule of Evidence 615) With Supporting Memorandum of Law by Thomas W. Harter. (Schleben, Mark) (Entered: 09/10/2013) Unopposed MOTION for Extension of Time of one day to file memorandum on certain evidentiary matters that may arise at trial, by USA as to Thomas W. Harter. (Armstrong, Samuel) (Entered: 09/10/2013) NOTICE of filing Government's Memorandum on Certain Evidentiary Matters that May Arise at Trial, by USA as to Thomas W. Harter (Armstrong, Samuel) (Entered: 09/10/2013) Unopposed MOTION for Extension of Time to File Proposed Voir Dire Questions, Proposed Jury Instructions, Proposed Verdict Form, Objections to the Government's
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Filed Documents (The Government's Proposed Voir Dire Questions, Jury Instructions, and Verdict Form) and Motions in Limine #s 4, 5 and 6 by Thomas W. Harter. (Schleben, Mark) (Entered: 09/11/2013) 09/12/2013 71 ENDORSED ORDER granting (Doc. 68) Motion for Extension of Time to File Response/Reply as to Thomas W. Harter. Signed by Magistrate Judge Philip R. Lammens on 9/12/2013. (JWM) (Entered: 09/12/2013) ENDORSED ORDER granting (Doc. 70) Motion for Extension of Time to File Response/Reply as to Thomas W. Harter. Signed by Magistrate Judge Philip R. Lammens on 9/12/2013. (JWM) (Entered: 09/12/2013) MEMORANDUM in opposition by Thomas W. Harter re 59 MOTION in Limine to Exclude Certain Exhibits and Limit Certain Testimony (Schleben, Mark) (Entered: 09/13/2013) MOTION in Limine to permit Revenue Officer to use pseudonym in this case, including at trial by USA as to Thomas W. Harter. (Armstrong, Samuel) Modified on 9/16/2013 (MJT). (Entered: 09/13/2013) MOTION in Limine #1 (Kastigar) with Request for a Voir Dire Kastigar Hearing and Supplemental Motion for Jackson Denno Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law by Thomas W. Harter. (Schleben, Mark) (Entered: 09/13/2013) MOTION for miscellaneous relief, specifically for the Court to exempt Revenue Agent Kerkado from sequestration and permit her to be in present in courtroom during trial, by USA as to Thomas W. Harter. (Armstrong, Samuel) (Entered: 09/16/2013) Minute Entry for proceedings held before Magistrate Judge Philip R. Lammens: MOTIONS HEARING as to Thomas W. Harter held on 9/16/2013 re 26 Motion in Limine #2 TO Exclude Evidence of Other Alleged Bad Acts or Conduct with Request for a Pretrial and/or Voi Dire Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law filed by Thomas W. Harter, 65 Motion in Limine #4 to Preclude the Prosecution from Commenting on Defendants Assertion of Fifth Amendment Rights with request for a pretrial and/or voir dire hearing outside of the presence of the jury and supporting memorandum of law filed by Thomas W. Harter, 36 Motion in Limine #3 to Exclude the Prosecution's Exhibits with Request for a PreTrial and/or Voir Dire Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law filed by Thomas W. Harter, 59 Motion in Limine filed by USA, 67 Motion in Limine #6 To Exclude Witnesses from the Courtroom and Prohibit Witnessess exposure to the Transcripts of Other Witnesses Testimony Pursuant to Federal Rule of Evidence 615) With Supporting Memorandum of Law filed by Thomas W. Harter, 66 Motion in Limine #5 to Admit Evidence Regarding Defendants Lack of Criminal Intent and the Governments Statements and Representations Contained in Official Publications with Supporting Memorandum of Law filed by Thomas W. Harter, 74 Motion in Limine to permit Revenue Officer to use pseudonym in this case, including at trial filed by USA, and 75 Motion in Limine #1 (Kastigar) with Request for a Voir Dire Kastigar Hearing and Supplemental Motion for Jackson Denno Hearing Outside of the Presence of the Jury and Supporting Memorandum of Law filed by Thomas W. Harter. Court Reporter: Dennis Miracle (DFD) (Entered: 09/17/2013)
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Minute Entry for proceedings held before Magistrate Judge Philip R. Lammens: JURY SELECTION AND JURY TRIAL (DAY ONE) as to Thomas W. Harter held on 9/16/2013. Court Reporter: Dennis Miracle (DFD) (Entered: 09/17/2013) Minute Entry for proceedings held before Magistrate Judge Philip R. Lammens: JURY TRIAL completed on 9/17/2013 as to Thomas W. Harter. Court Reporter: Dennis Miracle (DFD) (Entered: 09/18/2013) JURY VERDICT as to Thomas W. Harter (1): Guilty on Count 1 through 6 of the Superseding Information. (DFD) (Entered: 09/18/2013) COURT'S JURY INSTRUCTIONS as to Thomas W. Harter. (DFD) (Entered: 09/18/2013) EXHIBIT LIST by USA as to Thomas W. Harter. (DFD) (Entered: 09/18/2013) EXHIBIT LIST by Thomas W. Harter. (DFD) (Entered: 09/18/2013) NOTICE OF HEARING as to Thomas W. Harter. Sentencing set for 12/10/2013 at 2:00 PM in Ocala Courtroom 1A before Magistrate Judge Philip R. Lammens. Defendant, who is on bond, is required to be present. (DFD) (Entered: 09/18/2013) Renewed MOTION for New Trial, Motion for Judgment of Acquital, Motion to Arrest Judgment, and Renewed Motion for a Kastigar or Jackson-Denno Hearing with Supporting Memorandum of Law by Thomas W. Harter. (Schleben, Mark) Modified on 10/1/2013 (MJT). (Entered: 09/30/2013) MOTION to Withdraw as Attorney and Supporting Memorandum of Law by Mark Schleben. by Thomas W. Harter. (Schleben, Mark) (Entered: 10/03/2013) NOTICE OF HEARING ON MOTION in case as to Thomas W. Harter: 86 Motion to Withdraw as Attorney and Supporting Memorandum of Law by Mark Schleben. Hearing set for 10/17/2013 at 3:00 PM in Ocala Courtroom 1A before Magistrate Judge Philip R. Lammens. Defendant, who is on bond, is required to be present. (DFD) (Entered: 10/07/2013) Temporary/Conditional MOTION to Withdraw 85 Renewed MOTION for New Trial, Motion for Judgment of Acquital, Motion to Arrest Judgment, and Renewed Motion for a Kastigar or Jackson-Denno Hearing by Thomas W. Harter. (MJT) (Entered: 10/10/2013) MOTION for miscellaneous relief, specifically jurisdictional challenge; rejection to alleged conviction; official misconduct charge; and demand in the name of justice by Thomas W. Harter. (MJT) (Entered: 10/10/2013) STATEMENT for the Record by Thomas W. Harter (MJT) (Entered: 10/17/2013) Minute Entry for proceedings held before Magistrate Judge Philip R. Lammens: Hearing on pending motions held on 10/17/2013 as to Thomas W. Harter. Order to enter. (DIGITAL) (MAM) (Entered: 10/17/2013) ORDER denying 85 Motion for New Trial as to Thomas W. Harter; granting 86 Motion to Withdraw as Attorney. Mark Schleben withdrawn from case, as to Thomas W. Harter; denying 88 Motion to Withdraw Document as to Thomas W. Harter; denying
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89 Motion as to Thomas W. Harter. Signed by Magistrate Judge Philip R. Lammens on 10/17/2013. (JWM) (Entered: 10/17/2013) 10/21/2013 93 TRANSCRIPT of Trial Proceedings as to Thomas W. Harter held on 9/16/13 before Judge Philp R. Lammens. Court Reporter/Transcriber Dennis Miracle, Telephone number 352/342-0414. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 11/12/2013, Redacted Transcript Deadline set for 11/21/2013, Release of Transcript Restriction set for 1/21/2014. (LMF) (Entered: 10/21/2013) TRANSCRIPT of Trail Proceedings as to Thomas W. Harter held on 9/17/13 before Judge Philip R. Lammens. Court Reporter/Transcriber Dennis Miracle, Telephone number 352/342/0414. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 11/12/2013, Redacted Transcript Deadline set for 11/21/2013, Release of Transcript Restriction set for 1/21/2014. (LMF) (Entered: 10/21/2013) NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal as to Thomas W. Harter. Court Reporter: Dennis Miracle (LMF) (Entered: 10/21/2013) TRANSCRIPT of Digitally-Recorded hearing on pending motions as to Thomas W. Harter held on 10/17/13 before Judge Philip R. Lammens. Court Reporter/Transcriber Dennis Miracle, Telephone number 352/342-0414. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 11/22/2013, Redacted Transcript Deadline set for 12/2/2013, Release of Transcript Restriction set for 1/30/2014. (LMF) (Entered: 11/01/2013) NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal as to Thomas W. Harter. Court Reporter: Dennis Miracle. (LMF) (Entered: 11/01/2013) MOTION for miscellaneous relief, specifically reinstate jurisdictional challenge and collateral attack on judgment (Doc. 89 ); rejection to 92 ORDER and presentence investigation report by Thomas W. Harter. (MJT) (Entered: 11/14/2013)

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OBJECTION, titled as: Notice of Harter's Prsentment of "Position of the Parties with respect to the Sentencing Factors" to United States Probation Officer by Thomas W. Harter. (MJT) (Entered: 11/19/2013) Notice of substitution of AUSA. Robert Edward Bodnar, Jr substituting for Samuel D. Armstrong. (Bodnar, Robert) (Entered: 12/10/2013) Minute Entry for proceedings held before Magistrate Judge Philip R. Lammens: SENTENCING held on 12/10/2013 for Thomas W. Harter (1). Counts 1 through 6 of the original Information: Dismissed upon motion of government. Counts 1 through 6 of the Superseding Information: Imprisonment for a term of twelve (12) months on each of Counts 1, 2 and 3 to run consecutively and also to a term of twelve (12) months on each of Counts 4, 5 and 6 to run concurrently to Counts 1, 2 and 3. Supervised Release: One (1) year as to Counts 1 through 6, all such terms to run concurrently. Fine: Waived. Special Assessment: $25.00 as to each count for a total of $150.00 due immediately. Restitution: $438,384.00 due immediately for distribution to the Internal Revenue Service. Court Reporter: Kelly Owen from Owen & Associates (DFD) (Entered: 12/10/2013) JUDGMENT IN A CRIMINAL CASE as to Thomas W. Harter (1). Counts 1-6 of the original Information dismissed upon motion of government. Superseding Information: Imprisonment for a term of twelve (12) months on each of Counts 1s, 2s and 3s to run consecutively and also to a term of twelve (12) months on each of Counts 4s, 5s and 6s to run concurrently to Counts 1s, 2s and 3s, for a total term of thirty-six (36) months. Supervised Release: One (1) year as to Counts 1s through 6s, all such terms to run concurrently. Fine: Waived. Special Assessment: $25.00 as to each count for a total of $150.00 due immediately. Restitution: $438,384.00 due immediately for distribution to the Internal Revenue Service. Signed by Magistrate Judge Philip R. Lammens on 12/11/2013. (DFD) (Entered: 12/11/2013)

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