Court filing
Indictment - United States v. Tracy and Carolyn Wade
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2024-04-01 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 32 · 2024-04-01 · Docket on CourtListener
Summary
The United States' proposed jury instructions and verdict form in United States v. Carolyn Denise Wade, No. 0:23-cr-60173-KMW, in the U.S. District Court for the Southern District of Florida, entered April 1, 2024 as Document 32. The filing asks that the government be allowed to propose additional instructions based on the evidence at trial and that the parties be told before closing arguments which instructions the Court will give. The proposed preliminary instructions cover the duty of the jury, what is and is not evidence, credibility of witnesses, the rules for criminal cases and juror conduct, including a bar on outside research. The proposed final instructions include the presumption of innocence, the definition of reasonable doubt and the verdict, followed by a verdict form for Count 1 of the Indictment. It is signed by Assistant United States Attorney David A. Snider.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-60173-CR-WILLIAMS
UNITED STATES OF AMERICA
vs.
CAROLYN DENISE WADE,
Defendant.
____________________________________________/
UNITED STATES’ PROPOSED JURY INSTRUCTIONS
AND VERDICT FORM
The United States of America, by and through its undersigned counsel, respectfully
submits the following jury instructions and verdict form.
The United States respectfully requests that the Court allow the United States to
propose such additional instructions as become appropriate based upon the testimony and
evidence at trial, and that the parties be informed prior to closing arguments which
instructions the Court will give to the jury.
Respectfully submitted,
MARKENZY LAPOINTE
UNITED STATES ATTORNEY
By: /s/ David A. Snider
David A. Snider
Assistant United States Attorney
Court ID No. A5502260
500 E. Broward Blvd
Fort Lauderdale, FL 33394
Tel: (954) 660-5696
Fax: (954) 356-7336
Email: david.snider@usdoj.gov
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P1
Preliminary Instructions – Criminal Cases
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-60173-CR-WILLIAMS
UNITED STATES OF AMERICA
vs.
CAROLYN DENISE WADE,
Defendant.
____________________________________________/
Members of the Jury:
Now that you have been sworn, I need to explain some basic principles
about a criminal trial and your duty as jurors. These are preliminary
instructions. At the end of the trial I will give you more detailed instructions.
Duty of jury:
It will be your duty to decide what happened so you can determine
whether the defendant is guilty or not guilty of the crime charged in the
indictment. At the end of the trial, I will explain the law that you must follow
to reach your verdict. You must follow the law as I explain it to you even if
you do not agree with the law.
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What is evidence:
You must decide the case solely on the evidence presented here in the
courtroom. Evidence can come in many forms. It can be testimony about what
someone saw or heard or smelled. It can be an exhibit admitted into evidence.
It can be someone’s opinion. Some evidence proves a fact indirectly, such as a
witness who saw wet grass outside and people walking into the courthouse
carrying wet umbrellas. Indirect evidence, sometimes called circumstantial
evidence, is simply a chain of circumstances that proves a fact. As far as the
law is concerned, it makes no difference whether evidence is direct or indirect.
You may choose to believe or disbelieve either kind and should give every piece
of evidence whatever weight you think it deserves.
What is not evidence:
Certain things are not evidence and must not be considered. I will list
them for you now:
• Statements and arguments of the lawyers. In their opening
statements and closing arguments, the lawyers will discuss the
case, but their remarks are not evidence;
• Questions and objections of the lawyers. The lawyers’ questions
are not evidence. Only the witnesses’ answers are evidence. You
should not think that something is true just because a lawyer’s
question suggests that it is. For instance, if a lawyer asks a
witness, “you saw the defendant hit his sister, didn’t you?” – that
question is no evidence whatsoever of what the witness saw or
what the defendant did, unless the witness agrees with it.
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There are rules of evidence that control what can be received into
evidence. When a lawyer asks a question or offers an exhibit and a lawyer on
the other side thinks that it is not permitted by the rules of evidence, that lawyer
may object. If I overrule the objection, then the question may be answered, or
the exhibit received. If I sustain the objection, then the question cannot be
answered, and the exhibit cannot be received. Whenever I sustain an objection
to a question, you must ignore the question and not try to guess what the answer
would have been.
Sometimes I may order that evidence be stricken and that you disregard
or ignore the evidence. That means that when you are deciding the case, you
must not consider that evidence.
Some evidence is admitted only for a limited purpose. When I instruct
you that an item of evidence has been admitted for a limited purpose, you must
consider it only for that limited purpose and no other.
Credibility of witnesses:
In reaching your verdict, you may have to decide what testimony to
believe and what testimony not to believe. You may believe everything a
witness says, or part of it, or none of it. In considering the testimony of any
witness, you may take into account:
• The opportunity and ability of the witness to see or hear or know
the things testified to;
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• The witness’s memory;
• The witness’s manner while testifying;
• The witness’s interest in the outcome of the case and any bias or
prejudice;
• Whether other evidence contradicted the witness’s testimony;
• The reasonableness of the witness’s testimony in light of all the
evidence; and
• Any other factors that bear on believability.
I will give you additional guidelines for determining credibility of
witnesses at the end of the case.
Rules for criminal cases:
As you know, this is a criminal case. There are three basic rules about a
criminal case that you must keep in mind.
First, the defendant is presumed innocent until proven guilty. The
indictment against the defendant brought by the government is only an
accusation, nothing more. It is not proof of guilt or anything else. The
defendant therefore starts out with a clean slate.
Second, the burden of proof is on the government until the very end of
the case. The defendant has no burden to prove her innocence or to present any
evidence, or to testify. Since the defendant has the right to remain silent and
may choose whether to testify, you cannot legally put any weight on a
defendant’s choice not to testify. It is not evidence.
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Third, the government must prove the defendant’s guilt beyond a
reasonable doubt. I will give you further instructions on this point later, but
bear in mind that the level of proof required is high.
Conduct of the jury:
Our law requires jurors to follow certain instructions regarding their
personal conduct in order to help assure a just and fair trial. I will now give you
those instructions:
1. Do not talk, either among yourselves or with anyone else, about
anything related to the case. You may tell the people with whom
you live and your employer that you are a juror and give them
information about when you will be required to be in court, but you
may not discuss with them or anyone else anything related to the
case.
2. Do not, at any time during the trial, request, accept, agree to
accept, or discuss with any person, any type of payment or benefit
in return for supplying any information about the trial.
3. You must promptly tell me about any incident you know of
involving an attempt by any person to improperly influence you or
any member of the jury.
4. Do not visit or view the premises or place where the charged
crime was allegedly committed, or any other premises or place
involved in the case. And you must not use Internet maps or
Google Earth or any other program or device to search for a view
of any location discussed in the testimony.
5. Do not read, watch, or listen to any accounts or discussions
related to the case which may be reported by newspapers,
television, radio, the Internet, or any other news media.
6. Do not attempt to research any fact, issue, or law related to this
case, whether by discussions with others, by library or Internet
research, or by any other means or source.
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In this age of instant electronic communication and research, I want to
emphasize that in addition to not talking face to face with anyone about the case,
you must not communicate with anyone about the case by any other means,
including by telephone, text messages, email, Internet chat, chat rooms, blogs,
or social-networking websites and apps such as Facebook, Instagram, Snapchat,
YouTube, or Twitter. You may not use any similar technology of social media,
even if I have not specifically mentioned it here.
You must not provide any information about the case to anyone by any
means whatsoever, and that includes posting information about the case, or what
you are doing in the case, on any device or Internet site, including blogs, chat
rooms, social websites, or any other means.
You also must not use Google or otherwise search for any information
about the case, or the law that applies to the case, or the people involved in the
case, including the defendant, the witnesses, the lawyers, or the judge. It is
important that you understand why these rules exist and why they are so
important:
Our law does not permit jurors to talk with anyone else about the case, or
to permit anyone to talk to them about the case, because only jurors are
authorized to render a verdict. Only you have been found to be fair and only
you have promised to be fair – no one else is so qualified.
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Our law also does not permit jurors to talk among themselves about the
case until the court tells them to begin deliberations, because premature
discussions can lead to a premature final decision.
Our law also does not permit you to visit a place discussed in the
testimony. First, you can’t be sure that the place is in the same condition as it
was on the day in question. Second, even if it were in the same condition, once
you go to a place discussed in the testimony to evaluate the evidence in light of
what you see, you become a witness, not a juror. As a witness, you may now
have a mistaken view of the scene that neither party may have a chance to
correct. That is not fair.
Finally, our law requires that you not read or listen to any news accounts
of the case, and that you not attempt to research any fact, issue, or law related
to the case. Your decision must be based solely on the testimony and other
evidence presented in this courtroom. Also, the law often uses words and
phrases in special ways, so it’s important that any definitions you hear come
only from me, and not from any other source. It wouldn’t be fair to the parties
for you to base your decision on some reporter’s view or opinion, or upon other
information you acquire outside the courtroom.
These rules are designed to help guarantee a fair trial, and our law
accordingly sets forth serious consequences if the rules are not followed. I trust
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that you understand and appreciate the importance of following these rules, and
in accord with your oath and promise, I know you will do so.
Taking notes:
Moving on now, if you wish, you may take notes to help you remember
what witnesses said. If you do take notes, please keep them to yourself until
you and your fellow jurors go to the jury room to decide the case. Do not let
note-taking distract you so that you do not hear other answers by witnesses.
When you leave the courtroom, your notes should be left in the jury room.
Whether or not you take notes, you should rely on your own memory of what
was said. Notes are to assist your memory only. They are not entitled to any
greater weight than your memory or impression about the testimony.
Course of the trial:
The trial will now begin. First, the government will make an opening
statement, which is simply an outline to help you understand the evidence as it
comes in. Next, the defendant’s attorney may, but does not have to, make an
opening statement. Opening statements are neither evidence nor argument.
The government will then present its witnesses, and counsel for the
defendant may cross-examine them. Following the government’s case, the
defendant may, if she wishes, present witnesses whom the government may
cross-examine. After all the evidence is in, the attorneys will present their
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closing arguments to summarize and interpret the evidence for you, and I will
instruct you on the law. After that, you will go to the jury room to decide your
verdict.
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B1
Face Page - Introduction
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-60173-CR-WILLIAMS
UNITED STATES OF AMERICA
vs.
CAROLYN DENISE WADE,
Defendant.
____________________________________________/
COURT’S INSTRUCTIONS TO THE JURY
Members of the Jury:
It’s my duty to instruct you on the rules of law that you must use in
deciding this case. After I’ve completed these instructions, you will go to the
jury room and begin your discussions – what we call your deliberations.
You must decide whether the Government has proved the specific facts
necessary to find the Defendant guilty beyond a reasonable doubt.
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B2.2
The Duty to Follow Instructions and the Presumption Of
Innocence When a Defendant Does Not Testify
Your decision must be based only on the evidence presented during the
trial. You must not be influenced in any way by either sympathy for or prejudice
against the Defendant or the Government.
You must follow the law as I explain it – even if you do not agree with
the law – and you must follow all of my instructions as a whole. You must not
single out or disregard any of the Court's instructions on the law.
The indictment or formal charge against a Defendant isn’t evidence of
guilt. The law presumes every Defendant is innocent. The Defendant does not
have to prove her innocence or produce any evidence at all. A Defendant does
not have to testify, and if the Defendant chose not to testify, you cannot consider
that in any way while making your decision. The Government must prove guilt
beyond a reasonable doubt. If it fails to do so, you must find the Defendant not
guilty.
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B3
Definition of “Reasonable Doubt”
The Government's burden of proof is heavy, but it doesn’t have to prove
a Defendant's guilt beyond all possible doubt. The Government's proof only
has to exclude any “reasonable doubt” concerning the Defendant's guilt.
A “reasonable doubt” is a real doubt, based on your reason and common
sense after you’ve carefully and impartially considered all the evidence in the
case.
“Proof beyond a reasonable doubt” is proof so convincing that you would
be willing to rely and act on it without hesitation in the most important of your
own affairs. If you are convinced that the Defendant has been proved guilty
beyond a reasonable doubt, say so. If you are not convinced, say so.
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B4
Consideration of Direct and Circumstantial Evidence;
Argument of Counsel; Comments by the Court
As I said before, you must consider only the evidence that I have admitted
in the case. Evidence includes the testimony of witnesses and the exhibits
admitted. But, anything the lawyers say is not evidence and isn’t binding on
you.
You shouldn’t assume from anything I’ve said that I have any opinion
about any factual issue in this case. Except for my instructions to you on the
law, you should disregard anything I may have said during the trial in arriving
at your own decision about the facts.
Your own recollection and interpretation of the evidence is what matters.
In considering the evidence you may use reasoning and common sense to
make deductions and reach conclusions. You shouldn’t be concerned about
whether the evidence is direct or circumstantial.
“Direct evidence” is the testimony of a person who asserts that he or she
has actual knowledge of a fact, such as an eyewitness.
“Circumstantial evidence” is proof of a chain of facts and circumstances
that tend to prove or disprove a fact. There’s no legal difference in the weight
you may give to either direct or circumstantial evidence.
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B5
Credibility of Witnesses
When I say you must consider all the evidence, I don’t mean that you
must accept all the evidence as true or accurate. You should decide whether
you believe what each witness had to say, and how important that testimony
was. In making that decision you may believe or disbelieve any witness, in
whole or in part. The number of witnesses testifying concerning a particular
point doesn’t necessarily matter.
To decide whether you believe any witness I suggest that you ask yourself
a few questions:
• Did the witness impress you as one who was telling the truth?
• Did the witness have any particular reason not to tell the truth?
• Did the witness have a personal interest in the outcome of the
case?
• Did the witness seem to have a good memory?
• Did the witness have the opportunity and ability to accurately
observe the things he or she testified about?
• Did the witness appear to understand the questions clearly and
answer them directly?
• Did the witness's testimony differ from other testimony or other
evidence?
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Persons Not on Trial
In addition, some of the people who may have been involved in these
events are not on trial. This does not matter. There is no requirement that all
participants of a scheme to defraud be charged and prosecuted in one
proceeding.
You may not draw any inference, favorable or unfavorable, towards the
Government or the Defendant on trial from the fact that any person in addition
to the Defendant is not on trial here. You may also not speculate as to the
reasons why other persons are not on trial.
ANNOTATIONS AND COMMENTS
See United States v. Rabuffo, et al., Case No. 14-20008-CR-Moore, Transcript (DE 542) at
62 (In addition, some of the people who may have been involved in these events are not on
trial. This doesn't matter. There is no requirement that all members of a conspiracy or all
codefendants be charged and prosecuted in one proceeding. You may not draw any inference,
favorable or unfavorable, towards the government or the defendant on trial from the fact that
any person in addition to the defendants is not on trial here. You may also not speculate as
to the reasons why other persons are not on trial.); United States v. Martin, Case No. 13-
20457-CR-Cohn, Jury Instructions (DE 144) at 7 (same).
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B8
Introduction to Offense Instructions
The indictment charges one crime, called a “count,” against the
Defendant. You’ll be given a copy of the indictment to refer to during your
deliberations.
Count 1 charges that the Defendant with wire fraud, in violation of Title
18, United States Code, Section 1343. I will explain the law governing this
offense in a moment.
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O51
Wire Fraud
18 U.S.C. § 1343
It’s a federal crime to use interstate wire, radio, or television
communications to carry out a scheme to defraud someone else.
The Defendant can be found guilty of this crime only if all the following
facts are proved beyond a reasonable doubt:
(1)
the Defendant knowingly devised or participated in a
scheme to defraud someone by using false or fraudulent
pretenses, representations, or promises;
(2)
the false pretenses, representations, or promises were about
a material fact;
(3)
the Defendant acted with the intent to defraud; and
(4)
the Defendant transmitted or caused to be transmitted by
wire some communication in interstate commerce to help
carry out the scheme to defraud.
A “scheme to defraud” means any plan or course of action intended to
deceive or cheat someone out of money or property by using false or fraudulent
pretenses, representations, or promises.
A statement or representation is “false” or “fraudulent” if it is about a
material fact that the speaker knows is untrue or makes with reckless
indifference to the truth, and makes with the intent to defraud. A statement or
representation may be “false” or “fraudulent” when it is a half-truth, or
effectively conceals a material fact, and is made with the intent to defraud.
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A “material fact” is an important fact that a reasonable person would use
to decide whether to do or not do something. A fact is “material” if it has the
capacity or natural tendency to influence a person’s decision. It doesn’t matter
whether the decision-maker actually relied on the statement or knew or should
have known that the statement was false.
To act with “intent to defraud” means to act knowingly and with the
specific intent to use false or fraudulent pretenses, representations, or promises
to cause loss or injury. Proving intent to deceive alone, without the intent to
cause loss or injury, is not sufficient to prove intent to defraud.
The Government does not have to prove all the details alleged in the
indictment about the precise nature and purpose of the scheme. It also doesn’t
have to prove that the material transmitted by interstate wire was itself false or
fraudulent; or that using the wire was intended as the specific or exclusive
means of carrying out the alleged fraud; or that the Defendant personally made
the transmission over the wire. And it doesn’t have to prove that the alleged
scheme actually succeeded in defrauding anyone.
To “use” interstate wire communications is to act so that something
would normally be sent through wire, radio, or television communications in
the normal course of business.
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Each separate use of the interstate wire communications as part of the
scheme to defraud is a separate crime.
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B9.2
On or About a Particular Date; Knowingly
You’ll see that the indictment charges that a crime was committed “on or
about” a certain date. The Government doesn’t have to prove that the crime
occurred on an exact date. The Government only has to prove beyond a
reasonable doubt that the crime was committed on a date reasonably close to
the date alleged.
The word “knowingly” means that an act was done voluntarily and
intentionally and not because of a mistake or by accident.
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B10.1
Caution: Punishment
(Single Defendant, Single Count)
I caution you that the Defendant is on trial only for the specific crime
charged in the indictment. You’re here to determine from the evidence in this
case whether the Defendant is guilty or not guilty of that specific crime.
You must never consider punishment in any way to decide whether the
Defendant is guilty or not guilty. If you find the Defendant guilty, the
punishment is for the Judge alone to decide later.
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Summaries and Summary Testimony1
There has been summary testimony from witnesses at this trial and the
Court permitted this testimony in order to aid you in considering the evidence.
Therefore, you are to give no greater consideration to summary testimony than
you would give to the evidence upon which that testimony is based.
It is for you to decide whether the summary testimony or chart offered by
a witness correctly presented the information contained in the documents on
which they were based, and what weight to give such evidence.
1 United States v. Richardson, 233 F.3d 1285, 1293-94 (11th Cir. 2000).
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B11
Duty to Deliberate
Your verdict, whether guilty or not guilty, must be unanimous – in other
words, you must all agree. Your deliberations are secret, and you’ll never have
to explain your verdict to anyone.
Each of you must decide the case for yourself, but only after fully
considering the evidence with the other jurors. So, you must discuss the case
with one another and try to reach an agreement. While you’re discussing the
case, don’t hesitate to reexamine your own opinion and change your mind if
you become convinced that you were wrong. But don’t give up your honest
beliefs just because others think differently or because you simply want to get
the case over with.
Remember that, in a very real way, you’re judges – judges of the facts.
Your only interest is to seek the truth from the evidence in the case.
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S5
Note-taking
You’ve been permitted to take notes during the trial. Most of you –
perhaps all of you – have taken advantage of that opportunity.
You must use your notes only as a memory aid during deliberations. You
must not give your notes priority over your independent recollection of the
evidence. And you must not allow yourself to be unduly influenced by the notes
of other jurors.
I emphasize that notes are not entitled to any greater weight than your
memories or impressions about the testimony.
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B12
Verdict
When you get to the jury room, choose one of your members to act as
foreperson. The foreperson will direct your deliberations and will speak for you
in court.
A verdict form has been prepared for your convenience.
[Explain verdict]
Take the verdict form with you to the jury room. When you’ve all agreed
on the verdict, your foreperson must fill in the form, sign it, date it, and carry it.
Then you’ll return it to the courtroom.
If you wish to communicate with me at any time, please write down your
message or question and give it to the marshal. The marshal will bring it to me,
and I’ll respond as promptly as possible – either in writing or by talking to you
in the courtroom. But I caution you not to tell me how many jurors have voted
one way or the other at that time.
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-60173-CR-WILLIAMS
UNITED STATES OF AMERICA
vs.
CAROLYN DENISE WADE,
Defendant.
____________________________________________/
VERDICT
We, the Jury in the above-captioned case, unanimously find as follows:
As to Count 1 of the Indictment, we find the Defendant CAROLYN
DENISE WADE:
NOT GUILTY ______ GUILTY ______
SO SAY WE ALL
Foreperson (please sign)
Date:
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