Defendant Wade's Proposed Jury Instruction — United States v. Carolyn D. Wade (S.D. Fla.)

Summary

Defendant Wade's Proposed Jury Instruction in United States of America v. Carolyn D. Wade, Case No. 23-CR-60173, in the U.S. District Court for the Southern District of Florida, entered on the docket 04/12/2024 as Document 41. Through counsel, Carolyn D. Wade asks the Court to give the jury a good-faith defense instruction before deliberations. The proposed text states that good faith is a complete defense to a charge that requires intent to defraud and that the Government must prove intent to defraud beyond a reasonable doubt. It adds that a mistake in judgment, an error in management or carelessness cannot establish fraudulent intent. The certificate of service is signed /s/ by Johnny L. McCray, Jr., counsel for Defendant Wade, dated April 12, 2024.

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Page 1 of 2 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
UNITED STATES OF AMERICA, 
 
Case No:23-CR-60173 Williams (Graham) 
v. 
CAROLYN D. WADE, 
 
Defendant.  
 
 
 
 
 
/ 
 
DEFENDANT WADE’S PROPOSED JURY INSTRUCTION  
 
The Defendant, CAROLYN D. WADE, through counsel, respectfully requests   
that the Court give the following instructions to the jury panel prior to their  
deliberations: 
 
Defendant’s Proposed Jury Instruction regarding 
S17 Good-Faith Defense 
 
 
“Good faith” is a complete defense to a charge that requires intent to defraud. 
A defendant isn’t required to prove good faith. The Government must prove intent to 
defraud beyond a reasonable doubt. 
 
 An honestly held opinion or an honestly formed belief cannot be fraudulent 
intent – even if the opinion or belief is mistaken. Similarly, evidence of a mistake in 
judgment, an error in management, or carelessness can’t establish fraudulent intent. 
 
But an honest belief that a business venture would ultimately succeed doesn’t 
constitute good faith if the Defendant intended to deceive others by making 
representations the Defendant knew to be false or fraudulent.   
Case 0:23-cr-60173-KMW   Document 41   Entered on FLSD Docket 04/12/2024   Page 1 of 2

Page 2 of 2 
 
USA v. Carolyn D. Wade 
Proposed Jury Instruction 
Case N0. 23-cr-60173 Williams/Graham 
 
 
                           CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that on April 12, 2024, I electronically filed the 
foregoing document with the Clerk of the Court using CM/ECF. I also certify that the 
foregoing document is being served this day on all counsel of record via transmission 
of the Notices of Electronic Filing generated by CMF-ECF or in some other authorized 
manner for those Counsel or parties who are not authorized to receive electronically 
Notices of Electronic Filing. 
 
Respectfully submitted, 
 
/s/ Johnny L. McCray, Jr., Esq.__ 
Johnny L. McCray, Jr., Esquire  
Counsel for Defendant Wade 
Florida Bar No.342319  
400 E. Atlantic Boulevard 
Pompano Beach, Florida 33060 
(954) 954-781-3662 
McCrayjlaw@gmail.com 
 
cc: Carolyn D. Wade 
 
 
 
Case 0:23-cr-60173-KMW   Document 41   Entered on FLSD Docket 04/12/2024   Page 2 of 2

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