Court filing

Information - United States v. Tracy and Carolyn Wade

Record facts

Court	U.S. District Court for the Southern District of Florida
Filed	2024-05-01

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 48 · 2024-05-01 · Docket on CourtListener

Summary

An unopposed motion by the United States for a protective order regulating disclosure of certain records, entered on the docket May 1, 2024 as Document 48 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. The motion states that the defendant is charged by indictment with one count of wire fraud under Title 18, United States Code, Section 1343 in connection with a Paycheck Protection Program loan, with trial set for May 13, 2024. It says that on April 29, 2024 defense counsel sent a proposed subpoena to the SBA for PPP loan records of six non-parties, and the government offered other records in its custody as a courtesy. The proposed order under Federal Rule of Criminal Procedure 16(d) would limit use and disclosure of those Confidential Records and require their destruction or return at the end of the case.

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Full text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 23-60173-CR-KMW-GRAHAM

UNITED STATES OF AMERICA

vs.

CAROLYN DENISE WADE,

Defendants.

UNOPPOSED MOTION BY THE UNITED STATES
FOR A PROTECTIVE ORDER REGULATING DISCLOSURE OF
CERTAIN RECORDS AND SENSITIVE INFORMATION CONTAINED THEREIN

Pursuant to Federal Rule of Criminal Procedure 16(d), the United States of America files
this unopposed motion for a protective order regulating disclosure of certain records, described
herein, within the government’s possession, custody, or control, and certain sensitive information
contained therein (the “Confidential Records”). In support thereof, the United States asserts as
follows:
1.
Defendant Carolyn Denise Wade (“Defendant”) is charged by indictment with one
count of wire fraud, in violation of Title 18, United States Code, Section 1343, in connection with
her receipt of a loan offered through the U.S. Small Business Administration (“SBA”)’s Paycheck
Protection Program (“PPP”). The indictment alleges that, among other things, Defendant
participated in a scheme to defraud the SBA and its lenders by causing the submission of a PPP
loan application that contained materially false information about Defendant’s 2019 gross income
information for the sole proprietor business “Carolyn Wade.” This case is set for trial commencing
May 13, 2024.
2.
On April 29, 2024, counsel for Defendant sent the undersigned assistant U.S.
Attorney, via email, a proposed motion styled as “Defendant’s Motion for the Issuance of
Case 0:23-cr-60173-KMW Document 48 Entered on FLSD Docket 05/01/2024 Page 1 of 4

Subpoena Duces Tecum” (the “Proposed Motion”) and proposed subpoena to the SBA, pursuant
to Rule 17 of the Federal Rules of Criminal Procedure. The Proposed Motion sought the issuance
of the Proposed Subpoena for “All PPP Loan Documents / Applications / Information” related to
six (6) entities and/or persons listed therein who are not parties to this criminal proceeding.
3.
Upon the government’s review of the Proposed Motion and the Proposed Subpoena,
the government advised defense counsel that, subject to its reservation of rights to object on any
ground to the admissibility at trial of any records obtained by Defendant pursuant to the Proposed
Subpoena, the government did not object to the Proposed Motion.
4.
The government further advised defense counsel that, while the government did not
have from the SBA the Confidential Records that Defendant was seeking in the Proposed
Subpoena, the government has, within its custody and control, certain other records from another
entity that may fall within the scope of the Proposed Subpoena (i.e., the Confidential Records).
The government further advised that, while it had not reviewed the Confidential Records and did
not believe that the government had any discovery obligation to disclose the Confidential Records
to Defendant, the government was willing to make such records available to Defendant as a
courtesy, subject to: (1) the entry of this Protective Order; and (2) the reservation of the
government’s rights to object on any ground to the admissibility of any such records at trial.
5.
The parties stipulate and agree that this Protective Order is necessary because, in
general, PPP loan documentation and applications contain, among other things, private financial
information of individuals and entities as well as personally identifiable information (e.g., names,
addresses, bank account numbers, social security numbers, driver license numbers), and other
sensitive information (collectively, the “Sensitive Information”). Here, the Confidential Records
likely contain Sensitive Information relating to individuals and entities who are not a party to this
case. Furthermore, it is not practicable for the government to redact such Sensitive Information.
Case 0:23-cr-60173-KMW Document 48 Entered on FLSD Docket 05/01/2024 Page 2 of 4

6.
Accordingly, to ensure the protection of the Sensitive Information and to avoid the
disclosure of this information to other individuals, the parties request that the Court enter the
proposed Protective Order regulating disclosure of the Confidential Records follows:
a.
The government is authorized to disclose to Defendant, through her counsel
of record, the Confidential Records and any Sensitive Information contained therein;
b.
The government shall indicate to Defendant that the Confidential Records
contain Sensitive Information, and are subject to this Protective Order, by marking the
folder containing any such records as “Confidential,” which will be governed by the
following rules;
c.
Counsel of record for Defendant in this proceeding shall hold the
Confidential Records in strictest confidence. Therefore, defense counsel shall restrict
access to the Confidential Records, and shall disclose the Confidential Records to their
client, office staff, investigators, and to anticipated fact or expert witnesses only to the
extent that defense counsel believes is necessary to assist in the defense of their clients in
this matter and in a manner that will prohibit the disclosure of the Confidential Records to
other persons not involved in the defense;
d.
Counsel of record shall advise any person to whom the Confidential
Records are disclosed that such information shall be held in strict confidence, and that
further disclosure or dissemination is prohibited without defense counsel’s express
consent;
e.
Counsel of record shall obtain a certification from each person to whom the
Confidential Records are disclosed, in which the recipient, (i) acknowledges these
restrictions as set forth in the Protective Order of the Court, and (ii) agrees that they will
not disclose or disseminate the information without express consent of defense counsel.
Case 0:23-cr-60173-KMW Document 48 Entered on FLSD Docket 05/01/2024 Page 3 of 4

Counsel shall keep a copy of each certification to identify the individuals who received the
Confidential Records and the date on which such information was first disclosed; and
f.
Counsel of record agrees that, upon conclusion of the above captioned case,
copies of the Confidential Records disclosed to defense counsel pursuant to the terms of
this order shall be destroyed or returned to the United States.

Pursuant to Local Rule 88.9, the undersigned Assistant United States Attorney has
conferred with counsel of record for Defendant, and he has represented that Defendant has no
objection to the relief requested.

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) 695-0651
Email: david.snider@usdoj.gov

Case 0:23-cr-60173-KMW Document 48 Entered on FLSD Docket 05/01/2024 Page 4 of 4

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