Court filing

Indictment - United States v. Tracy and Carolyn Wade

Record facts

Court	U.S. District Court for the Southern District of Florida
Filed	2024-05-22

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 70 · 2024-05-22 · Docket on CourtListener

Summary

The court's instructions to the jury 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 on the docket May 22, 2024 as Document 70. The instructions cover the presumption of innocence, the definition of reasonable doubt, direct and circumstantial evidence, witness credibility and impeachment, note-taking and summary testimony. They state that the indictment charges one count of wire fraud in violation of Title 18, United States Code, Section 1343, and list the four elements the government must prove beyond a reasonable doubt. Further instructions address the meaning of knowingly, dates charged on or about, a caution against considering punishment, the duty to deliberate and a unanimous verdict. The document runs 16 pages.

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 (GRAHAM)
UNITED STATES OF AMERICA,
v.
CAROLYN DENISE WADE,
Defendant.
I
----------------
COURT'S INSTRUCTIONS TO THE JURY
Members of the Jury:
It is my duty to instruct you on the rules of law that you must use in deciding this case.
After I have 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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The Duty to Follow Instructions and the Presumption of Innocence
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 you cannot consider in any way the fact that the Defendant did not
testify. The Government must prove guilt beyond a reasonable doubt. If it fails to do so, you must find the
Defendant not guilty.
2
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Definition of "Reasonable Doubt"
The Government's burden of proof is heavy, but it does not 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
have 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.
3
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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 is not binding on you.
You should not assume from anything I have 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 should not 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 is no legal difference in the weight you may give to either direct or
circumstantial evidence.
4
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\ •
Credibility of Witnesses
When I say you must consider all the evidence, I do not 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
does not 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?
•
Did the witness make a prior statement that is inconsistent with another prior statement
given by the witness or that is inconsistent with the witness's testimony in court?
5
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Impeachment of Witnesses Because of Inconsistent Statements
You should also ask yourself whether there was evidence that a witness testified falsely
about an important fact. And ask whether there was evidence that at some other time a witness
said or did something, or did not say or do something, that was different from the testimony the
witness gave during this trial.
But keep in mind that a simple mistake does not mean a witness was not telling the truth
as he or she remembers it. People naturally tend to forget some things or remember them
inaccurately. So, if a witness misstated something, you must decide whether it was because of an
innocent lapse in memory or an intentional deception. The significance of your decision may
depend on whether the misstatement is about an important fact or about an unimportant detail.
6
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Note-taking
You have 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.
7
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Introduction to Offense Instruction
The Indictment charges one crime, called a "count," against the Defendant. You will be
given a copy of the indictment to refer to during your deliberations.
Count 1 charges 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.
8
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Count 1: Wire Fraud
18 u.s.c. § 1343
It is a federal crime to use interstate wire 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
proIIl!ses.
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.
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 does not matter whether the
9
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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 does not 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 does not 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.
Each separate use of the interstate wire communications as part of the scheme to defraud
is a separate crime.
10
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Summaries and Summary Testimony
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.
11
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Knowingly
The word "knowingly" means that an act was done voluntarily and intentionally and not
because of a mistake or by accident.
12
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On or About a Particular Date
You will see that the Indictment charges that a crime was committed "on or about" a certain
date. The Government does not 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.
13
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Caution: Punishment
I caution you that the Defendant is on trial only for the specific crime charged in the
indictment. You are 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 in accordance with
the Sentencing Guidelines.
14
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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 will 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
are discussing the case, do not hesitate to reexamine your own opinion and change your mind if you
become convinced that you were wrong. But do not 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 are judges - judges of the facts. Your only interest is to seek
the truth from the evidence in the case.
15
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I'
f
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 have all agreed on the verdict,
your foreperson must fill in the form, sign it, date it, and carry it. Then you will 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 court security officer. The court security officer will bring it to me and I will respond
as promptly as possible, after consulting with the attorneys - 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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