Rule 44(c) Conflict Affidavit — USA v. Wade (Dkt. 114, S.D. Fla.)

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An affidavit pursuant to Rule 44(c) FRCrP in United States of America vs. Carolyn Wade, Case No. 23-60173-CR-WILLIAMS, in the U.S. District Court for the Southern District of Florida, sworn before U.S. Magistrate Judge Jared M. Strauss on July 15, 2024 and entered on the docket as Document 114. In the form, the defendant states that the magistrate judge inquired in open court whether a conflict of interest is likely to arise from joint representation and advised her of the right to a fair trial and to an individual lawyer. It states that she was advised to decide, after receiving discovery, whether to continue with joint representation or seek separate counsel. The form then sets out four options: continuing with present counsel, seeking separate counsel, retaining another attorney, or requesting appointed counsel.

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Case 0:23-cr-60173-KMW Document 114 Entered on FLSD Docket 07/25/2024 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA

vs
AFFIDAVIT PURSUANT TO RULE 44(c) FRCrP
CAROLYN WADE
CASE NO: 23-60173-CR-WILLIAMS
I, oe AN 0 \ L) ock , having been duly sworn and having been advised by the

court that my sworn statements herein will be considered to be the same as if I had made these statements under
oath in open court before the United States Magistrate Judge, I hereby swear as follows:

1. Pursuant to Rule 44(c), The Honorable Jared M. Strauss, United States Magistrate Judge, has
advised me of his duty to inquire of my attorney and of the Government’s attorney whether a conflict of interest
is likely to arise in my case. U.S. Magistrate Judge Jared M. Strauss, in open court, made such inquiry in my
presence and I understand the nature of the inquiry and the responses by my attorney and by the Government’s
attorney.

2. In open court in my presence, U.S. Magistrate Judge Jared M. Strauss also thoroughly advised
me of my constitutional rights to a fair trial; the purpose of such a right; the ramifications if convicted; and the
right to an individual and competent lawyer whose concern is only with my separate and individual interests.

3. U.S. Magistrate Judge Jared M. Strauss also advised me that after receiving the permitted
discovery in my case, I should speak with my lawyer at length and decide whether to continue with joint
representation or seek separate counsel.

4. U.S. Magistrate Judge Jared M. Strauss has also explained to me the nature of a conflict; the
form it may take; the ramifications of conflict and my right for a lawyer to be appointed for me, without charge,
if | am unable to afford a lawyer.

5. Iclearly understand all of the above, have discussed the issue of possible conflict with my attorney

and hereby decide as follows:

(a) I, Quan Woke , am satisfied to continue to be represented by my present
Case 0:23-cr-60173-KMW Document 114 Entered on FLSD Docket 07/25/2024 Page 2 of 2
: lawyer even though this may involve a waiver of my constitutional rights as explained to me by U.S.
Magistrate Judge Jared M. Strauss. I make this decision knowingly, intelligently and voluntarily.

(b) I, , am not satisfied to continue to be represented jointly

with my other defendant(s) and hereby inform the court that I will seek separate counsel not associated with my
present lawyer. I make this decision knowingly, intelligently and voluntarily.

(c) I, , desire to be represented by another attorney and

understand that any extensions of time or continuances necessitated by my decision will be deemed to be
excludable time under the Speedy Trial Act. I make this decision knowingly, intelligently and voluntarily.

(d) I, , am not satisfied to continue to be represented by my

present lawyer and I cannot afford to retain an attorney and hereby request the Court to appoint an attorney for
me. Attached to this affidavit is a separate affidavit setting forth my entire financial status and all assets
available to me. I make this decision knowingly, intelligently and voluntarily.

I understand that my statements herein and any affidavits attached hereto are made under oath, are made
as if said in open court to the Honorable Jared M. Strauss, and that if I have not told the truth I will become

subject to separate felony criminal charges of perjury or making a false statement.

WITNESS( Attorney of Record

Sworn to and subscribed before me this 15th day of July, 2024 A pf PE

JARED M. STRAUSS
UNITED STATES MAGISTRATE JUDGE

cc: All Counsel of Record


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