Search Warrant Affidavit — U.S. v. Tracy and Carolyn Wade (Doc. 115)

Record facts

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 115 · 2024-07-15 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
UNITED STATES OF AM ERICA
VS
TR ACY W ADE
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, 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 m ade these statements under
oath in open court before the United States M agistrate Judge, 1 hereby swear as follows:
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
AFFIDAVIT PURSUANT TO RULE 44(c) FRCrP
CASE NO : 23-60173-CR-W lLLlAM S
is likely to arise in my case. U.S. M agistrate Judge Jared M . Strauss, in open court, made such inquiry in my
presence and I understand the nattlre of the inquiry and the responses by m y attorney and by the Government's
attorney.
2. ln open court in my presence, U.S. M agistrate Judge Jared M . Strauss also thoroughly advised
me of my constitutional rights to a fair trial; the pup ose of such a right; the rnm ifications if convicted; and the
right to an individual and com petent lawyer whose concern is only with my separate and individual interests.
3. U.S. M agistrate Judge Jared M . Strauss also advised me that after receiving the pennitted
discovery in my case, I should speak with my lawyer at length and decide whether to continue with joint
representation Or Seek separate counsel.
U.S. M agistrate Judge Jared M . Strauss has also explained to m e the nature of a conflict; the
form  it may take; the rnmifications of conflict and my right for a lawyer to be appointed for me, without charge,
if I am unable to afford a lawyer.
5. I clearly understand al1 of the above, have discussed the issue of possible conflict with my attorney
and hereby decide as follows:
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' , am satisfied to continue to be represented by my present
(a) 1,
Case 0:23-cr-60173-KMW   Document 115   Entered on FLSD Docket 07/25/2024   Page 1 of 2

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lawyer even though this may involve a waiver of my constitutional rights as explained to me by U.S.
M agistrate Judge Jared M . Strauss. I m ake this decision knowingly, intelligently and voluntarily.
(b) 1, 
, am not satisfied to continue to be represented jointly
with my other defendantts) and hereby inform the court that I will seek separate cotmsel not associated with my
present lawyer. I m ake this decision knowingly, intelligently and vobmtarily.
(c) 1, 
, desire to be represented by another attorney and
understand that any extensions of time or continuances necessitated by my decision will be deem ed to be
excludable time under the Speedy Trial A ct. I m ake this decision knowingly, intelligently and voltmtarily.
(d) 1, 
, nm not satisfied to continue to be represented by my
present lawyer and l cannot afford to retain an attorney and hereby request the Court to appoint an attorney for
me. Attached to this aftidavit is a separate affidavit setting forth my entire financial stattzs and all assets
available to me. I m ake this decision knowingly, intelligently and voluntarily.
l understand that m y statements herein and any affidavits attached hereto are m ade under oath, are made
as if said in open court to the H onorable Jared M . Strauss, and that if I have not told the truth I will become
su ject to separate felony criminal charges of perjury or making a false statement.
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W 1 ESS: Atlorney of Record
Sworn to and subscribed before m e this 15th day of July, 2024
JARED M . STM USS
UNITED STATES M AGISTM TE JUDGE
cc: A1l Counsel of Record
Case 0:23-cr-60173-KMW   Document 115   Entered on FLSD Docket 07/25/2024   Page 2 of 2

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