Exhibit - United States v. Tracy and Carolyn Wade (Doc. 17, filed 2024-10-30)

Summary

Doc. 196-2, an exhibit in United States v. Carolyn Wade, Case No. 23-cr-60173-KMW, in the U.S. District Court for the Southern District of Florida, entered October 30, 2024. It is a plea agreement between the United States Attorney's Office for the Southern District of Florida and Haydee Rivero, formerly known as Haydee Granados, in Case No. 24-60124-CR, in which she agrees to plead guilty to an Information charging conspiracy to commit wire fraud and false statements to the U.S. Small Business Administration. The agreement describes the advisory Sentencing Guidelines, a statutory maximum of up to 5 years of imprisonment, a fine of up to $250,000, and a $100 special assessment. It also sets out cooperation terms and the Office's possible sentencing recommendations.

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UNITED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 24-60124-CR-SM ITH
STATES OF AM ERICA
VS.
HAYDEE W W RO,
Flt/a ddllaydee Granados,''
D efendant.
/
PLEA AGREEM ENT
The United States Attorney's Office for the Southern District of Florida (sthis Office'') and
the Defendant, HAYDEE RIVERO, fonnerly known as Haydee Granados, (hereinafter referred to
as Er efendanf') enter into the following agreement'.
Defendant agrees to plead guilty to the lnformation, which pharges Defendant with
conspiracy to commit offenses against the United Sjatesj that is, wire fraud, in violation of Title
18, United States Code, Section 1343, and false statements to ihe U.S. Small Business '
Administration, in violation of Title 15, United States Code, Section 645(a), 'all in violation of Title
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18, United States Code, 371.
Defendant is aware that the sentence will be imposed by the Court after considering
the advisory Federal' Sentencing Guidelines and Policy Statements (hereinafter içsentencing
Guidelines''). Defendant acknowledges and understands that the Court will compute an advisol'y
sentençe under the Sentencing Guidelines and that the applicable guidelines will be determ ined by
the Court relying in part on the results of a pre-sentenc' e investigation by. the Court's probation
ofsce, which investigation will com mence after the guilty plea has been entered. Defendant is
also aware that, under certain circumstances, the Court may depart from the advisory sentencing
Case 0:24-cr-60124-RS   Document 17   Entered on FLSD Docket 09/20/2024   Page 1 of 6
Richard Ramos
Oct 1, 2024
23-60173-CR_009231
Case 0:23-cr-60173-KMW   Document 196-2   Entered on FLSD Docket 10/30/2024   Page 1 of 6
23-60173-CR
2000

guideline range that it has computed and may raise or lower that advisory sentence under the
Sentencing Quidelines. Defendant is further aware and understands that. the Coul't is required to
consider the advisory guideline range determined under the Sentencing Guidelines but is not bound
to impose a sentence within that advisoiy range; the Court is perm itted to tailor the ultimate
sentehce in light of other statutory concems, and such sentence may be either more severe or less
severe than the Sentencing Guidelines' advisory range. Knowing
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these facts, Defendant
understands and acknowledges that the Court has the authority to impose any sentence within and
up to the statutory maximum authorized by law for the offenses idrntified in paragraph 1 and that
Defendant may not withdraw the plea solely as a result of the sentence imposed.
Defendant understands and acknowledges that the Court m ay impose a statutory
maximum term of imprisonment of up to 5 years, followed
, by a term of supervised release of up
to 3 years. In addition to a term of .imprisonment and supervised release, the Court may impose a
maximum fine of up to $250,000 or twice the gross gain or gross loss resultilk from the offense,
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restitutiön :nd crim inal forfeiture.
Defendant ftkrther understands and acltnowledges that, in addition to any sentence
imposed unde' r paragraph 3 of this agreement, a special assessment in the amount of $100 will be
imposed on Defendant. Defendant agrees that any special assessment imposed shall be paid at the
time of sentencing. If Defendant is finàncially unable to pay the special assessment, Defendant
agrees to present evidence to the Office and the Court at the time of sentencing as to the reasons
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for Defendant's failure to pay.
5. 
The Office reserves the right to inform the Court and the probation office of al1
facts pertinent to' the sentencingprocess, including a11 relevant information concerning the offenses
Case 0:24-cr-60124-RS   Document 17   Entered on FLSD Docket 09/20/2024   Page 2 of 6
23-60173-CR_009232
Case 0:23-cr-60173-KMW   Document 196-2   Entered on FLSD Docket 10/30/2024   Page 2 of 6

7comited, whether charged or not, as wel as copcenzing Defendant and Defendant's background.
Subject only to the expres terms of any agred-upon sentencing recomendations contained in
this agrement, the Ofice further reselwes the right to make any recomendation as to the quality
and quantity of punishment.
6.
The Defendant agreesthat she shall cooperate fully with this Office by: (' a)
providing truthful and complete information and testimony, and producing documents, records and
other evidence, when called upon by this Office, whether in interviews, before a grand jury, or at
any trial or other Court proceeding; (b) appearing at such grand jury proceedings, hearings, trials,
and other judicial proceedingsk and at meetings, as may be required by this Office; and (c) if
requested by this Office, working in an undercover role under the supervision of, and in
compliance with, law enforcement officers and agents. ln addition, the Defendant agrees that she
will not protect any person or entity through false inform ation or omission, that she w ill not falsely
implicate any person or entity, and that she that she will not comm it any further crimes.
7. 
This Office reserves the right to evaluate the nature and extent of the Defendant's
cooperation and to make that cooperation, or lack thereotlkknown to the Court at the time of
sentencing. lf in the sole and unreviewable judgment of this Office the Defendant's cooperation
is of such quality and significance to tlze investigation or prosecution of other crim inal matters as
to warrant the Court's bownward departure from the advisory sentencing range calculated under
the Sentencing Guidelines and/or any applicable minimum mandatory sentence, this Office may
make a motion prio? to sentencing pursuant to Section 5K1.1 of the Sentencing Guidelines and/or
Title 18, United States Code, Section 3553($, or subsequent to sentencing pursuant to Rule 35 bf
the Federal Rules of Criminal Procedure, inform ing the Coul't that the Defendant has provided
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Case 0:24-cr-60124-RS   Document 17   Entered on FLSD Docket 09/20/2024   Page 3 of 6
23-60173-CR_009233
Case 0:23-cr-60173-KMW   Document 196-2   Entered on FLSD Docket 10/30/2024   Page 3 of 6

substantial assistance and recompending that the Defendant's sentence be reduced. The
Defendant understands and agrees, however, that nothing in this agreement requires this Office to
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file any such motions, and that this Office's assessm ent of the quality and significapce of the
Defendant's cooperation shall be binding as it relates to the appropriateness of this Office's filing
or non-filing of a m otion to reduce sentence.
8. 
The Defendant understands and acknowledges that the Court is under no obligation
to grant a motion for reduction of sentence filçd by this Office. In addition, the Defendant further
understands and acltnowledges that the Court is under no obligation of any type to reduce the
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Defendant's sentence because of the Defendant's cooperation.
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9. 
The Office agrees that it will recomm' end at sentencing that the Court reduce by
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two levels the sentencing guideline level applicable to Defendant's offense, pursuant to Section
3E1.1(a) of the Sentencing Guidelines, based upon Defendant's recognition and affinuative and
timely acceptance of personal responsibility. lf at the time of sentencing Defendant's offense level
is determined to be 16 or, greater, the Office will file a motion requesting an additional one level
decrease pursuant to Section 3E1.1(b) of the Sentencing Guidelines, stating that Defendant has
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assisted authorities in the' investigation or prosecution of Defendant's own misconduct by tim ely
notifying authorities of Defendant's intention to enter a plea of guilty, thereby perm itting the
government to avoid preparing for trial and permitting the government and the Court to allocate
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their resources efficiently. This Office further agrees to recommend that Defendant be sentenced
at the low end of the guidelines range, as that range is determined by the Court. The Office,
however, will not be required to make these recommendations if Defendant: (1) fails or refuses to
make a 1 11, accurate and complete disclosure to the probation offlce of the circumstances
4
Case 0:24-cr-60124-RS   Document 17   Entered on FLSD Docket 09/20/2024   Page 4 of 6
23-60173-CR_009234
Case 0:23-cr-60173-KMW   Document 196-2   Entered on FLSD Docket 10/30/2024   Page 4 of 6

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surrounding the relevant offense conduct; (2) is found to have misrepresented facts to the
governmentprior to or after entering into this pléa agreement; or (3) commits any misconduct after
enterihg into this plea agreem ent, including but not limited to committing a state or federal offense,
violating any term of release, or m aking false statements or m isrepresentations to any
governmental entity or official.
10. 
Defendant is aware that the sentence has not yet been determ ined by the Court.
Defendant also is aware that any estim ate of the probable sentencing range or sentence that the
Defendant may receive, whether that estimate comes from Defendant's atorney, the Office, or the
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probation office, is a prediction, not a prom ise, and is not binding on the Office, the probation
office or the Court. Defendàntunderstands further that any recommendation that the Office m akes
to the Court as to sentencing, whether pursuant to this agreement or otherwise, is not binding on
the Court and the Court may disregard the recommendation in its entirety. Defendant understands
and acknowledges, as previously acknowledged in paragraph 2 above, that Defendant may not
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withdraw her plea bàsed upon the Court's deèision not to accept a sentencinj recommendation
made by Defendant, the Office, or a recommendation madejointly by Defendant and the Office.
Defendant understands and acknowledges that the Court must order restitution for.
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the fu11 amount of the victims losses pursuant to 18 U.S.C. j 3663A. Defendant underjtan s t a
the amount of restitution owed to the victimts) will be determined at or before sentencing unless ,
the Court orders otherwise.
12. 
Defendant confirms that Defendant is guilty of the offense to which Defendant is
pleading guilty; that Defendant's dçcision to plead guilty is the decision that Defendant has made;
and that nobody has forced, threatened, or coerced Defendant into pleading guilty. Defendant
Case 0:24-cr-60124-RS   Document 17   Entered on FLSD Docket 09/20/2024   Page 5 of 6
23-60173-CR_009235
Case 0:23-cr-60173-KMW   Document 196-2   Entered on FLSD Docket 10/30/2024   Page 5 of 6

affirms that Defendant has reviewed this agreement and enters into it knowingly, voluntarily, and
intelligently, and with the benefit of assistance of Defendant's attorney.
This is the entire agreement and understanding between the Office and Defendant.
There are no other agreements, promises, representations, or understandings.
7/z,/*-/
Date:
By : SLXRKENZY LAPOWTE
UNITED ST TES ATTORNEY
W ( DAVI A. SN1 ER
ASSI TANT UNITED STATES ATTORNEY
FRA 
cHwARTz, EsQ.
A'rrroltxsvs FOR DEFENDANT
N
I-IA E 
RO, f/k/ Haydee Granados
DEFENDANT
:> v/zb
Date:
Iazlmq
Date: f
6
Case 0:24-cr-60124-RS   Document 17   Entered on FLSD Docket 09/20/2024   Page 6 of 6
23-60173-CR_009236
Case 0:23-cr-60173-KMW   Document 196-2   Entered on FLSD Docket 10/30/2024   Page 6 of 6

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