Court filing
Sentencing Memorandum - United States v. Tracy and Carolyn Wade
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2025-02-12 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 235-1 · 2025-02-12 · Docket on CourtListener
Summary
Selected pages from the transcript of the October 21, 2024 trial testimony of defendant Tracy Wade in United States of America v. Carolyn Denise Wade and Tracy D. Wade, No. 0:23-cr-60173-KMW, before District Judge Donald L. Graham of the U.S. District Court for the Southern District of Florida, entered February 12, 2025 as Document 235-1. On direct examination, Wade testifies that a tax filing showed gross receipts of $332,681 for his funeral home and that he gave the people preparing his PPP application access to his email but not his bank accounts. He testifies that he did not see a PPP application or a Schedule C when initialing documents by DocuSign and learned of the inaccurate figures after the indictment. On cross-examination, the government questions him about a DocuSign signature made from an IP address assigned to his home.
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Lance W. Steinbeisser, Official Court Reporter
1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NOS. 23-CR-60173-KMW-1
23-CR-60173-KMW-2
UNITED STATES OF AMERICA,
Miami, Florida
Plaintiff,
October 21, 2024
vs.
9:54 AM - 2:48 PM
CAROLYN DENISE WADE and
TRACY D. WADE,
Defendant.
Pages 1 to 138
____________________________________________________________
TRANSCRIPT OF TRIAL (TESTIMONY OF TRACY WADE)
HELD BEFORE THE HONORABLE DONALD L. GRAHAM
UNITED STATES DISTRICT JUDGE
FOR THE GOVERNMENT:
DAVID A. SNIDER, AUSA
ADAM LOVE, AUSA
United States Attorney's Office
ON BEHALF OF THE DEFENDANTS:
JOHNNY L MCCRAY, JR., ESQ.
Law Office of Johnny L. McCray, Jr, P.A.
and
DARYL E. WILCOX, ESQ.
ALSO PRESENT: Carolyn Wade
Hendrith V.A. Smith, paralegal
LANCE W. STEINBEISSER, FCRR, RPR, FPR-C
Official Court Reporter
United States District Court
400 North Miami Avenue
Miami, Florida 33128
305.523.5633
Proceedings recorded by mechanical stenography; transcript
produced by computer-aided transcription.
Case 0:23-cr-60173-KMW Document 235-1 Entered on FLSD Docket 02/12/2025 Page 1 of 31
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - DIRECT
8
Q.
Okay. Now, have you been audited?
A.
No, sir.
Q.
Any communication regarding the legitimacy of 209?
A.
No, sir.
Q.
It also indicates, if you look on under income -- and I
will see if I can push that up a little bit -- income here --
and let's go over to 1(C). What does it say your gross
receipts and sales equal?
A.
If you can move it back over, I believe 1(C) is $332,681.
Q.
Okay. And going to 1(A), what does that say?
A.
It says 300,000 -- it says the same numbers.
Q.
Okay. These were filed by you with the United States
Government?
A.
Yes, sir.
Q.
Okay. Did you have a CPA assist you with this?
A.
Yes, sir.
Q.
Okay. Did you ever represent to Ms. Granados that your
funeral home business made roughly just over a hundred
thousand dollars for that same year as reflected in the
exhibit that we just went over, which indicated that you had
made over 300-some thousand dollars?
A.
No, sir.
Q.
Did she ever tell you that she was going to put a number
that wasn't consistent with the 300-some odd thousand dollars
that we just saw?
Case 0:23-cr-60173-KMW Document 235-1 Entered on FLSD Docket 02/12/2025 Page 2 of 31
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - DIRECT
9
A.
No, sir.
Q.
When, if anytime, did you learn that Ms. Granados had
included a number that was not accurate -- that was false?
A.
Once this indictment came into place and I looked at the
documents.
Q.
And what were your feelings at that time?
A.
Deceived, hurt, betrayed.
Q.
Now, had you ever asked Ms. Granados or Ms. Rivero to file
a PPP loan in the name of your funeral home, Wade Funeral
Home?
A.
I didn't speak to Ms. Granados at all. I spoke to
Eduardo. And the understanding was the PPP loan was going to
be under Wade Funeral Home.
Q.
And how was that the understanding?
A.
Well, based on how he explained it to you, the PPP loan
was supposed to be for a business, not personal.
Q.
And so you mentioned to Mr. Granados that you would be
applying for a business loan?
A.
He asked. He asked did you do one for the funeral home.
He asked.
Q.
And what did you say?
A.
I said no, initially.
Q.
Okay. And did there come a time when you said that you
would?
A.
Yes. Yes, sir.
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - DIRECT
20
first talked to them about this.
A.
Nothing. They just wanted the documents that they
requested. That was it.
Q.
Okay. We saw your driver's license and the check -- a
voided check. Did they ask you for any other information?
A.
Oh, they wanted the passcodes because --
Q.
Did you give them that?
A.
Well, virtually I ended up giving it to them so -- let me
back it up. I was, at the time, working at the sheriff's
office on midnights. I was working at the funeral home and
covering his funeral home also. I didn't understand the
process of this loan, and I guess everything was -- had to be
done in a timely manner.
So he kept calling my phone, "Oh, you're not paying
attention to this," or "You're not doing this," or "You're not
doing that. Why don't you just give me your email access and
that way" -- because I guess part of the authentication or the
codes will come to your email, as they testified to. And he
said, "Don't worry about it. You can trust me. When it's all
said and done, you could just change your email access and
then that's that.
"But in order for us to process the application,
everything has to be done in a timely manner." He also tried
to ask me for my bank account --
Q.
Before we go to that, did you give him access to your
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - DIRECT
21
email?
A.
Yes, I did.
Q.
Okay. Now, go ahead. Did he ask for access to anything
else?
A.
So then he asked me for access to my business bank account
and -- and my personal and I was, like, "Yeah, I trust you but
don't trust you like that." I wasn't giving him that.
Q.
So you never gave him --
A.
No.
Q.
-- access to either of your bank accounts?
A.
No.
Q.
By the way, how many bank accounts did you have?
A.
I have a business account. My wife had a personal
account, which I was on. I had a personal account, which she
was on. And we had a savings account that we both were on --
Q.
Okay.
A.
-- and she also had an account for her business.
Q.
Okay. Now, did your wife file tax returns in 2019?
A.
Yes.
Q.
And she had been audited based upon what she filed?
A.
No, sir.
Q.
Any correspondence, to your knowledge, from the United
States Government regarding that?
A.
No, sir.
Q.
Did your wife apply for a PPP loan?
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - DIRECT
28
link and it takes you to the portal. When it pops up, it is
instructing you about if you have not used that computer
before, then it tells you to adopt a signature. If you have
used that computer before, then your signature is already
there, and all you're doing is just initialling the
statements. You're not seeing any application. You're not
seeing any numbers. All you're doing is just initialling,
initialling, initialling. That's it.
Q.
Did you see a PPP application when you went into the
computer to DocuSign?
A.
No, sir.
Q.
Did you see a Schedule C?
A.
No, sir.
Q.
Could you have seen it and just deliberately ignored it?
A.
No, sir.
Q.
What about -- I said "it." Let's talk first about the PPP
application.
Could you have seen it and just simply ignored it?
A.
No, sir.
Q.
What about with respect to the Schedule C?
A.
No, sir.
Q.
Were you ever told by Haydee Rivero or her husband that
they would have to put in false numbers in the PPP
application?
A.
There was never a discussion of any fraudulent activity
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - DIRECT
29
being authorized or approved.
Q.
Did they ever even mention a Schedule C to you?
A.
No, sir.
Q.
You spoke with them regarding your wife, you say, I
believe?
A.
Yes, sir.
Q.
With respect to your wife's application, did they ever
tell you that they would have to use fraudulent information in
the application?
A.
No, sir.
Q.
Did they ever tell you that they would have to use
fraudulent information in the Schedule C?
A.
No, sir.
Q.
Now, your wife's business -- you know pretty much what
kind of business she's doing financially. Is that a fair
statement?
A.
Yes, sir.
Q.
If you had been told by her, meaning -- husband or wife,
Eduardo or his wife, that they were going to put a figure of
say $113,000 for 1 Step, would you have known that that was
false?
A.
Absolutely.
Q.
Did you ever see a document that reflected that 1 Step,
the beauty salon, had receipts of 100-plus-thousand dollars
for the taxable year, I believe, 2021?
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TRACY WADE - DIRECT
30
A.
Did I --
Q.
Years, yes.
A.
Before this proceeding?
Q.
Yes, before this case.
A.
Oh, no. No, sir.
Q.
When was the first time that you saw a fraudulent
Schedule C?
A.
I don't know if it was a fraudulent Schedule C, but I saw
the fraudulent documents the night before my wife was taken in
by the Broward County Sheriff's Office.
Q.
When you learned about this, how did you feel?
A.
I was puzzled initially, angry initially. Then I called
Eduardo immediately.
Q.
Did you speak to him?
A.
Yes, I did.
Q.
And what was said?
A.
I questioned that because initially when I was looking at
the documents online and I -- I was initially looking because
the document was unfamiliar to me. So I'm trying to
understand what it is because initially when my wife was under
investigation with the sheriff's office, we didn't know why,
and then certain other deputies started calling saying this is
what it has to be for.
So someone gave me the site, and I went and we pulled
it up, and I was looking for her EIN number, and I kept trying
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Lance W. Steinbeisser, Official Court Reporter
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31
to understand why her EIN number was not on the document.
Q.
Why did you think it should have been on the document?
A.
Because it was supposed to have been for her business
1 Step A-Head.
Q.
Had you provided that to either Mr. Rivero or Mrs. Rivero?
A.
I provided that to Eduardo Rivero with her EIN number.
Q.
That was when you sent that email?
A.
Yes.
Q.
Go ahead. When you were looking -- go ahead.
A.
So as we were looking at it and we're trying to go, then I
see her Social Security number on here and I say, "Wait a
minute. She put this loan in your personal name because you
your name is here." It says "Carolyn Wade" and it has her
Social Security number.
And I used some profanity and then I immediately
called on the phone. So when I called on the phone,
Eduardo -- he tried to fast-talk me. And he was, like, "No,
no, no, no, no, nothing's wrong, nothing's illegal." Then
Haydee gets on the phone and says, "Hey, I didn't do anything
wrong. Your wife's only in trouble because BSO is trying to
make a statement against all the deputies. I did everyone
else's PPP loan correct and no one else is having a problem."
So I said -- I questioned her on certain things in
the application and she said, "Oh, just tell them it's a
typo." I said, "Typo my" -- and I hung up the phone.
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - DIRECT
32
Q.
Now, were you arrested around the time when your wife was
arrested?
A.
No, sir.
Q.
At the time in which your wife was arrested, were you
aware that your application and Schedule C had been falsified?
A.
Yes, sir.
Q.
You were aware the night your wife got arrested?
A.
No, not that night, but eventually down the road, after I
started doing an investigation of the facts, then I looked at
it and I was, like, "Ah, wow. They did mine the same way."
Q.
Okay. And eventually the Government --
A.
Yes.
Q.
-- caused your arrest?
A.
Yes, sir.
Q.
Now, with respect to Wade Funeral Home, did you have
employees back around the time that you applied for the PPP
loan?
A.
Well, I called them based on how my CPA says they're
considered to be workers or laborers --
Q.
Okay.
A.
-- but yeah, the same thing.
Q.
Did you pay taxes on them?
A.
No, sir.
Q.
Why didn't you?
A.
Because I did 1099s.
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - CROSS
54
A.
No, sir.
Q.
Any discussion that I've had about this case as it
pertains to you has been through your attorneys; correct?
A.
Yes, sir.
Q.
And you and I have never formally met face-to-face --
correct? -- other than holding the door for me and other just
human interaction and pleasantries. We've never sat down
face-to-face; correct?
A.
No, sir.
Q.
So, Mr. Wade, let's go over sort of a few preliminary
things here.
You have never had a business named Tracy Wade;
correct?
A.
No, sir.
Q.
And as far as you know, there is no business doing
business as Tracy Wade; correct?
A.
There should not be.
Q.
Certainly not one that you're aware of; right?
A.
Yes, sir.
Q.
And there is no business named Tracy Wade that was
established, to your knowledge, in 2019?
A.
No, sir.
Q.
And you don't live at 315 West Pembroke Road in
Hallandale; correct?
A.
That's not my residence, no.
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - CROSS
55
Q.
That's the residence of your funeral home?
A.
Yes, it is.
Q.
So that's not the residence of any business named Tracy
Wade; correct?
A.
No, sir.
Q.
Your funeral home is a Florida limited liability company;
is that correct?
A.
Yes, sir.
Q.
It is not a sole proprietorship; correct?
A.
Okay.
Q.
Is that right?
A.
Yes, sir.
Q.
And as you just went over with Mr. McCray, Wade Funeral
Home files business tax returns; correct?
A.
Yes, sir.
Q.
The income that is reported to the Internal Revenue
Service for Wade Funeral Home is not filed on your individual
tax return; correct?
A.
No, sir.
Q.
It is filed on an 1120-S form; right?
A.
Yes, sir.
Q.
Do you have a Social Security number?
A.
Yes, I do.
Q.
And I'll just say the last four digits. It ends in 4088;
correct?
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - CROSS
56
A.
Yes, it does.
Q.
And you also have an EIN for the Wade Funeral Home;
correct?
A.
Yes, I do.
Q.
But that's a different number?
A.
Yes, it is.
Q.
You testified that you received a $20,833 loan from the
Paycheck Protection Program; correct?
A.
Yes, sir.
Q.
And that went into a USAA bank account that is in your
name and your wife's name; correct?
A.
Yes, sir.
Q.
So the PPP loan for the business Tracy Wade did not go to
the bank account for Wade Funeral Home; correct?
A.
Correct.
Q.
And because there is no business named Tracy Wade, no
business that you're aware of named Tracy Wade made $112,430
in 2019 or any other year; correct?
A.
Repeat that question again.
Q.
Sure.
Because there is no business named Tracy Wade that
you're aware of, you're not aware of any business named Tracy
Wade making $112,430 ever?
A.
No, sir.
Q.
I've just connected to the HDMI and you should see on your
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - CROSS
57
screen three exhibits that are in evidence in this case.
Those are Government's Exhibit 157 on the left side of your
screen, 158 on the right side of your screen, and 159 in the
center of the screen. Do you see that on the screen in front
of you, Mr. Wade?
A.
Yes, I do.
Q.
And you know what these documents are; correct?
A.
I've learned what these documents are.
Q.
You've learned. So let's go over what you've learned.
Let's start with 157, and I'm going to enlarge for
you the top portion here. Now, you just testified that
there's no business named Tracy Wade, no business has that
business legal name; correct?
A.
There's no legal business named Tracy Wade.
Q.
So where it says here "business legal name Tracy Wade,"
that's false; right?
A.
That's false.
Q.
And the top section where it says "sole proprietor," you
don't have a sole proprietorship named Tracy Wade; correct?
A.
No, sir.
Q.
So that's false; correct?
A.
Correct.
Q.
And the business address that we just went over, 315 West
Pembroke Road, that's not for a business named Tracy Wade;
correct?
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Lance W. Steinbeisser, Official Court Reporter
TRACY WADE - CROSS
58
A.
No, sir.
Q.
So that's false? Yes?
A.
Yes.
Q.
And the total amount of gross income from an IRS
Schedule C -- from 1040 Schedule C, line 7, showing $112,430
in this document that's in front of you, Government 157,
that's false; right?
A.
Absolutely.
Q.
No dispute about that.
You've testified that the d/b/a Tracy Wade, that's
false; correct?
A.
Yes, sir.
Q.
And the year of establishment, that's false?
A.
Yes, sir.
Q.
The business TIN, that's not a business TIN, to your
knowledge. That's a Social Security number; correct?
A.
Yes, yes.
Q.
That's your social.
So that's your social. That's not a social for
business with the legal name Tracy Wade?
A.
That's my personal Social Security number.
Q.
Okay. And that's your phone number; correct?
A.
Yes, it is.
Q.
All right. And that's your email address?
A.
My personal email.
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Q.
Your personal email address, your personal cell phone
ending in 1512; correct?
A.
Yes, it is.
Q.
So that's not for -- you said personal. That's not for
business; correct?
A.
For business.
Q.
So where it says business phone, that's false. Do you
agree with that?
A.
Yes, sir.
Q.
Now, I've just noted eight pieces of information on the
front page of Government's Exhibit 157 that's false. Would
you agree with that?
A.
Yes, sir.
Q.
Let's take a look at Government 158. Let me make it a
little bit larger. I'm going to enlarge the same section. Do
you see Government 158 enlarged?
A.
Yes, sir.
Q.
By the way, what does it say at the top there, the very
top?
A.
It says, "DocuSign envelope ID."
Q.
Correct.
There's a DocuSign envelope ID. And just for the
record, that ends in 596E; correct?
A.
Okay.
Q.
And what's below that?
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TRACY WADE - CROSS
60
A.
There's a symbol.
Q.
A symbol, okay.
Do you see any words to the right of the symbol in
the center of the application?
A.
To the right of it it says, "Paycheck Protection Program."
Q.
Yeah.
And what does it say in the line below that?
A.
Borrower application form for Schedule C filers using
gross income.
Q.
Now, would you agree that the information that is in
Government 158 that I've enlarged is identical to the
information that I just went through with you in step in 157.
Do you agree with that?
A.
Yes, it is.
Q.
So we don't need to go through it again. You would agree,
would you not, that the information that we just went over,
because it's identical, is also false in 158; correct?
A.
Correct.
Q.
All right. And now let's look at 159. Do you see the
section I've enlarged --
A.
Yes.
Q.
-- from Government 159?
And this has a DocuSign envelope ID at the top that
has the last four characters BBBC; is that right?
A.
Yes, sir.
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Q.
So different envelope ID than the one we just looked at
from Government 158. But other than that, you would agree
that the information that I've enlarged here, the top portion
of this Paycheck Protection Program borrower application form
for Schedule C filers using gross income is identical to the
information we've just looked at in 157 and 158; right?
A.
Yes.
Q.
So with respect to that, it's equally false; correct?
A.
Equally false.
Q.
Now, you had no Schedule C that was filed with your
individual tax return; correct?
A.
Correct.
Q.
In fact, I believe you just testified when Mr. McCray was
asking you that question that you didn't know what a
Schedule C was until before this case. Is that your
testimony?
A.
No. I learned about it in the prior proceeding. That's
what I stated.
Q.
Okay. Fair enough.
That's when you first -- some other prior proceeding,
that's when you first learned about what a Schedule C was?
A.
Yes, sir.
Q.
Okay. And just so we're clear, 2018, you never filed a
Schedule C; correct?
A.
For Wade Funeral Home?
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Q.
No. Just -- well --
A.
I personally have never filed a Schedule C with my CPA
ever.
Q.
Okay. So that means that for 2018, 2019, 2020, 2021,
Tracy Wade, the individual sitting here today, he never filed
a Schedule C; correct?
A.
Correct.
Q.
Haydee Rivero, do you know that name?
A.
Yes, sir.
Q.
She used to be known as Haydee Granados; correct?
A.
Correct.
Q.
She created a Schedule C for your PPP loan application;
correct?
A.
Correct.
Q.
And the Schedule C that Ms. Rivero created for you
contained information that she testified she completely made
up; right?
A.
Some of it she made up.
Q.
Some of it she made up. I guess that's fair.
She did put your name correct, so that part wasn't
false. She put your -- well, let's just look at it. Let's
just look at it. Publishing Government 154 in evidence. Do
you see that on your screen?
A.
Yes, sir.
Q.
This is the Schedule C that Haydee Rivero created for you;
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right?
A.
Yes, sir.
Q.
And your name is correct although there is no business
named Tracy Wade; right?
A.
My name is Tracy Wade, but I don't have a business named
Tracy Wade.
Q.
Right.
So the fact that it says name of proprietor or
principal business or profession Tracy Wade, that's false. Do
you agree with that?
A.
That's false.
Q.
That is your Social Security number; correct?
A.
Yes, it is.
Q.
And the only way she had that was because you gave it to
her; right?
A.
I provided it to her.
Q.
Okay. And there's a business address there, but that's
not the business address for Tracy Wade. We've gone over
that; right?
A.
Yes, sir.
Q.
That's the business address for Wade Funeral Home.
You were shown -- I think it was maybe the last
exhibit by Mr. McCray -- a cover letter from Perez Accounting
attached to which was one of the tax returns for Wade Funeral
Home that Perez Accounting prepared; right?
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Q.
And do you below that Galaxy S21 U 5G?
A.
Okay.
Q.
Any reason to doubt that you had a Galaxy S21 U 5G
assigned to phone number ending in 1512?
A.
No, sir.
Q.
So you accept this as true?
A.
I accept that as true.
Q.
Okay. Now, your cell phone service provided by Verizon
Wireless in 2021 in the months that I just mentioned had a
data plan; correct? It allowed you to use -- access the
Internet from your cell phone, which was then a Samsung Galaxy
S21; right?
A.
Yes, sir.
Q.
And just like most people, you use the Internet from your
cell phone when you're out and about; right?
A.
Yes, sir.
Q.
You don't need to be connected to a Wi-Fi network in order
to access the Internet from your cell phone because you have a
data plan that allows you to access the Internet on Verizon's
network; right?
A.
That's not necessarily so. Sometimes, depending on where
you are and if you're in a place where your phone is not
getting good connection, you do need to use Wi-Fi.
Q.
That's right, but listen to the question.
Sometimes -- I think my question was you had the
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ability; right? You could use Verizon's network without Wi-Fi
to access the Internet?
A.
Yes.
Q.
And you did do that; right?
A.
Yes, sir.
Q.
Of course.
Now, in this case -- and you've been sitting with us,
of course, throughout the entire trial. Yes?
A.
Yes, sir.
Q.
So you've seen that in this case Verizon Wireless sent the
United States Government a list of certain IP addresses that
started with 174 that Verizon testified, through its witness,
it owned in 2021; correct?
A.
Yes, sir.
Q.
And for the record, that was Government Exhibit 805, which
I have just published. Do you see that?
A.
Yes, sir.
Q.
And so do you have any reason to doubt that those were not
Verizon Wireless IP addresses in 2021?
A.
No, sir.
Q.
You accept that as true?
A.
Yes, sir.
Q.
Every single one that's --
A.
Every single one, absolutely.
Q.
You've also seen in this case what the IP address that
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AT&T had assigned to the Wade Funeral Home in the time period
that we're talking about, April and May of 2021; correct?
A.
Yes, sir.
Q.
And that is in evidence as Government Exhibit 601, which I
will publish.
And you don't dispute that the Wade Funeral Home IP
address during this period was 104.9.107.166; right? You
don't dispute that?
A.
No, I do not.
Q.
Do you accept that as true?
A.
Yes.
Q.
And we've also seen that AT&T provided Internet service to
your home; correct?
A.
Yes, sir.
Q.
And I'm publishing Government Exhibit 600. You have no
reason to doubt that the IP address that AT&T assigned to your
residence where you lived with Carolyn Wade during this
period, that IP was 107.131.161.84. Do you accept that?
A.
Yes.
Q.
There has been in this case a lot of records from a
company called Womply; right?
A.
Yes, sir.
Q.
And those records are now in evidence; correct?
A.
Yes, sir.
Q.
And those records show, Mr. Wade, that you had a lot of
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are the first two transactions with respect to this account,
this application, that's you conducting that activity from the
Wade Funeral Home using the Internet connection that has an IP
address ending in 166; right?
A.
Yes, sir.
Q.
So that's Tracy Wade.
And if we go up to slide one, these are the login
attempts for May 4, 2021; correct?
A.
Yes, sir.
Q.
And those show five logins by you, Tracy Wade; right?
A.
You said attempts initially. So is it a login or is it an
attempt?
Q.
Well, do you see where it says "success"? What does it
say under success?
A.
Okay.
Q.
I'm sorry. What does it say?
A.
It says true.
Q.
It says true.
And you heard the testimony that when it says true,
that means the login was successful; right?
A.
Yes, sir.
Q.
Do you accept that as true, that fact?
A.
Yes, sir.
Q.
So these were successful logins by Tracy Wade on May 4,
2021, one, two, three, four, five. Do you accept that?
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A.
Yes, sir.
Q.
We're now on page 8 or slide eight. These are login
attempts on May 5, 2021, and the last one there, which is from
a Verizon Wireless IP address, with the cell phone model that
you had at the time, a Galaxy S21 U 5G; correct?
A.
Correct.
Q.
So that is you, Mr. Wade, logging in on May 5th, 2021, to
your PPP loan application; correct?
A.
Yes, sir.
Q.
On slide nine, this is now May 6, 2021. This is you,
Mr. Wade, logging in, one, two, three, four times using your
cell phone, the Galaxy S 21 U 5G while on Verizon's network.
Yes?
A.
Yes, sir.
Q.
We're now on slide 31. These show login attempts on
May 19, 2021; correct?
A.
Correct.
Q.
And there's two logins on this page. Yes?
A.
Yes.
Q.
Okay. And that's you, Mr. Wade, logging into Womply's
portal for your application twice on May 19, 2021; correct?
A.
Correct.
Q.
And that's you using -- it's a cell phone you were using.
We're now looking at slide 33, which shows two login
attempts on May 20, 2021; correct?
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80
A.
Yes, sir.
Q.
Now we'll go to slide 62, which is a login attempt on
July 26, 2021, and you, Mr. Wade, logged in then at 5:56 PM
Eastern; correct?
A.
Yes, sir.
Q.
So I can go back, if you want to count them, but -- or you
can -- if you want to count them, you're free to, but I
counted 17 successful logins by you, Tracy Wade, into your PPP
loan application on Womply's website between May 4, 2021, and
July 26, 2021.
MR. MCCRAY: Objection, Judge. There's no question.
BY MR. SNIDER:
Q.
Is that right?
THE COURT: What is the question?
BY MR. SNIDER:
Q.
Does that seem right to you, 17 logins?
A.
Was I logging in? What was I doing in these logins?
Q.
That's not my question.
Did you log in 17 times between May 4, 2021, and
July 26, 2021?
A.
Where do you show me logging in at?
Q.
I'm sorry?
A.
Yeah, it shows me logging in.
Q.
17 times?
A.
Yes.
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accept that that is Ms. Granados, now Ms. Rivero, uploading
your Schedule C into your application on or about May 6, 2021?
A.
I can't confirm that because it just says "file upload."
So I don't know if she's uploading that Schedule C or some
other application documents with this. I don't know what
she's uploading.
Q.
But let's get back to my earlier question.
You logged in, based on what we just looked at,
multiple times after this date. Yes?
A.
Okay. Yes.
Q.
So 17 logins, many of which were after the Schedule C was
uploaded; correct?
A.
Correct.
Q.
And it's your testimony --
A.
Well, I don't know -- I don't know if that's correct.
You're telling me. I don't know.
Q.
Well, that's what the data shows. Do you have any reason
to doubt the data?
A.
I see two -- when looking on here, it says two -- after
her, it's only two logins.
Q.
Well, we're not looking at the logins. These are just the
events. You have to go to look at this screen.
A.
Oh, okay.
Q.
So between the events, the uploads here and the logins,
you agree that you logged in after Ms. Rivero had uploaded
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your Schedule C. Yes?
A.
Yes, sir.
Q.
And it's your testimony to this jury that in those 17
times that you logged in, some of which were after she
uploaded the Schedule C, you had no idea there was false
information in your PPP loan application?
A.
That is absolutely what I'm testifying to.
Q.
You didn't see a business name named Tracy Wade?
A.
No, sir.
Q.
You didn't see a date of establishment of 2011? You
didn't see a d/b/a? You didn't see any of the false
information? 17 logins.
A.
No, sir. No, sir.
Q.
Now, you said, I think a couple minutes ago, that you
weren't sure what you were doing when you logged in. You may
have just logged in. You may have done something else;
correct?
A.
Yes, sir.
Q.
And, in fact, you did do more on some occasions than just
log in; right?
A.
Yes, sir.
Q.
You uploaded documents like a bank statement; right?
A.
Yes, sir.
Q.
You linked your bank account, meaning putting in the
routing number and account number for your personal joint
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Q.
Well, do you have any reason to doubt this data?
A.
No, sir.
Q.
And slide six, these are additional events to your PPP
application on May 5, 2021, and the ones that are highlighted
are you conducting those events; correct?
A.
Correct.
Q.
That is file upload, and the first line that is
highlighted. Yes?
A.
Okay.
Q.
And the file that you uploaded is a Four Star checking
7309.pdf. Do you see that?
A.
Okay.
Q.
Well, do you see it?
A.
Yes, sir.
Q.
And that's what the data shows?
A.
That's what the data shows.
Q.
And you've testified now that you have no reason to doubt
this data; correct?
A.
That's what it says.
Q.
Okay. And below that, a bank account was linked. Yes?
A.
Yes.
Q.
Okay. And that's you conducting that transaction. Yes?
A.
Yes.
Q.
So those are the events that occurred -- when I say an
event, it is either an upload or a link; correct?
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it?
A.
Yes, sir.
Q.
Why don't you just go ahead and read that number.
A.
It ends in 84.
Q.
Okay. And 107.131.161.84; correct?
A.
Yes, sir.
Q.
All right. Well, do you see the IP address
107.131.161.84? For the record, we're looking at slide 67 of
the Government's demonstrative marked as 1000.
Do you see the IP address 107.131.161.84?
A.
Yes, sir.
Q.
That's the IP address that's assigned -- was assigned to
your home.
A.
Okay.
Q.
You signed this at home, sir.
THE COURT: Is there a question?
BY MR. SNIDER:
Q.
Did you sign this at home?
A.
As I remember clearly, when the DocuSign came to me, I was
instructed to forward it to Ms. Granados. We're talking about
something that's four years old from now. I don't exactly
remember the chain of events. Initially, it was forwarded to
Ms. Granados.
Q.
Well, before we go down the chain of events, let's start
at the last event, which is signing this by DocuSign with an
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IP address that ends in 84. That IP address, sir, was
assigned to your home when this was executed; correct?
A.
That's what it says.
Q.
And do you have any reason to dispute the accuracy of
AT&T's record of the IP address that they provided to your
home?
A.
No, sir.
Q.
So this is you, sir, signing by DocuSign at home; correct?
A.
Just showing that it was done at the IP address at home --
at my house.
Q.
So someone else -- what are you saying, sir? Did someone
else at your home sign this for you?
A.
It says the IP address here is associated with AT&T, and
we had AT&T at that given time.
Q.
Yes.
And that's the IP address that was used to sign this;
correct?
A.
That's what it states.
Q.
And are you saying to this jury that you didn't sign it?
A.
I just told you from my recollection of how this IP -- how
the DocuSign went from when it came in. I don't recall
signing it because --
Q.
But you agree that was it signed using your home Internet
connection. Do you agree with that?
A.
That's what it says.
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