Court filing
Indictment — United States v. Tracy D. Wade (Dkt. 104, S.D. Fla. No. 0:23-cr-60173)
Filed July 16, 2024 in United States v. Tracy D. Wade; one of 133 filings from this case.
Record facts
| Court | U.S. District Court for the Southern District of Florida |
|---|---|
| Filed | 2024-07-16 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 104 · 2024-07-16 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-60173-CR-WILLIAMS(s)
UNITED STATES OF AMERICA
vs.
CAROLYN DENISE WADE and
TRACY D. WADE,
Defendants.
/
UNOPPOSED MOTION BY THE UNITED STATES FOR EXTENSION OF TIME
TO FILE MEMORANDUM IN CONNECTION WITH RULE 44(c) GARCIA HEARING
The United States of America, by and through its undersigned counsel, hereby files this
unopposed motion seeking an extension of time until July 24, 2024, to file a memorandum in
connection with the Rule 44(c) Garcia hearing held on July 15, 2024, as to Defendants Carolyn
Denise Wade and Trade D. Wade (collectively, “Defendants”). In support thereof, the United
States asserts the following:
1.
On September 14, 2023, a grand jury sitting in the Fort Lauderdale Division of this
Court (the “Grand Jury”) returned an indictment (ECF No. 3) charging Defendant Carolyn Wade
with one count of wire fraud, in violation of Tile 18, United States Code, Section 1343. Carolyn
Wade proceeded to a jury trial, which commenced on May 13, 2024, in the Miami Division before
Judge Graham (to whom Judge Williams, the assigned district judge, referred the case for trial).
After the government rested its case-in-chief, the defense called one witness: Tracy Wade, the
husband of Carolyn Wade. The case was submitted to the jury on May 20, 2024. After two days
of deliberations, the jury was unable to reach a unanimous verdict. Judge Graham declared a
mistrial on May 21, 2024.
Case 0:23-cr-60173-KMW Document 104 Entered on FLSD Docket 07/16/2024 Page 1 of 4
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2.
On June 27, 2024, the Grand Jury returned a superseding indictment (ECF No. 88)
(the “SS Indictment”). The SS Indictment added Tracy Wade as a new defendant and the
following new charges: conspiracy to commit wire fraud, in violation of Tile 18, United States
Code, Section 1349 (as to both Defendants); wire fraud, in violation of Tile 18, United States Code,
Section 1343 (as to Tracy Wade); conspiracy to make false statements to the Small Business
Administration (“SBA”) (as to both Defendants); and false statements to the SBA (as to both
Defendants).
3.
On July 1, 2024, Defendant Tracy Wade made an initial appearance in the Fort
Lauderdale Division as to the SS Indictment. Attorneys Johnny McCray and Daryl Wilcox, who
are permanent counsel of record for Carolyn Wade in this matter, each entered a temporary notice
of appearance for Tracy Wade (ECF Nos. 95 and 96). After setting bond, the Court set a Garcia
hearing pursuant to Rule 44(c) for July 15, 2024.
4.
On July 15, 2024, United States Magistrate Judge Jared M. Strauss conducted the
Garcia hearing outside the presence of the government.1 At the conclusion of the hearing, Judge
Strauss reserved final ruling on acceptance of Defendants’ waiver of conflict-free counsel to permit
the government to submit by July 17, 2024, a memorandum and/or proffer to supplement the record
concerning any potential or actual conflict arising from the proposed joint representation of
Defendants in this matter by Mr. McCray and Mr. Wilcox.
1 Assistant U.S. Attorney Alicia Shick appeared for the government. The undersigned Assistant U.S.
Attorney, who is counsel of record and the lead attorney for the government in this case, was unable to
appear at the hearing due to an unforeseen, travel-related conflict. Because of the undersigned’s
unexpected absence, the government requested a one-day continuance, to which Defendants objected. The
Court proceeded with hearing by taking testimony of Defendants, but advised it would permit the
government to thereafter make a written submission.
Case 0:23-cr-60173-KMW Document 104 Entered on FLSD Docket 07/16/2024 Page 2 of 4
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5.
Although the government takes no position on the proposed joint representation,
the government believes that, to ensure that Defendants are fully informed of any potential or
actual conflicts, and that any waiver of conflict-free counsel is made knowingly and intelligently
consistent with United States v. Garcia, 447 F.3d 1327 (11th Cir. 2006), the Court should have the
benefit of the transcript of Tracy Wade’s testimony as a defense witness at Carolyn Wade’s May
2024 trial. The government is therefore making this request for a 7-day extension of time (from
July 17, 2024 to July 24, 2024) to allow the government to obtain the transcript of Mr. Wade’s
testimony, review it, and incorporate any pertinent facts into its memorandum.
6.
The government ordered the transcript of Mr. Wade’s testimony on July 16, 2024,
and expects to receive it on or before July 20, 2024.
7.
The requested extension will not cause any delay in the government’s response to
the standing discovery order, which was entered on July 15, 2024 as to Defendants (ECF Nos. 99
and 100).
Certificate Pursuant to Local Rule 88.9
Pursuant to Local Rule 88.9, undersigned counsel contacted counsel of record for
Defendants, Attorneys Johnny McCray and Daryl Wilcox, by phone and email on July 16, 2024,
for their position on the relief requested herein by the government. Defense counsel advised that
they have no objection.
Case 0:23-cr-60173-KMW Document 104 Entered on FLSD Docket 07/16/2024 Page 3 of 4
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Conclusion
For the foregoing reasons, the United States of America respectfully asks the Court to grant
this Motion and permit the government to file on or before July 24, 2024, a memorandum in
connection with the Rule 44(c) Garcia hearing held on July 15, 2024, as to Defendants Carolyn
Denise Wade and Trade D. Wade.
Respectfully submitted,
MARKENZY LAPOINTE
UNITED STATES ATTORNEY
By: /s/ David A. Snider
David A. Snider
Assistant United States Attorney
Court ID No. A5502260
500 E. Broward Blvd
Fort Lauderdale, FL 33394
Tel: (954) 660-5696
Fax: (954) 356-7336
Email: david.snider@usdoj.gov
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