Court filing
Information — United States v. Tracy D. Wade (Dkt. 132, S.D. Fla. No. 0:23-cr-60173)
Filed August 21, 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 | 2024-08-21 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 132 · 2024-08-21 · Docket on CourtListener
Full text
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-60173-CR-WILLIAMS (GRAHAM)
UNITED STATES OF AMERICA,
:
Plaintiff,
:
vs.
:
CAROLYN DENISE WADE and
:
TRACY D. WADE,
:
Defendants :
/
DEFENDANTS MOTION FOR
SPECIFIC KYLES AND BRADY INFORMATION
The Defendants, Carolyn Denise Wade and Tracy D. Wade, through
counsel and pursuant to the dictates of Brady v. Maryland, 373 U.S. 83, 83 S. Ct.
1194 (1963); Kyles v. Whitley, 514 U.S. 419, 115 S. Ct. 1555 (1995); United States v.
Bagley, 473 U.S. 667 (1985), United States v. Giglio, 405 U.S. 150 (1972) and Fed. R.
Crim. P. 16, respectfully move for the entry of an order requiring the government to
disclose and provide specific information and materials known, or that with the
exercise of due diligence should be known, to the government. The information sought
is favorable to the defendants on the issue of their innocence and/or includes
impeachment information and other material and evidence tending to discredit the
Case 0:23-cr-60173-KMW Document 132 Entered on FLSD Docket 08/21/2024 Page 1 of 6
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government’s cooperating witness Haydee Granados. In support thereof, Ms. Wade
and Mr. Wade state:
Procedural and Factual Background
Ms. Wade and Mr. Wade are charged in a superseding indictment with
multiple counts related to receiving Paycheck Protection Program (PPP) loans by
causing the submission of PPP loan applications that contained materially false
information. See (DE 88, count 1, ¶ 20). In count 1 of the superseding indictment,
the government alleges that Ms. Wade and Mr. Wade conspired to commit wire fraud
with Haydee Rivero f/k/a Haydee Granados, in violation of 18 U.S.C. § 1349. (DE 88,
¶ 18).
The government further alleges that Haydee Rivero f/k/a Haydee Granados
prepared, created and uploaded false fictitious IRS Schedule C forms in support of
the PPP loan applications for Ms. and Mr. Wade. (DE 88, ¶¶ 20 and 23). Additionally,
the government alleges that Haydee Rivero f/k/a Haydee Granados inputted and
transmitted to a loan processor’s website, materially false information in the PPP
loan applications for Ms. Wade and Mr. Wade (DE 88 ¶ 22).
Haydee Rivero f/k/a Haydee Granados is charged separately in an information
with one count of conspiracy to defraud the United States in violation of 18 U.S.C. §
371, United States v. Haydee Rivero f/k/a Haydee Granados, case no. 21-60124-Cr-
Smith. Undoubtedly, this single charge by way of information is because Haydee
Granados agreed to be a cooperating witness for the government against the Wades.
Case 0:23-cr-60173-KMW Document 132 Entered on FLSD Docket 08/21/2024 Page 2 of 6
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Prior to the filing of the instant superseding indictment, Ms. Wade was
singularly charged with one count of wire fraud for submitting false information when
obtaining the same PPP loan referenced in the superseding indictment. (DE 3). Ms.
Wade was tried on the original indictment and after a six-day jury trial, the jury was
unable to reach a unanimous decision, and the Court declared a mistrial. (DE 62-69).
During the trial, it was established that the IP address ending in 125 was
associated with Haydee Granados. (DE 111, Transcript of Agent Kelly Dipietrantonio,
pg. 6, lns. 14-17). It was further established during the trial that Haydee Granados’s
IP address was involved in the preparation of approximately 20 PPP loan applications
that had nothing to do with Carolyn Wade. (DE 111, pgs 27-28).
As part of its discovery obligations, the government has provided the defense
with a report of an interview of Haydee Granados which appears to be a debriefing.
During the interview, Haydee Granados admitted to allowing an individual to use
false information to obtain a PPP loan for herself. Additionally, Haydee Granados
admitted to using false information to obtain PPP loans for Ms. Wade and Mr. Wade.
Specific Information Requested
A.
Any PPP loan application associated with IP address 76.110.183.125
(Haydee Granados’s IP address).
B.
Any PPP loan application associated with IP address 76.110.183.125
(Haydee Granados’s IP address) that contains false information.
C.
Any information that Haydee Granados included false information
when preparing any PPP loan application or application for PPP loan forgiveness.
Case 0:23-cr-60173-KMW Document 132 Entered on FLSD Docket 08/21/2024 Page 3 of 6
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D.
Any information that Haydee Granados has previously engaged in any
fraudulent conduct.
E.
Any information that Haydee Granados has previously made a false
statement to a government agency.
F.
Any statement made by Haydee Granados that conflicts in part or in
whole with: (1) prior statement made by Haydee Granados; or a (2) a prior statement
made by another government witness, regarding the subject matter of the expected
trial testimony of witness.
G.
Any promises, favorable treatment or preferential treatment the
government has made or provided to Haydee Granados in exchange for her testimony.
H.
Names and addresses and any contact information for the twenty one
(20) PPP and or EIDL loan applications and any other PPP or EIDL applications
prepared by Haydee Granados aka Haydee Rivero.
Memorandum of Law
The suppression by the prosecution of evidence favorable to the accused
violates due process where the evidence is material to guilt or punishment,
irrespective of the good faith or bad faith of the prosecutor. Brady v. Maryland, 373
U.S. 83, 87, 83 S.Ct. 1194, 1196-97 (1963). Impeachment as well as exculpatory
evidence falls within the Brady rule. United States v. Bagley, 473 U.S. 667, 675, 105
S.Ct. 3375, 3381 (1985). Evidence is material if there is a reasonable probability that,
had the evidence been disclosed to the defense, the result of the proceeding would
have been different. Bagley, 473 U.S. at 682, 105 S.Ct. at 3383.
Case 0:23-cr-60173-KMW Document 132 Entered on FLSD Docket 08/21/2024 Page 4 of 6
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An individual prosecutor has a duty to learn of any favorable evidence known
to others acting on behalf of the government, including the police. Kyles v. Whitney,
514 U.S. 419, 438, 115 S.Ct. 1555, 1567 (1995). Inadmissible evidence may be
material under Brady if the evidence would lead to the discovery of admissible
evidence. Spaziano v. Singletary, 36 F.3d 1028, 1044 (11th Cir. 1994). Promises made
by the government to a witness in exchange for their testimony must be disclosed
because they relate directly to the credibility of the witness. Giglio v. United States,
405 U.S. 150, 155, 92 S. Ct. 763, 766 (1972).
WHEREFORE, Defendant Carolyn Wade and Tracy Wade respectfully
request this Court grant the defendant’s motion and enter an order requiring the
government to disclose the above requested information.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing pleading
was electronically filed with the Clerk of the Court via CM/ECF. I also certify that
the foregoing pleading was served electronically on this date on all counsel of record
via Notice of Electronic Filing generated by CM/ECF on August 21, 2024.
Respectfully submitted,
/s/ Daryl E. Wilcox.___
Daryl E. Wilcox, Esquire
Attorney for Carolyn Wade and Tracy Wade
Florida Bar No.838845
5201 S.W. 18th Street
Plantation, Florida 33317
(954) 303-1457
darylewilcox06@gmail.com
Case 0:23-cr-60173-KMW Document 132 Entered on FLSD Docket 08/21/2024 Page 5 of 6
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/s/ Johnny L. McCray, Jr.
Fla. Bar Number 342319
Attorney for Defendants
Law Office of Johnny L. McCray, Jr. , P.A.
400 East Atlantic Boulevard
Pompano Beach, FL 33060
(954) 781-3662
mccrayjlaw@gmail.com
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