Information — United States v. Tracy D. Wade (Dkt. 135, S.D. Fla. No. 0:23-cr-60173)

Record facts

U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 135 · 2024-08-22 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 23-60173-CR-KMW(s) (GRAHAM) 
 
UNITED STATES OF AMERICA  
 
 
 
 
 
 
vs. 
 
 
 
 
  
   
 
 
CAROLYN DENISE WADE and 
TRACE D. WADE, 
 
            
 
Defendants. 
________________________________________/ 
 
UNITED STATES’ NOTICE OF INTENTION TO INTRODUCE EVIDENCE OF 
OTHER CRIMES, WRONGS, OR ACTS, PURSUANT TO FED. R. EVID. 404(b)(2)  
 
Introduction 
 
The United States of America, by and through its undersigned counsel, hereby provides 
notice to Defendants Carolyn Denise Wade and Tracy D. Wade (each a “Defendant” and 
collectively “Defendants”) of its intention to introduce evidence of other crimes, wrongs, or acts, 
pursuant to Rule 404(b)(2) of the Federal Rules of Evidence (FRE) (this “Notice”).  Specifically, 
as identified and described in greater detail herein, the United States seeks to introduce at trial 
documentary and testimonial evidence related to Small Business Administration (“SBA”) loan 
application numbers 3303453793, created on April 10, 2020, and 3000109849, created on May 7, 
2020, each of which sought an Economic Injury Disaster Loan (“EIDL”) and advance funds for 
Wade Funeral Home (collectively, the “Wade Funeral Home EIDL Applications”).   
 
The United States provides this Notice to Defendants as an alternative basis to admit 
evidence related to the Wade Funeral Home EIDL Applications to the extent that such evidence is 
not otherwise admitted at trial as direct evidence of, or inextricably intertwined with, the offenses 
charged in the Superseding Indictment.  Furthermore, the United States provides this Notice 
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regardless of how it intends to use evidence of the Wade Funeral Home EIDL Applications, i.e., 
during its case-in-chief as proof of motive, intent, knowledge, absence of mistake or accident, or 
identity; for impeachment; or for possible rebuttal.   
The Offenses Charged in the Superseding Indictment 
 
The Superseding Indictment, filed on June 27, 2024 (ECF No. 88) (the “S1 Indictment”), 
charges Defendants with one or more of the following offenses: conspiracy to commit wire fraud, 
in violation of Tile 18, United States Code, Section 1349; wire fraud, in violation of Tile 18, United 
States Code, Section 1343; conspiracy to make false statements to the SBA, in violation of Tile 
18, United States Code, Section 371; and false statements to the SBA, in violation of Title 15, 
Untied States Code, Section 645(a).   
With respect to the conspiracy to commit wire fraud (Count 1), the S1 Indictment alleges 
that, from May 2021 through August 2021, Defendants agreed with each other, with Haydee 
Rivero, f/k/a Haydee Granados (“Granados”), and with others, to obtain SBA Paycheck Protection 
Program (“PPP”) loans based upon materially false and fraudulent information, including fictitious 
tax documents.  The substantive wire fraud counts allege that, from May 2021 through August 
2021, Defendants devised a scheme and artifice to defraud in which they obtained PPP loans based 
upon materially false and fraudulent information, including fictitious tax documents.  Count 2 
charges Tracy Wade with causing the execution of a wire communication in interstate commerce 
related a fraudulent PPP loan in his name, and Count 3 charges both Defendants with causing the 
execution of a wire communication in interstate commerce related to a fraudulent PPP loan in 
Carolyn Wade’s name.   
The conspiracy to make false statements to the SBA (Count 4) alleges that, from May 2021 
through August 2021, Defendants agreed with each other, with Granados, and with others, to make 
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false statements to the SBA in PPP loan applications (using SBA Form 2483-C) and SBA PPP 
loan forgiveness applications (using SBA Form 3508S).  Additionally, Carolyn Wade and Tracy 
Wade are each charged individually with three counts of making false statements to the SBA in 
their respective PPP loan applications and forgiveness applications (Counts 5, 8, and 9 as to 
Carolyn Wade and Counts 6, 7, and 10 as to Tracy Wade).  
The PPP loan applications related to Carolyn Wade and Tracy Wade, which Defendants 
submitted and caused to be submitted in furtherance of one or more of the offenses alleged in the 
S1 Indictment, include the following:  
1) the PPP loan application created on May 4, 2021, and assigned Womply ID “bdcd28a5-
a9d0-4141-ba64-ad5ca515cb8b” (the “Tracy Wade PPP Application”);   
2) the PPP loan application created on May 4, 2021, and assigned Womply ID “72d63c08-
df04-4a1e-a649-c6cf086adfb7” (the “Carolyn Wade PPP Application”); and  
3) the PPP loan application created on May 6, 2021, and assigned SmartBiz application 
number “6781674” (the “Wade Funeral Home PPP Application”).   
The materially false and fraudulent representations in the Tracy Wade PPP Application, 
the Carolyn Wade PPP Application, and the Wade Funeral Home PPP Application include, but are 
not limited to, the following:  
 The Tracy Wade PPP Application included three SBA Forms 2483-C (PPP Borrower 
Application Forms for Schedule C Filers Using Gross Income) signed via DocuSign by 
Tracy Wade on May 18, 2021, May 19, 2021, and May 27, 2021, respectively.  Each 
SBA Form 2483-C in the Tracy Wade PPP Application falsely represented that a sole 
proprietorship with the business legal name “Tracy Wade” had gross income of 
“$112,430” in tax year 2019, and was supported by a fictitious IRS Form Schedule C 
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submitted therewith.  The Tracy Wade PPP Application was approved and resulted in 
the disbursement of $20,833 on June 3, 2021. 
 The Carolyn Wade PPP Application included two SBA Forms 2483-C (PPP Borrower 
Application Forms for Schedule C Filers Using Gross Income) signed via DocuSign by 
Carolyn Wade on May 18, 2021 and May 28, 2021, respectively.  Each SBA Form 
2483-C in the Carolyn Wade PPP Application falsely represented that a sole 
proprietorship with the business legal name “Carolyn Wade” had gross income of 
“$113,560” in tax year 2019, and was supported by a fictitious IRS Form Schedule C 
submitted therewith.  The Carolyn Wade PPP Application was approved and resulted 
in the disbursement of $20,833 on June 7, 2021. 
 The Wade Funeral Home PPP Application falsely represented, among other things, 
that, in 2020, Wade Funeral Home had “45” paid employees and gross payroll of 
“3,368,990.56.”  The Wade Funeral Home PPP Application was supported by several 
fictitious documents, including a fake IRS Form 941 purportedly for the first quarter 
of 2020 and three fake payroll documents.  Based on these (and other) false 
representations, the Wade Funeral Home PPP Application requested a PPP loan in the 
amount of $701,873.  The Wade Funeral Home PPP Application was conditionally 
approved by SBA on May 6, 2021, but ultimately declined on June 6, 2021.  
The Noticed 404(b) Evidence:  Wade Funeral Home EIDL Applications 
 
In addition to PPP loans, the SBA was authorized to issue loans and forgivable advance 
funds through its existing EIDL program for small businesses experiencing temporary loss of 
revenue due to the COVID-19 pandemic.  Eligibility for an EIDL due to the COVID-19 pandemic 
was based on the business applicant’s net profit, that is, the difference between gross revenue and 
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cost of goods sold, for the 12-month prior to January 31, 2020 (the start of the pandemic).  The 
maximum EIDL amount available was $150,000.  EIDL advance amounts were based on the 
business’s reported number of employees as of January 1, 2020.  The SBA provided $1,000 in 
EIDL advance funds for each employee on the applicant’s payroll, up to the maximum of 10 
employees ($10,000). 
 
At trial, the United States intends to offer, pursuant to Rule 404(b) or otherwise, documents 
and testimony concerning the Wade Funeral Home EIDL Applications.  A witness from the SBA 
will testify about the EIDL program during the COVID-19 pandemic and the content of Wade 
Funeral Home EIDL Applications received by the SBA.  The documents consist of certified 
records from the SBA concerning the Wade Funeral Home EIDL Applications, all of which the 
United States produced to Defendants in discovery on July 25, 2024 in an electronic folder named 
“EIDL (Tracy Wade).”  For purposes of this Notice, those records are identified as follows:1 
No. 
Description  
Bates Range 
1.  
SBA certified records related to SBA application 
number 3303453793 for Wade Funeral Home. 
23-60203-CR_006518 to  
23-60203-CR_006632 
2.  
SBA certified records related to SBA application 
number 3000109849 for Wade Funeral Home. 
23-60203-CR_006503 to  
23-60203-CR_006517 
 
 
The SBA’s certified records related to the Wade Funeral Home EIDL Applications show 
that Tracy Wade applied for two EIDL loans for Wade Funeral Home, each of which is described 
in turn below.   
i) 
Wade Funeral Home EIDL Application No. 3303453793. 
 
On April 10, 2020, Tracy Wade submitted EIDL application number 3303453793 for Wade 
 
1 The certification accompanying these records pursuant to Fed. R. Evid. 902(11) includes an inventory of each record 
related to the Wade Funeral Home EIDL Applications that the United States intends to offer pursuant to this Notice.  
The inventory of the records related to the Wade Funeral Home EIDL application number 3303453793 was produced 
bearing Bates number 23-60203-CR_006636.  The inventory of the records related to the Wade Funeral Home EIDL 
application number 3000109849 was produced bearing Bates number 23-60203-CR_006634. 
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Funeral Home (the “4/10 EIDL Application”).  The 4/10 EIDL Application represented that Tracy 
Wade was the 100% owner of Wade Funeral Home and supplied information about the business 
and about Tracy Wade, including Mr. Wade’s name, phone number, email address, social security 
number, date of birth, and address, among other information.  The application represented that, as 
of January 31, 2020, Wade Funeral Home had “10” employees; that its gross revenues for the prior 
12-months was $465 million (“$465,000,000.00”); and that its costs of goods sold for the prior 12-
months prior was $175 million (“$175,000,000.00”) (Bates no. 23-60173-CR_006578).  The 4/10 
EIDL Application requested an advance of $10,000 (based on 10 employees) (Bates no. 23-60173-
CR_006580).  Additionally, the 4/10 EIDL Application represented that no one had assisted Tracy 
Wade in completing the application, and affirmatively certified under penalty of perjury that all 
the information contained therein was true and correct (Bates no. 23-60173-CR_006580-81).   
 
The $10,000 advance requested in the 4/10 EIDL Application was approved on May 1, 
2020 and disbursed to Tracy Wade the next day, May 2.   
 
On May 28, 2020, Tracy Wade called the SBA to check the status of the loan.  The SBA 
advised him that it was still processing.  On August 13, 2020, Tracy Wade called again to check 
on the status of the loan.  The SBA advised him that his email address needed to be updated, which 
Mr. Wade thereafter corrected.  
 
 
On August 16, 2020, the SBA noted the following to the assigned Loan Officer (“LO”): 
“We need to substantiate the 465 million dollars the application is stating this business does.  In 
googling the business it appears as if this is a fairly small operation.  LO to request most full copy 
of the most recent tax return to verify revenues/COGS [cost of goods sold] and ownership.” (Bates 
no. 23-60173-CR_006530). 
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On August 17, 2020, at approximately 9:25 a.m. ET, Tracy Wade called the SBA to check 
the status of the loan and was advised that it was still in review.  Later that day, at approximately 
3:18 p.m., the LO spoke with Tracy Wade, verified Mr. Wade’s identity, and informed Mr. Wade 
that, to avoid decline of the 4/10 EIDL Application, the SBA needed to receive within 24 hours a 
full copy of the 2019 business tax return that was sent to the IRS.  At approximately 4:38 p.m., the 
SBA received a 2019 business tax return for Wade Funeral Home, which reflected 2019 revenue 
of $345,359 (not $465 million) and 2019 cost of goods sold of $165,339 (not $175 million).  The 
SBA updated the 4/10 EIDL Application accordingly, and noted that Wade Funeral Home no 
longer qualified for the maximum available EIDL ($150,000).  Instead, based on the revised 
revenue and cost of good sold reflected in the 2019 tax return, the SBA approved an EIDL for 
Wade Funeral Home in the amount of $80,100.  Tracy Wade signed the note for this EIDL and 
related documents on August 25, 2020, and the $80,100 loan was disbursed to Mr. Wade on August 
27, 2020.  A supplemental targeted advance for this loan was approved in the amount of $5,000 
on July 2, 2021, and was disbursed to Tracy Wade on July 6, 2021.  
ii) 
Wade Funeral Home EIDL Application No. 3000109849. 
 
On May 7, 2020, Tracy Wade submitted EIDL application number 3000109849 for Wade 
Funeral Home (the “5/7 EIDL Application”).  The 5/7 EIDL Application represented that Tracy 
Wade was the 100% owner of Wade Funeral Home and supplied information about the business 
and about Tracy Wade, including Mr. Wade’s name, phone number, email address, social security 
number, date of birth, and address, among other information.  The application represented that, as 
of January 31, 2020, Wade Funeral Home had “5” employees; that its gross revenues for the prior 
12-months was $350 million (“$350,000,000.00”); and that its costs of goods sold for the prior 12-
months prior was $250 million (“$250,000,000.00”) (Bates no. 23-60173-CR_006514).  The 5/7 
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EIDL Application requested an advance of $5,000 (based on 5 employees) (Bates no. 23-60173-
CR_006516).  Additionally, the 5/7 EIDL Application represented that no one had assisted Tracy 
Wade in completing the application, and affirmatively certified under penalty of perjury that all 
the information contained therein was true and correct (Bates no. 23-60173-CR_006516-17).  On 
June 16, 2020, the SBA identified the 5/7 EIDL Application as duplicative of the 4/10 EIDL 
Application, and no further action was taken. 
The Evidence Noticed Herein is Admissible Under Fed. R. Evid. 404(b)(2) 
 
 
To the extent not otherwise admitted at trial as direct evidence or necessary to complete 
the story of the charged crimes and/or as inextricably intertwined, the evidence noticed herein is 
admissible under Rule 404(b)(2).  Rule 404(b) provides that “[e]vidence of other crimes, wrongs, 
or acts” may be admitted “as proof of motive, opportunity, intent, preparation, plan, knowledge, 
identity, or absence of mistake or accident” with respect to the charged offense.  F.R.E. 404(b)(2).  
Importantly, Rule 404(b) is a rule of “inclusion which allows [extrinsic] evidence unless it tends 
to prove only criminal propensity.”  See United States v. Stephens, 365 F.3d 967, 975 (11th Cir. 
2004) (quoting United States v. Cohen, 888 F.2d 770, 776 (11th Cir. 1989) (internal quotations 
omitted)); United States v. Jernigan, 341 F.3d 1273, 1280 (11th Cir. 2003) (“Rule 404(b) is a rule 
of inclusion, and . . . accordingly 404(b) evidence, like other relevant evidence, should not be 
lightly excluded when it is central to the prosecution’s case.”).  Rule 404(b) evidence is not limited 
to criminal convictions, but can consist of uncharged crimes, wrongs, or other acts. 
A district court wields considerable discretion in deciding whether to admit other crimes, 
wrongs, or other acts evidence under Rule 404(b).  United States v. Hicks, 798 F.2d 446, 451 (11th 
Cir. 1986).  The test for admissibility of Rule 404(b) evidence is as follows: (1) the evidence must 
be relevant to an issue other than the defendant’s character; (2) the act must be established by 
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sufficient proof to permit a jury finding that the defendant committed the extrinsic act; and (3) the 
probative value of the evidence must not be substantially outweighed by its undue prejudice under 
Rule 403.  United States v. Miller, 959 F.2d 1535, 1538 (11th Cir. 1992) (en banc); see also United 
States v. Mills, 138 F.3d 928 (11th Cir. 1998).  The evidence relating to the Wade Funeral Home 
EIDL Applications, noticed herein, satisfies all three prongs.  
i) 
The evidence is relevant to an issue other than a Defendant’s character. 
The Wade Funeral Home Applications are relevant as proof of motive, intent, knowledge, 
absence of mistake or accident, and identity with respect to the charged offenses.   
As to motive and intent, the Wade Funeral Home EIDL Applications show that Tracy Wade 
was motived, and intended, to obtain pandemic assistance from the SBA that he was not entitled 
to receive.  Almost immediately after SBA became authorized to provide economic assistance in 
response to the pandemic, Tracy Wade started applying for SBA loans based on materially false 
information.  On April 10, 2020, Tracy Wade submitted his first EIDL application for Wade 
Funeral Home (the 4/10 EIDL Application), which inflated the business’s 2019 revenue and 
expenses by hundreds of millions of dollars.  Less than a month later, on May 7, 2020, and while 
4/10 EIDL Application was still pending, Tracy Wade submitted his second EIDL application for 
Wade Funeral Home (the 5/7 EIDL Application), which likewise inflated the business’s 2019 
revenue and expenses by hundreds of millions of dollars.  Thereafter, Tracy Wade called the SBA 
at least three times (on May 28, August 13, and August 17, 2020) to check the status of his pending 
applications.  Evidence of these prior acts is admissible under 404(b) to show that, with respect to 
the charged offenses in the S1 Indictment, Tracy Wade had the motive and requisite intent when 
he later submitted, or caused the submission of: 1) the Tracy Wade PPP Application (which falsely 
represented “$112,430” in 2019 gross revenue for a sole proprietorship that did not exist); 2) the 
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Carolyn Wade PPP Application (which falsely represented “$113,560” for a sole proprietorship 
that did not exist); and 3) the Wade Funeral Home PPP Application (which falsely represented 
that, for the year 2020, the business had 45 employees and $3 million in payroll).  
As to knowledge and absence of mistake or accident, the Wade Funeral Home EIDL 
Applications are admissible to show: 1) Tracy Wade knew that Wade Funeral Home did not have 
“45” employees nor “$3,368,990.56” in payroll; and 2) this false representation in the Wade 
Funeral Home PPP Application was not a mistake or accident.  With respect to the inflated number 
of employees, the EIDL records demonstrate Tracy Wade’s knowledge because, in the 4/10 and 
5/7 EIDL Applications, he certified under penalty of perjury that Wade Funeral Home had “10” 
employees and “5” employees, respectively.  With respect to the inflated payroll, the EIDL records 
demonstrate Tracy Wade’s knowledge because, in response to the SBA asking him to validate the 
$175 million in costs of goods sold he represented in the 4/10 EIDL Application, Tracy Wade 
supplied a 2019 business tax return showing that Wade Funeral Home’s total expenses before the 
pandemic was only $165,339.2   
Furthermore, Tracy Wade’s prior acts of inflating Wade Funeral Home’s revenue and 
expenses is admissible proof that the subsequent inflation of revenue and expenses alleged in the 
charged offenses (that is, in the Tracy Wade, Carolyn Wade, and Wade Funeral Home PPP 
Applications) was not a mistake or accident.  Such 404(b) evidence serves as proof that inflating 
business revenue and expenses was the modus operandi used by Defendants in the charged 
offenses to obtain pandemic assistance that they were not entitled to receive.  It also establishes 
Tracy Wade’s familiarity with applying for pandemic assistance through the SBA.  That is, Tracy 
Wade certified under penalty of perjury that he completed both the 4/10 EIDL Application and the 
 
2 The 2019 and 2020 tax returns for Wade Funeral Home are admissible as direct evidence that Wade Funeral Home 
did not have $3 million in payroll in 2020. 
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5/7 EIDL Application without third-party assistance, and the records of his phone calls with the 
SBA inquiring about the Wade Funeral Home EIDL Applications further corroborate that Tracy 
Wade was directly involved in the application processes.  Having twice applied for pandemic 
assistance through the EIDL program before seeking PPP loans, and inflating business revenue 
and expenses in each prior instance, such evidence is admissible under 404(b) to establish that 
Tracy Wade did not accidently or mistakenly inflate the revenue and expenses in the PPP 
applications alleged in the S1 Indictment. 
Finally, as to identity, the 404(b) evidence is also admissible to prove that Tracy Wade was 
one of the persons who committed the charged offenses.  As noted above, both the 4/10 and 5/7 
EIDL Applications contained Tracy Wade’s personally identifiable information (e.g., his date of 
birth, social security number, and address).  These documents also contained certifications, under 
penalty of perjury, that Tracy Wade was the 100% owner of Wade Funeral Home, and that he 
completed both the 4/10 EIDL Application and the 5/7 EIDL Applications without third-party 
assistance.  The EIDL records show that Tracy Wade called the SBA multiple times to inquire 
about his pending EIDL loans, and that the SBA verified his identity during the call.  Because this 
evidence clearly shows that Tracy Wade acted on behalf of Wade Funeral Home to seek pandemic 
assistance from the SBA through the EIDL program, such evidence is admissible under 404(b) to 
prove Tracy Wade’s identity with respect to the charged offenses. 
ii) 
Sufficient proof exists to permit a jury to find that Tracy Wade committed the 
extrinsic acts. 
 
Under this second prong, the government must prove by a preponderance of the evidence 
that the extrinsic act occurred.  United States v. Lamb, 831 F. App’x 938, 940 (11th Cir. 2020).  
The facts proffered herein are sufficient to meet this burden.  To summarize: 1) the Wade Funeral 
Home EIDL Applications contained Tracy Wade’s personally identifiable information; 2) Tracy 
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Wade certified under penalty of perjury that no one assisted him in completing the Wade Funeral 
Home EIDL Applications; 3) the SBA records reflect that the SBA verified Tracy Wade’s identity 
when he called to the check the status of his loans; and 4) the proceeds of the $80,100 EIDL loan 
for Wade Funeral Home were deposited into a checking account controlled by Tracy Wade.  
Accordingly, the government can prove by a preponderance of the evidence that Tracy Wade 
committed the extrinsic acts. 
iii) 
The probative value of the evidence is not substantially outweighed by undue 
prejudice under Rule 403. 
 
The third prong of the Rule 404(b) test consists of balancing, under Rule 403, the probative 
value of the evidence against its prejudicial effect, and requires the court to conduct the Rule 403 
inquiry based “upon the circumstances of the extrinsic offense.”  Lamb, 831 F. App’x at 940 
(quoting United States v. Ramirez, 426 F.3d 1344, 1354 (11th Cir. 2005)).  The court must view 
the disputed evidence in the light most favorable to admission, maximizing the probative value of 
the evidence and minimizing the prejudicial impact of the evidence.  Id. (citing United States v. 
Elkins, 885 F.2d 775, 784 (11th Cir. 1989)). 
The probative value of the evidenced noticed herein is not substantially outweighed by 
undue prejudice under Rule 403.  As explained in detail above, evidence related to the Wade 
Funeral Home EIDL Applications is highly probative for the purposes for which the United States 
seeks its admission (i.e., to show motive, intent, knowledge, absence of mistake or accident, and/or 
identity with respect to the charged offenses).  To summarize, the evidence shows that Tracy Wade 
was motivated and intended to obtain pandemic relief assistance he was not entitled to receive 
based on inflated business revenue and expenses; he knew that the 4/10 and 5/7 EIDL Applications 
contained representations about Wade Funeral Home’s employees and payroll that were far less 
than the number of employees and payroll later represented in the Wade Funeral Home PPP 
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Application; he was familiar with the SBA’s application processes for pandemic assistance; and 
Tracy Wade was the person who, on his own, twice applied for EIDL pandemic assistance for 
Wade Funeral Home.  As the Eleventh Circuit has explained, “[a] similarity between the other act 
and a charged offense will make the other offense highly probative with regard to a defendant’s 
intent in the charged offense.”  United States v. Ramirez, 426 F.3d 1344, 1354 (11th Cir. 2005).    
Finally, relevant evidence in inherently prejudicial, which is why Rule 403 concerns 
“unfair” prejudice.  The Eleventh Circuit has explained that “[u]nfair prejudice cannot be 
simplistically defined as evidence having adverse effects on a party’s case; rather it is an undue 
tendency to suggest [a] decision on an improper basis, commonly, though not necessarily, an 
emotional one.”  Cauchon v. United States, 824 F.2d 908, 914 (11th Cir. 1987).  Under this 
standard, the Wade Funeral Home EIDL Applications do not create “unfair” or “undue” prejudice, 
much less unfair or undue prejudice that substantially outweighs the highly probative value of this 
evidence. 
Similar EIDL Evidence Was Admitted Under FRE 404(b) in a Similar Criminal Trial 
In March 2024, another former BSO Deputy Sheriff, Stephanie Smith, proceeded to trial 
in a similar case in which she was charged with two counts of wire fraud in connection with 
obtaining PPP loans based on materially false information.  See United States v. Stephanie Smith, 
Case No. 23-60203-CR-BB (COHN) (S.D. Fla.).  In a notice filed in that case on January 26, 2024 
pursuant to Rule 404(b)(2) (ECF No. 26), the government asserted that defendant’s prior, 
uncharged conducted related to an EIDL application was admissible evidence of defendant’s 
motive, intent, knowledge, lack of mistake or accident, and identity with respect to the charged 
offenses relating to defendant’s fraudulent PPP applications.  Judge Cohn agreed.  In a written 
Order dated February 16, 2024, Judge Cohn ruled that the EIDL evidence was admissible under 
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Rule 404(b)(2), finding that “the EIDL evidence bears strongly on the Defendant’s motive, intent, 
knowledge, identity, and absence of mistake with respect to the charged scheme to defraud,” and 
that “[t]he probative value of this evidence is not substantially outweighed by the prejudicial 
effect.”  (Docket 23-CR-60203, ECF No. 58, at 2-3).     
Conclusion 
As set forth in this Notice, the United States submits that the evidence identified herein 
related to the Wade Funeral Home EIDL Applications is, to the extent not otherwise admitted,  
admissible pursuant to FRE 404(b)(2) as prior uncharged crimes, wrongs, and acts relevant to 
prove motive, intent, knowledge, absence of mistake or accident, and/or identity with respect to 
the offenses charged in the S1 Indictment. 
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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