Court filing
Information — United States v. Tracy D. Wade (Dkt. 153, S.D. Fla. No. 0:23-cr-60173)
Filed September 19, 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 | 2024-09-19 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 153 · 2024-09-19 · Docket on CourtListener
Full text
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-60173-CR-WILLIAMS
UNITED STATES OF AMERICA
Plaintiff,
v.
CAROLYN DENISE WADE and
TRACY D. WADE,
Defendant,
_____________________________/
UNOPPOSED MOTION TO CONTINUE TRIAL
Defendants, Carolyn Wade and Tracy Wade, through counsel, move to continue
the trial of this matter that is currently scheduled to commence on October 7, 2024 for a
period of forty-five (45) days. In support thereof, Ms. Wade and Mr. Wade state:
1. On July 27, 2023, the government filed a superseding indictment charging
Ms. Wade and Mr. Wade with several offenses related to fraudulently acquiring
Paycheck Protection Program (PPP) loans from the Small Business Administration
(SBA). Count 1 charges Ms. Wade and Mr. Wade with conspiracy to commit wire fraud,
in violation of 18 U.S.C. § 1349. Count 2 charges Mr. Wade singularly with a substantive
count wire fraud, in violation of 18 U.S.C. § 1343. Count 3 charges Ms. Wade and Mr.
Wade with a substantive count of wire fraud, in violation of 18 U.S.C. § 1343. Count 4
charges Ms. Wade and Mr. Wade with conspiring to make false statements to the SBA,
in violation of 15 U.S.C. § 645(a) and 18 U.S.C. § 371. Count 5 charges Ms. Wade
singularly with making a false statement to the SBA, in violation of 15 U.S.C. § 645(a).
Counts 6, 7 and 10 charge Mr. Wade singularly with making false statements to the
Case 0:23-cr-60173-KMW Document 153 Entered on FLSD Docket 09/19/2024 Page 1 of 5
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SBA, in violation of 15 U.S.C. § 645(a), Counts 8 and 9 charge Ms. Wade singularly with
making false statements to the SBA, in violation of 15 U.S.C. § 645(a).
2. With respect to Ms. Wade, this cause is a retrial after a mistrial was declared
due to a hung jury on May 22, 2024. (DE 72).
3. In the first trial, Mrs. Wade was the sole defendant and was charged with one
count of wire fraud in connection with a PPP loan application, in violation of 18 U.S.C.
Section 1343.
4. On July 15, 2024, Ms. Wade and Mr. Wade were arraigned on the instant
superseding indictment (DE 100).
5. The trial of this matter is scheduled to commence on October 7, 2024.
6. The defense team needs additional time to review the discovery with Ms.
Wade and Mr. Wade. The defense needs additional time to investigate evidence favorable
to the defense. The defense needs additional time to effectively prepare the cross
examination and direct examination of witnesses.
7. The government has added Mr. Wade as a defendant and has charged Mr.
Wade with offenses distinct from the one count that resulted in a mistrial for Ms. Wade.
Accordingly, Mr. Wade’s charges effectively amount to a separate case.
8. Additionally, during the first trial, it was disclosed that another individual
was involved in the preparation of Ms. Wade’s PPP loan application. That individual,
Haydee Rivero, fka Haydee Granados, is named as a co-conspirator in count 1 of the
instant superseding indictment. It was/is the theory of defense that Haydee Rivero fka
Case 0:23-cr-60173-KMW Document 153 Entered on FLSD Docket 09/19/2024 Page 2 of 5
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Haydee Granados prepared Ms. Wade’s PPP loan application and included false
information without Ms. Wade’s knowledge.
9. As part of their discovery submission, the government disclosed to the defense
21 files that they retrieved pursuant to a subpoena issued to Womply, a technology
company for the Paycheck Protection Program. Haydee Rivero fka Haydee Granados
was involved with the preparation of the PPP loans associated with these files. One of
the files is labeled Haydee Granados and another file is labeled Tracy Wade. The
remaining 19 files are labeled with names that are unknown to the defense team. The
defense team needs additional time to investigate or interview the individuals whose
names appear on those 19 files. Those individuals are listed numbered 18 through 35 of
Defendant’s Witness List. (Attached Document 151)
10. On August 21, 2024, the defense team filed a request that the government
provide specific Brady information. Among the information requested was any PPP loan
application associated with IP address 76.110.183.125 (Haydee Granados’s IP address)
and the names and addresses of people for whom Haydee Granados prepared PPP loan
applications. The government has taken the position that the requested information is
not required to be disclosed under Brady.
11. Finally, a member of the defense team, Daryl E. Wilcox, is still recovering
from a recent bout of bacterial pneumonia. Mr. Wilcox advises he is still not quite at
100% and was recently diagnosed with anemia which causes frequent fatigue.
12. The defense team has conferred with Assistant United States Attorneys
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David Snider and Adam Love, and the government is not opposed to a thirty (30)-day
continuance albeit for reasons different from those articulated herein. This motion is
made for good cause, is based on the facts, and is not interposed to cause unreasonable
delay or to burden or frustrate the court. The defendants are facing over 40 years possible
jail time and a brief delay to properly prepare, to get it right, and the justice of the case,
far outweigh the need to get to trial quickly in rigid compliance with schedule.
13. The court has discretion to grant a continuance for good cause shown and in
exercising such discretion, should consider such factors as exist in this case, that the
ends of justice is served by granting a continuance outweigh the best interest of the
public and the defendants in a speedy trial.
14. Failure to grant a continuance in this case would likely result in a miscarriage
of justice. This case so complex and involves novel questions of fact and law, involving
no less than co-defendant spouses, that it is unreasonable to expect adequate preparation
for pretrial proceedings or for the trial itself within the time limit established by the
Speedy Trial Act, Title 18 U.S.C. sec. 3161(h)(8); accordingly, the defense requires
additional time to effectively prepare taking into account the exercise of due diligence.
Zedner v. United States, 547 U.S. 489 (2006).
WHEREFORE for the foregoing facts, reasons and arguments, and any argument
to be adduced at a hearing on this motion, as well as to this court appear equitable just
and proper, this court should, respectfully, continue the trial in this matter as requested.
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing pleading was
electronically filed with the Clerk of 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 September 19, 2024.
Respectfully Submitted,
/s/ Johnny L. McCray, Jr.
Johnny L. McCray, Jr.
Florida Bar No. 342319
Law Office of Johnny L. McCray, Jr., P.A.
400 East Atlantic Boulevard
Pompano Beach, Florida 33060
Tel: (954) 781-3662 * Fax: (754) 307-2857
mccrayjlaw@gmail.com
/s/ Daryl E. Wilcox
Daryl E. Wilcox
Florida Bar No. 838845
5201 S.W. 18th Street
Plantation, Florida 33317
Tel: (954) 303-1457
darylewilcox06@gmail.com
Attorneys for Defendant
Case 0:23-cr-60173-KMW Document 153 Entered on FLSD Docket 09/19/2024 Page 5 of 5File and source
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