Defendants' Proposed Jury Instructions — United States v. Tracy D. Wade (S.D. Fla.)

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Defendants' Proposed Jury Instructions in United States of America v. Carolyn Denise Wade and Tracy D. Wade, Case No. 23-60173-CR-WILLIAMS, U.S. District Court for the Southern District of Florida, entered September 25, 2024 as Document 164 in case 0:23-cr-60173-KMW. Through counsel Daryl E. Wilcox, the defendants ask the court to give pattern instructions S1.2 on the testimony of an accomplice or codefendant with a plea agreement, S12 on character evidence, and S17 on the good-faith defense. The good-faith instruction states that good faith is a complete defense to a charge that requires intent to defraud and that the Government must prove intent to defraud beyond a reasonable doubt. The certificate of service is dated July 24. 2024.

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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, 
_____________________________/ 
 
DEFENDANTS’ PROPOSED JURY INSTRUCTIONS 
 
  
The Defendants, Carolyn Wade and Tracy Wade, through counsel, respectfully 
requests that the Court give following instructions to the jury prior to their deliberations: 
S1.2 
Testimony of Accomplice or Codefendant with Plea Agreement 
 
You must consider some witnesses’ testimony with more caution than others. 
In this case, the Government has made a plea agreement with a Codefendant in 
exchange for [his] [her] testimony. Such “plea bargaining,” as it’s called, provides for 
the possibility of a lesser sentence than the Codefendant would normally face. Plea 
bargaining is lawful and proper, and the rules of this court expressly provide for it. 
But a witness who hopes to gain more favorable treatment may have a reason to 
make a false statement in order to strike a good bargain with the Government. 
So while a witness of that kind may be entirely truthful when testifying, you 
should consider that testimony with more caution than the testimony of other witnesses. 
Case 0:23-cr-60173-KMW   Document 164   Entered on FLSD Docket 09/25/2024   Page 1 of 3

And the fact that a witness has pleaded guilty to an offense isn’t evidence of the 
guilt of any other person. 
S12 
Character Evidence 
 
Evidence of a defendant’s character traits may create a reasonable doubt. 
You should consider testimony that a defendant is an honest and law-abiding 
citizen along with all the other evidence to decide whether the Government has proved 
beyond a reasonable doubt that the Defendant committed the offense. 
S17 
Good-Faith Defense 
 
“Good faith” is a complete defense to a charge that requires intent to defraud. A 
defendant isn’t required to prove good faith. The Government must prove intent to 
defraud beyond a reasonable doubt. 
An honestly held opinion or an honestly formed belief cannot be fraudulent intent 
– even if the opinion or belief is mistaken. Similarly, evidence of a mistake in judgment, 
an error in management, or carelessness can’t establish fraudulent intent. 
But an honest belief that a business venture would ultimately succeed doesn’t 
constitute good faith if the Defendant intended to deceive others by making 
representations the Defendant knew to be false or fraudulent. 
 
 
Case 0:23-cr-60173-KMW   Document 164   Entered on FLSD Docket 09/25/2024   Page 2 of 3

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 July 24. 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 164   Entered on FLSD Docket 09/25/2024   Page 3 of 3

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