Information — United States v. Tracy D. Wade (Dkt. 168, 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. 168 · 2024-09-30 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
FORT LAUDERDALE DIVISION 
CASE NO. 23-60173-CR-WILLIAMS/HUNT 
 
 
UNITED STATES OF AMERICA, 
 
Plaintiff, 
 
v. 
 
CAROLYN DENISE WADE and 
TRACY D. WADE,  
 
Defendants. 
_______________________________________/ 
 
ORDER ON MOTION FOR RELEASE OF BRADY MATERIALS 
THIS CAUSE is before this Court on Defendants’ Motion for Release of Brady 
Materials.  ECF No. 132.  This Court held a hearing on September 26, 2024.  Having 
considered the Motion and Response, and the representations made by counsel at the 
hearing, the undersigned hereby GRANTS the Motion within the scope of the previously 
entered Standing Discovery Order and Due Process Protections Act Order, ECF Nos. 11, 
99, 100, for the reasons outlined below.  
BACKGROUND 
Carolyn Wade was charged in a one-count Indictment alleging wire fraud in 
connection with a Paycheck Protection Program (“PPP”) application.  The Indictment 
alleged that Ms. Wade, a Broward Sheriff’s Office (BSO) Deputy, applied for a PPP loan 
and included materially false information in her application, including a claim that she 
operated a business that generated over $100,000 in gross income.  Ms. Wade was 
arraigned on October 19, 2023, at which time the Court entered the Court’s Standing 
Case 0:23-cr-60173-KMW   Document 168   Entered on FLSD Docket 09/30/2024   Page 1 of 3

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Discovery Order, which incorporates Local Rule 88.10’s Brady disclosure requirement, 
as well as the Due Process Protections Act Order, which specifically required the 
Government to disclose to the defense all exculpatory evidence as required by Brady v. 
Maryland, 373 U.S. 83 (1963), and its progeny.     
Discovery produced during that litigation included information about third parties 
who also allegedly fraudulently applied for PPP loans using the same preparer as Ms. 
Wade.  This third-party material was provided to the Government in response to a trial 
subpoena to a company that assisted with the filing of PPP loan applications.  At the 
defense’s request, the Government turned over to the defense all of the third-party 
material it received, in the condition in which it was received (subject to an agreed-upon 
protective order).   
Ms. Wade went to trial in May 2024 before the Honorable Donald L. Graham, U.S. 
District Judge, and a jury.  The trial resulted in a mistrial.  The Government then sought 
and obtained a Superseding Indictment, adding a new Defendant and new counts.  Both 
Defendants were arraigned on the Superseding Indictment on July 15, 2024, and the 
Court again entered the Standing Discovery Order and the Due Process Protections Act 
Order. 
This third-party discovery production is the subject of a Motion to Dismiss the 
pending Superseding Indictment due to Brady violations.  ECF No. 134.  Defendants in 
the instant Motion maintain that the Government is continuing to withhold Brady material 
and list several categories of documents they believe are discoverable as Brady.  The 
Government contends that it is aware of its discovery obligations under Brady, has 
complied with its obligations, and will continue to comply with its ongoing obligations.  
Case 0:23-cr-60173-KMW   Document 168   Entered on FLSD Docket 09/30/2024   Page 2 of 3

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Having reviewed the pleadings and argument of counsel, the undersigned hereby 
ORDERS the Government to disclose to Defendants all exculpatory information within its 
possession, custody, or control, within the meaning of Brady and its progeny, and within 
the scope of the orders mentioned above.  This includes production of impeachment 
material with respect to any witness the Government intends to call at trial.  To the extent 
Defendants are asking the Court to order the Government to conduct independent 
investigations of the third parties named in the above-described discovery response, the 
Motion is denied.  
 The Government is reminded that its discovery obligations are ongoing, and any 
Brady material that comes into its possession, custody, or control after the date of this 
Order must be disclosed to the defense immediately. 
Accordingly, it is hereby ORDERED AND ADJUDGED as follows:  
Defendants’ Motion for Release of Brady Materials, ECF No. 132, is GRANTED within 
the scope of the previously entered Standing Discovery Orders and Due Process 
Protections Act Orders. 
DONE and ORDERED at Fort Lauderdale, Florida, this 30th day of September 
2024. 
 
 
 
 
 
__________________________________ 
PATRICK M. HUNT  
UNITED STATES MAGISTRATE JUDGE 
Copies furnished to: 
The Honorable Kathleen M. Williams 
The Honorable Donald L. Graham 
All counsel of record 
Case 0:23-cr-60173-KMW   Document 168   Entered on FLSD Docket 09/30/2024   Page 3 of 3

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