Motion — United States v. Tracy D. Wade (Dkt. 179, 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. 179 · 2024-10-21 · Docket on CourtListener

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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 MEMORANDUM OF LAW IN SUPPORT OF ADMITTING 
WOMPLY FILES PRODUCED PURSUANT TO GOVERNMENT 
SUBPOENA.  
 
 
The Defendants, Carolyn Denise Wade and Tracy D. Wade, files this 
memorandum of law in support of admitting files produced by Oto Analytics, Inc dba 
Womply pursuant to a government subpoena issued on March 7, 2024.  
Background  
 
During the trial, testimony has been elicited from cooperating co-conspirator, 
Haydee Rivero f.k.a. Haydee Granados, that she either obtained or attempted to 
obtain Paycheck Protection Program (PPP) loans for individuals other than 
Defendant Carolyn Wade, Tracy Wade and herself. In March of 2024, the government 
subpoenaed Oto Analytics, Inc. dba Womply (hereinafter Womply) for any records in 
Case 0:23-cr-60173-KMW   Document 179   Entered on FLSD Docket 10/21/2024   Page 1 of 4

their possession related to the PPP loan application loan for Carolyn Wade.  Among 
the records specifically requested by the government were PPP applications with the 
same IP addresses as Carolyn Wade’s PPP loan application.  
 
In response to the subpoena, Womply produced twenty-one (21) PPP loan 
application files that contained documents that were uploaded from an IP address 
belonging to Haydee Granados. The government disclosed these files to the defense 
as part of their discovery and/or Brady obligations.  
 
During the trial, the cooperating coconspirator Haydee Rivero admitted to 
attempting to obtain a PPP loan for almost every individual whose name appears on 
the files produced by Womply.  In four instances, Ms. Grandos testified she did not 
remember anything about a particular individual whose name appears on the file 
submitted by Womply. In other instances, Ms. Rivero’s testimony about what actions 
she took on a particular individual’s PPP application is  inconsistent with the 
documents that appear in the file produced by Womply.  
 
The defense has attempted to introduce certain files produced by Womply as 
evidence to impeach Ms. Granados. The Court has sustained the government 
objection to the introduction of the files because the files fail to satisfy the 
requirements to be admitted under the business records hearsay exception to the 
hearsay rule. See Fed. R. Evid. 803(6) 
 
The defense has called one witness, Walter Wright, whose testimony is at odds 
with Ms. Granados testimony as to what actions she undertook with respect to Mr. 
Wright’s PPP loan. Specifically, Ms. Rivero denied preparing an IRS Schedule C tax 
Case 0:23-cr-60173-KMW   Document 179   Entered on FLSD Docket 10/21/2024   Page 2 of 4

form for Mr. Wright’s PPP loan application. However, a fraudulent IRS schedule C 
form is contained in Mr. Wright’s  PPP application file produced by Womply.  
 
The defense intends to call a second witness, Edison Rogers. Womply produced 
a PPP loan application file bearing the name of Edison Rogers.  Haydee Granados 
has testified that she has no recollection of who Mr. Rogers is or what she did with 
respect to his PPP loan application. Documents contained in the file produced by 
Womply contain photographs of Mr. Womply which appear to have been taken at Ms. 
Rivero’s residence and a fake Schedule C form.  
Argument for Admission of the Womply Files 
 
The Womply files should be admitted over a hearsay objection or objection that 
the documents fail to satisfy the business records exception to the hearsay rule. The 
Womply documents are not being offered for the truth of the matters asserted the 
documents. The Womply files are relevant simply because they exist. Whether the 
contents of the documents are true or not is irrelevant.  
 
Indeed, the government and the defense do not dispute the fact that IRS 
Schedule C forms filed with the PPP applications and the PPP applications prepared 
by Haydee Granados contain false information.  The fake IRS Schedule C forms are 
relevant because they were filed. The defense seeks to introduce the contents of the 
Womply files to impeach Ms. Granados or to show that she filed fake IRs Schedule C 
forms without the knowledge of the person whose name appears on the application.   
 
Having shown that the Womply files are admissible for a non-hearsay purpose, 
the only other possible reason for exclusion of the Womply files is that they are not 
Case 0:23-cr-60173-KMW   Document 179   Entered on FLSD Docket 10/21/2024   Page 3 of 4

properly authenticated. However, the defense contends that under Federal Rule of 
Evidence 901(a) and 901(b)(4), the defense has produce evidence sufficient to support 
a finding that the Womply records are what the defense says they are. The 
appearance, the contents, substance, internal patterns of the Womply files taken with 
all the other circumstances of the case are sufficient to support a finding that the 
Womply files are what the defense claimed them to be.  
 
Based on foregoing facts and arguments, the defense respectfully requests that 
the Court admit the files produced by Womply pursuant to the government subpoena.  
 
 
 
 
 
 
 
 
 
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  
 
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 October 21, 2024.  
 
 
Case 0:23-cr-60173-KMW   Document 179   Entered on FLSD Docket 10/21/2024   Page 4 of 4

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