Information — United States v. Tracy D. Wade (Dkt. 204, 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. 204 · 2024-11-06 · Docket on CourtListener

Full text

1 
 
UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 23-60173-CR-WILLIAMS (GRAHAM) 
 
UNITED STATES OF AMERICA                                    
           Plaintiff,                                                                         
v. 
CAROLYN DENISE WADE and  
TRACY D. WADE, 
Defendants, 
____________________________/ 
 
MOTION FOR JUDGMENT OF ACQUITTAL AFTER JURY VERDICT  
Defendants, Carolyn Denise Wade and Tracy D. Wade, through undersigned 
counsel, pursuant to Fed. R. Crim. P 29(c)(1), respectfully moves for a judgment of 
acquittal after jury verdict. In support thereof, Mr. Shazier states: 
Background  
On October 23, 2024, after a nine-day trial, Mrs. Wade and Mr. Wade were 
found guilty of conspiracy to commit wire fraud, in violation of 18 U.S.C. § 1349; 
substantive counts of wire fraud, in violation of 18 U.S.C. § 1343; conspiracy to 
commit an offense against the United States, in violation of 18 U.S.C, 371; and 
substantive counts of making false statements to the Small Business Administration, 
in violation of 15 U.S.C. § 645(a).  
Case 0:23-cr-60173-KMW   Document 204   Entered on FLSD Docket 11/06/2024   Page 1 of 5

2 
 
The government alleged that the Wades received Paycheck Protection Program 
(PPP) loans during the COVID pandemic by including false information in their PPP 
loan applications. The applications were completed online. The defense contended 
that the applications were completed by co-conspirator Haydee Granados, and Ms. 
Granados completed the applications without Mrs. Wade’s or Mr. Wade’s knowledge.  
The defense further contended that the Wades did not see the false information in 
the application when the applications were electronically signed.  
 
During the trial, Haydee Granados testified that she completed or attempted 
to complete PPP loan applications for eighteen other individuals. Ms. Granados also 
testified to obtaining loans for several of her friends and relatives. Ms. Granados 
claimed that everyone for whom she applied for a loan knew that she was including 
a fake Internal Revenue Service (IRS) Schedule C form.  The gross income listed on 
the fake schedule C was used in the PPP loan application.  
 
Two of the individuals for whom Granados applied for PPP loans testified as 
defense witnesses. These two individuals testified that they had no knowledge that 
Ms. Granados had included a fake IRS Schedule C form in their PPP applications. 
Additionally, Mr. Wade testified that he had no knowledge that Ms. Granados had 
prepared had included a fake schedule C, and he did not see the application when 
prompted to electronically sign is PPP loan application.   
 
The government introduced evidence that Mr. Wade and Mrs. Wade had logged 
into the PPP loan processing portal of the technology company that helped the Small 
Business Administration facilitate PPP loan applications on several occasions.  In its 
Case 0:23-cr-60173-KMW   Document 204   Entered on FLSD Docket 11/06/2024   Page 2 of 5

3 
 
closing argument, the government stated Mr. and Mrs. Wade must have seen the 
false information on the applications at some point.  The jury found Mrs. Wade and 
Mr. Wade guilty of each count in the indictment.  
Argument and Memorandum of Law 
 
Under Federal Rule of Criminal Procedure 29(c)(1), a defendant may move for 
a judgement of acquittal or renew such motion within 14 days after a guilty verdict.   
 
 In considering a motion for the entry of a judgment of acquittal, a district 
court must view the evidence in the light most favorable to the government, and 
determine whether a reasonable jury could have found the defendant guilty beyond 
a reasonable doubt. United States v. Miranda, 425 F.3d 953, 959 (11th Cir. 2005). 
The Court is required to affirm the conviction unless, under no construction of the 
evidence could the jury find the defendant guilty beyond a reasonable doubt. United 
States v. Joseph, 709 F.3d 1082, 1093 (11th Cir. 2013) 
Credibility issues are for the determination of the jury. However, defendants 
may not be convicted if the evidence is insufficient to persuade a rational factfinder 
beyond a reasonable doubt that the defendant is guilty. United States v. Chancey, 
715 F.2d 543, 546 (11th Cir. 1983). 
 
Mrs. Wade and Mr. Wade contend that the evidence presented at trial was 
insufficient to persuade any rational factfinder of their guilt beyond a reasonable 
doubt. Accordingly, the Court should grant the instant motion.  With respect to the 
conspiracy counts, there was insufficient evidence to prove that the Wades willfully 
joined in either conspiracy. As to the wire fraud counts, the evidence was 
Case 0:23-cr-60173-KMW   Document 204   Entered on FLSD Docket 11/06/2024   Page 3 of 5

4 
 
insufficient to prove that the Wades knowing devised and participated in a scheme 
to defraud or acted with intent to defraud. As to the false statements to the SBA, 
the evidence was insufficient to prove that the Wades knowingly made any false 
statement. 
 
Ms. Granados had entered into a plea agreement with the government and 
had a motive to fabricate her testimony. The two defense witnesses testified that 
they had no knowledge that Ms. Granados has included false loan applications in 
their PPP loan applications.  While the government introduced evidence that Mrs. 
Wade and Mr. Wade accessed the loan processing portal on numerous occasions, 
there was no testimony or evidence as to what was done with respect to the 
applications other than the date the applications were signed.  
 
In sum, even after viewing the evidence in a light most favorable to the 
government, there exist a reasonable doubt to Mrs. Wade’s and Mr. Wade’s guilt. If 
there is a lack of substantial evidence, viewed in the Government’s favor, from 
which a reasonable factfinder could find guilt beyond a reasonable doubt, the 
conviction must be reversed. United States v. Willner, 795 F.3d 1297, 1307 (11th 
Cir. 2015). 
Conclusion  
 
Based upon the foregoing facts, arguments and citations to authorities, Mr. 
Shazier respectfully requests that the Court grant this motion for judgement of 
acquittal after jury verdict pursuant to Fed. R. Crim. P. 29(c)(1).  
 
.   
Case 0:23-cr-60173-KMW   Document 204   Entered on FLSD Docket 11/06/2024   Page 4 of 5

5 
 
CERTIFICATE OF SERVICE 
I HEREBY certify that on November 6, 2024, I electronically filed the 
foregoing document with the Clerk of the Court using CM/ECF.  I also certify that 
the foregoing document is being served this day on all counsel of record via 
transmission of Notices of Electronic Filing generated by CM/ECF or in some other 
authorized manner for those counsel or parties who are not authorized to receive 
electronically Notices of Electronic Filing. 
                                                              Respectfully submitted, 
/s/ Daryl E. Wilcox__ 
Daryl E. Wilcox, Esquire  
Co-counsel for Defendant Shazier 
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 204   Entered on FLSD Docket 11/06/2024   Page 5 of 5

File and source

File

gov.uscourts.flsd.670191.204.0.pdf

Size

128,948 bytes

SHA-256

b626b182f55d1e6405d4953a1254ef39602bce9ac7d520f46689055d267fde1f

Our copy

gov.uscourts.flsd.670191.204.0.pdf

Original

PACER (login required)