Court filing
Information — United States v. Tracy D. Wade (Dkt. 215, S.D. Fla. No. 0:23-cr-60173)
Filed January 10, 2025 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 | 2025-01-10 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 215 · 2025-01-10 · Docket on CourtListener
Full text
Page 1 of 4
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,
_____________________________/
DEFENDANT TRACY WADE’S OBJECTIONS TO THE
PRESENTENCE INVESTIGATION REPORT
Defendant, Tracy Wade, through undersigned counsel, respectfully files his
Objections to the Presentence Investigation Report (PSIR) dated November 20, 2023.
(DE 208). In support thereof, Mr. Wade states:
Offense Conduct
A jury found Mr. Wade guilty of conspiracy to commit wire fraud, in violation of
18 U.S.C. § 1349; two counts of wire fraud, in violation of 18 U.S.C. § 1343; a general
conspiracy in violation of 18 U.S.C. § 371; and three counts of false statements to the
Small Business Association (SBA), in violation of 15 U.S.C 645(a). Mr. Wade accepts
responsibility for being negligent in not reading the PPP loan documents. See PSIR ¶ 56
However, Mr. Wade humbly submits that he never specially intended to defraud
the United States or the Small Business Association. Accordingly, Mr. Wade objects to
the paragraphs in the Offense Conduct Section of the PSIR that asserts he agreed with
Case 0:23-cr-60173-KMW Document 215 Entered on FLSD Docket 01/10/2025 Page 1 of 4
Page 2 of 4
Haydee Rivero to defraud the United States, and any paragraph that asserts that
Haydee Rivero committed fraudulent acts at Mr. Wade’s direction.
Paragraph 25: Mr. Wade denies that he agreed with Haydee Rivero or any other
person to obtain Paycheck Protection Program (PPP) loans from the SBA based on
materially false or fraudulent information,
Paragraph 26:
Mr. Wade denies that he agreed with Haydee Rivero or any
other person to knowingly and with intent to defraud devise a scheme and artifice to
defraud to obtain money and property by means of materially false pretenses,
representations or promises. Furthermore, Mr. Wade submits that he received no
property from the offenses of which he was found guilty.
Paragraph 27:
Mr. Wade denies directing Haydee Rivero or any other person
to create and prepare fictitious Internal Revenue Service (IRS) Schedule C forms for a
PPP loan application.
Paragraph 39:
Mr. Wade denies directing Haydee Rivero to create a false and
fictitious IRS Schedule C for the tax year 2019.
Paragraph 31:
Mr. Wade denies directing Haydee Rivero to upload a false IRS
schedule C form into the Womply website
Paragraph 37:
Mr. Wade does not deny that he testified on May 17, 2024, in
the first trial of Carolyn Wade, that he received two loans. However, Mr. Wade submits
that it was not his intent to mislead the jury. He simply was mistaken.
Paragraph 46:
The PSIR names six other individuals who received loans
based on false IRS schedule C forms created by Haydee Rivero. The list is incomplete. At
Case 0:23-cr-60173-KMW Document 215 Entered on FLSD Docket 01/10/2025 Page 2 of 4
Page 3 of 4
trial, two defense witnesses, Mr. Wright and Mr. Perez, testified to receiving PPP loans
based upon false IRS Schedule C forms created by Haydee Rivero.
Paragraph 51:
The PSIR states that Carolyn Wade and Tracy Wade
conspired with Haydee Rivero to unlawfully apply for and obtain two PPP loans, each in
the amount of $20,833. Mr. Wade denies that he knowingly and willfully conspired with
Haydee Rivero to engage in any unlawful conduct.
Factors That May Warrant a Departure and/or Variance
Paragraphs 130-139: Mr. Wade objects to the inclusion of facts relating to the
Economic Injury Disaster Loan (EIDL) he received from the SBA on August 27, 2020.
The EIDL loan was not charged or referenced in the indictment, nor was any evidence
relating to the EIDL loan admitted in the trial. Additionally, Mr. Wade submits he
committed no illegal acts which caused SBA to authorize the loan. Mr. Wade further
objects to the Probation Officer’s suggestion that the facts relating to the EIDL loan may
be considered by the Court as an upward departure pursuant to USSG § 5K2.21.
Paragraph 140:
Mr. Wade objects to the inclusion of facts relating to him being
conditionally approved by SBA for a PPP loan in the amount of $701,873. Mr. Wade
submits that he did not seek a loan in the among of $701,873 and believes that Haydee
Rivero’s husband attempted to obtain this loan without his knowledge. Mr. Wade further
objects to the Probation Officer’s suggestion that the facts relating to the conditionally
approved PPP loan may be considered by the Court as an upward departure pursuant to
USSG § 5K2.21.
Case 0:23-cr-60173-KMW Document 215 Entered on FLSD Docket 01/10/2025 Page 3 of 4
Page 4 of 4
Conclusion
Based upon the foregoing, Mr. Wade respectfully requests that the Court sustain
his objections to the Presentence Investigation Report, direct the United States to make
the necessary corrections and to impose a sentence consistent with his objections.
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 January 10, 2025.
Respectfully submitted,
/s/ Daryl E. Wilcox.______
Daryl E. Wilcox, Esquire
Attorney: Carolyn Wade & Tracy Wade
F.B.N. 838845
5201 S.W. 18th Street
Plantation, Florida 33317
(954) 303-1457
darylewilcox06@gmail.com
/s/ Johnny L. McCray, Jr._____
Johnny L. McCray, Jr. P.A.
F.B.N. 342319
Law Office of Johnny L. McCray, Jr.
400 East Atlantic Boulevard
Pompano Beach, FL 33060
(954) 781-3662
Attorneys: Carolyn Wade & Tracy Wade
mccrayjlaw@gmail.com
Case 0:23-cr-60173-KMW Document 215 Entered on FLSD Docket 01/10/2025 Page 4 of 4File and source
- File
- gov.uscourts.flsd.670191.215.0.pdf
- Size
- 204,315 bytes
- SHA-256
- 3e978c23c485044c79034211d8f97ad8cf96401c68eadf453661eb0b9a756dfe
- Original
- PACER (login required)