Court filing
Indictment — United States v. Tracy D. Wade (Dkt. 221, S.D. Fla. No. 0:23-cr-60173)
Filed January 15, 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 | 2025-01-15 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 221 · 2025-01-15 · Docket on CourtListener
Full text
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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,
_____________________________/
DEFENDANT TRACY WADE’S MOTION FOR A DOWNWARD
BOOKER VARIANCE
Defendant, Tracy Wade, through counsel, respectfully requests that the Court
impose a sentence below the advisory guideline imprisonment range pursuant to 18
U.S.C § 3553 and United States v. Booker, 543 U.S. 220, 125 S.Ct. 738 (2005). In support
thereof, Mr. Wade states:
Background
Mr. Wade awaits sentencing after having been convicted of one count of conspiracy
to commit wire fraud, in violation of 18 U,S.C. § 1349; two count of wire fraud, in violation
of 18 U,S.C. § 1343; one count of 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). (DE 183). The counts of conviction were charged in a superseding
indictment which alleged Mr. Wade and his wife, Carolyn Wade, with conspiring to
fraudulently obtain Paycheck Protection Program (PPP) loans provided by the Small
Business Administration during the COVID-19 Pandemic. (DE 88).
Case 0:23-cr-60173-KMW Document 221 Entered on FLSD Docket 01/15/2025 Page 1 of 8
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Ms. Carolyn Wade was one of seventeen Broward Sheriff Deputies accused of
falsifying paperwork to obtain PPP loans or Economic Disaster Loans (EIDL). See 17
Broward deputies charged in pandemic loan fraud, South Florida Sun Sentinel, updated
October 12, 2023, https://www.sun-sentinel.com/2023/10/12/multiple-broward-sheriffs-
employees-facing-indictments-over-pandemic-relief-fund-misuse/.
Ms.
Wade
was
originally charged with only one count of wire fraud for fraudulently obtaining a loan in
the amount of $20,833. (DE 3).
Ms. Wade was tried on the original indictment in May of 2024. The Court declared
a mistrial after the Jury was unable to reach a unanimous verdict. (DE 72). During the
first trial, Mr. Tracy Wade testified that a third party, Haydee Rivero, helped him obtain
a PPP loan and he encouraged his wife to also obtain a PPP loan. Thereafter, the
government filed a superseding indictment charging both Mr. and Mrs. Wade with
various offenses related to fraudulent obtaining two PPP loans. (DE 88). The total
amount of both loans was $41,666. Presentence Investigation Report (PSIR) ¶ 51.
The United States has prepared a PSIR which includes a calculation of a
recommended advisory guideline sentence pursuant to the United States Sentencing
Guidelines Manual. According to the PSIR, Mr. Wade’s total offense level is 11 and his
criminal history category is I. At offense level 11, and criminal history category I, the
advisory guideline imprisonment range is 8 to 14 months in Zone B of the Sentencing
Table.
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Because the advisory guidelines’ imprisonment range is in Zone B of the
Sentencing Table, the Guidelines authorize a sentence other than imprisonment. See
PSIR ¶ 105. Mr. Wade is seeking such a sentence.
Argument and Memorandum of Law
Mr. Wade is a 52-year-old married man and a Marine Corps Veteran with no prior
criminal convictions or arrests. PSIR ¶¶ 68-72, 77. He is the father of three adult children
and one 11-year-old minor child. PSIR ¶¶ 78-80.
Mr. Wade has owned and operated the Wade Funeral Home for 13 years. PSIR ¶
92. Additionally, Mr. Wade worked as a Broward Sheriff’s Deputy for approximately 25
years. PSIR ¶ 103.
In Booker v. United States, 543 U.S. 220, 125 S.Ct. 738 (2005), the Supreme Court
excised the statutory provision in 18 U.S.C. § 3553 that made the Sentencing Guidelines
mandatory, thereby rendering them advisory. Id. at 244-46, 125 S.Ct. at 756-57. While
this Court must still correctly calculate the guideline range, there is no presumption that
a guideline sentence is a reasonable and appropriate sentence. Gall v. United States, 552
U.S. 38, 49-50, 128 S.Ct. 586, 597 (2007). The Court must make an individualized
assessment based on the facts presented. Id.
When fashioning such a sentence, the sentencing court must consider the factors
set out in 18 U.S.C. § 3553(a). Those factors are:
1) The nature and circumstances of the offense and the history and
characteristics of the defendant;
2) The need for the sentence imposed-
(A) to reflect the seriousness of the offense, to promote respect for the
Case 0:23-cr-60173-KMW Document 221 Entered on FLSD Docket 01/15/2025 Page 3 of 8
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law, and to provide just punishment of the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant; and
(D) to provide the defendant with needed educational or vocational
training, medical care, or other correctional treatment in the
most effective manner;
3) the kinds of sentences available;
4) the advisory guideline range;
5) any pertinent policy statements issued by the Sentencing Commission;
6) the need to avoid unwarranted sentence disparities; and
7) the need to provide restitution to any victims of the offense.
The statute contains an overarching provision instructing district courts to impose
a sentence sufficient, but not greater than necessary to accomplish the goals of
sentencing. See Kimbrough v. United States, 552 U.S. 82, 101, 128 S.Ct. 558, 570 (2007)
citing 18 U.S.C. § 3553.
It has been a uniform and constant in the federal judicial tradition for the
sentencing judge to consider every convicted person as an individual and every case as a
unique study in the human failings that sometimes mitigate, sometimes magnify, the
crimes and punishment to ensue. Pepper v. United States, 131 S.Ct. 1229, 1239-40 (2010).
Both Congress and the Sentencing Commission have expressly preserved the traditional
discretion of sentencing courts to conduct an inquiry broad in scope, largely unlimited
either as to the kind of information they may consider, or the source from which it may
come. Pepper, 131 S.Ct. at 1240. Congress could not have been clearer in directing that
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“[n]o limitation ... be placed on the information concerning the background, character,
and conduct of a defendant that a district court may receive and consider for the purpose
of imposing an appropriate sentence.” Id. citing 18 U.S.C. § 3661.
In this case, Mr. Wade is requesting that the Court impose a sentence other than
a sentence of imprisonment. While the offenses of conviction are serious, the offenses
involved no violence, weapons, controlled substances, or physical injury.
Other than his involvement in the instant offense and his twenty years of service
as a Broward Sheriff Office Detention Deputy, Mr. Wade has had no prior involvement
in the criminal justice system.
One of the goals of sentencing is to avoid unwanted sentencing disparities. The
vast majority of Broward Sheriff Officers that were convicted of fraudulently obtaining
PPP loans were sentenced to a term of probation.1 For instance, in United States v.
1 Alexandra Acosta, 23-60170-Cr-Scola sentenced to 4 months imprisonment
George Anthony, III 23-80168-Cr-Cannon, sentenced to 1 year probation
Katrina Brown, 23-60169-Cr-Altman, sentenced to 3 years’ probation
Rorie Brown, 23-60174-Cr-Williams, sentenced to 1 year probation
Keshondra Davis, 23-60184-Cr-Altman, sentenced to 2 years’ probation
Allen Dorvil, 23-60185-Cr-Moore sentenced to 2 years’ probation
Ritchie Dubuisson-23-60183-Cr-Martinez sentenced to 5 years’ probation
Keith Dunkley -23-60197-Cr-Smith sentence to 1 year probation
Alexis Greene 23-60182-Cr-Dimitrouleas sentenced to time serve 1 day, 3 years supervised release.
Jewell Johnson 23-60172-Cr-Martinez sentenced to 5 years’ probation
La'Keitha Lawhorn, 23-60171-Cr-Bloom – sentenced to time served 1 day, 3 years’ supervised release
Ancy Morancy, 23-60191-Cr-Bloom – sentenced to 2 years’ probation
Derrick Nesbitt, 23-60193-Cr-Bloom – sentenced to 5 years’ probation
Case 0:23-cr-60173-KMW Document 221 Entered on FLSD Docket 01/15/2025 Page 5 of 8
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Gonder, 24-60003-KMW, a Broward Sheriff Office Lieutenant was convicted of
fraudulently obtaining PPP loans totaling $168,248.41. That defendant was sentenced
to a 5-year term of probation. United States v. Gonder, 24-60003-Cr--KMW (DE 30).
Closer to home, Haydee Rivero, the co-conspirator in the instant case was
sentenced to a 36-month term of probation in case number 24-60124-Cr-RS (DE 33). Ms.
Rivero created and uploaded false IRS schedule C forms that were included in the PPP
loan applications for Mr. and Mrs. Wade, and several others, and caused losses to the
SBA totaling $229,163. PSIR ¶ 52. Furthermore, it was Haydee Rivero that solicited Mr.
Wade to apply for a PPP loan.
Another factor listed in § 3553 is the need to provide restitution to any victims in
the case. Here, Mr. and Mrs. Wade have already paid the $41,666.00 in restitution to be
ordered in this case. (DE 216).
Mr. Wade further submits that a sentence of imprisonment is not necessary to
deter him from future criminal conduct. The United States Sentencing Commission has
found that older individuals are substantially less likely to recidivate as compared with
younger offenders. See U.S. Sentencing Comm'n, The Effects of Aging on Recidivism
Among
Federal
Offenders
(2017),
https://www.ussc.gov/research/research-
reports/effects-aging-recidivism-among-federal-offenders
at
3.
The
Sentencing
Jean Pierre-Toussant, 23-60189-Cr-Moore – sentenced to 1 year probation
Marcus Powell, 23-60192-Cr-Gayle – sentenced to 1 year probation
Stephanie Smith, 23-60203-Cr-Bloom (Cohn) -sentenced to 7 months imprisonment
Case 0:23-cr-60173-KMW Document 221 Entered on FLSD Docket 01/15/2025 Page 6 of 8
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Commission found that only 12.2 % of offenders between the age 50 and 59, who have
some college education will reoffend. Id, Appendix, A-39.
Mr. Wade has strong family and community support as evidenced by the letters
sent to the Court by his friends and family. See (DE 217). The letters describe Mr. Wade
as honest, generous and decent man who has made a positive impact on his community.
A sentence of probation is a statutorily permissible sentence. PSIR ¶ 110.
Additionally, because the advisory guideline imprisonment range is in Zone B of the
Sentencing Table, the minimum advisory term of imprisonment can be satisfied by a
sentence of probation that includes a condition of home detention. PSIR ¶ 105; USSG §
5C1.1(c)(3).
Moreover, because Mr. Wade received an adjustment under USSG § 4C1.1 and
the advisory guideline imprisonment range is in Zone B, a sentence other than
imprisonment is encouraged. PSIR ¶ 106. If a defendant is a nonviolent first offender,
and the applicable guideline range is in Zone A or Zone B of the Sentencing Table, the
Court should consider imposing a sentence other than imprisonment. USSG § 5C1,1,
comment. (n.3); see 28 U.S.C §994(j).
Conclusion
Based on the foregoing facts, arguments and citation to authorities, the
defendant, Tracy Wade, respectfully requests that the Court grant his motion for
Downward Booker Variance and impose a sentence other than imprisonment.
Case 0:23-cr-60173-KMW Document 221 Entered on FLSD Docket 01/15/2025 Page 7 of 8
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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 15, 2025.
Respectfully submitted,
/s/ Daryl E. Wilcox.___
Daryl E. Wilcox, Esquire
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. PA
F.B.N. 342319
Law Office of Johnny L. McCray, Jr. ,
400 East Atlantic Boulevard
Pompano Beach, FL 33060
(954) 781-3662
mccrayjlaw@gmail.com
Attorneys for Defendants
Tracy Wade and Carolyn Wade
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