Court filing
Information — United States v. Tracy D. Wade (Dkt. 219, 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. 219 · 2025-01-15 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-60173-CR-KMW(s) (GRAHAM)
UNITED STATES OF AMERICA
vs.
CAROLYN DENISE WADE and
TRACY D. WADE,
Defendants.
/
UNITED STATES’ RESPONSE TO DEFENDANT TRACY D. WADE’S
OBJECTIONS TO THE PRESENTENCE INVESTIGATION REPORT
Introduction
The United States of America, by and through its undersigned counsel, hereby responds to
the objections to the Presentence Investigation Report (“PSR”) as to Defendant Tracy D. Wade
(“Defendant”). The U.S. Probation Office disclosed the PSR to the parties via CM/ECF on
December 18, 2024 (DE 210). Defendant filed his objections to the PSR on January 10, 2025
(DE 215) (the “Objections” or “Obj.”).
Responses
Offense Conduct
Based upon the evidence in the record and the jury’s verdict of guilty on all counts with
which Defendant was charged in the superseding indictment, the United States proved at trial all
of the facts set forth in the Offense Conduct section of the PSR (¶¶ 7-50).1 Accordingly, the Court
should overrule Defendant’s objection to “the paragraphs in the Offense Conduct Section of the
1 The United States summarized the record evidence in its response in opposition to Defendants’ post-
verdict motion for judgment of acquittal, filed on November 20, 2024, and respectfully refers the Court to
this summary. See DE 207 at 4-11.
Case 0:23-cr-60173-KMW Document 219 Entered on FLSD Docket 01/15/2025 Page 1 of 5
2
PSIR that assert [sic] he agreed with Haydee Rivero to defraud the United States, and any
paragraph that asserts that Haydee Rivero committed fraudulent acts at Mr. Wade’s direction.”
Obj. at 1-2.
Paragraphs 25
Based upon the evidence in the record and the jury’s verdict of guilty on all counts with
which Defendant was charged in the superseding indictment, the United States proved at trial the
facts set forth in paragraph 25 of the PSR, including that Defendant agreed with Haydee Rivero
and others to obtain Paycheck Protection Program (PPP) loans from the SBA based on materially
false and fraudulent information. Accordingly, the Court should overrule Defendant’s objection
to paragraph 25 of the PSR.
Paragraph 26
Based upon the evidence in the record and the jury’s verdict of guilty on all counts with
which Defendant was charged in the superseding indictment, the United States proved at trial the
facts set forth in paragraph 26 of the PSR, including that Defendant agreed with Haydee Rivero
and others to knowingly and with the intent to defraud devise a scheme and artifice to defraud to
obtain money and property by means of false pretenses, representations or promises, and that such
money and property was the proceeds of such PPP loans. Accordingly, the Court should overrule
Defendant’s objection to paragraph 26 of the PSR.
Paragraph 27
Based upon the evidence in the record and the jury’s verdict of guilty on all counts with
which Defendant was charged in the superseding indictment, the United States proved at trial the
facts set forth in paragraph 27 of the PSR, including that Haydee Rivero, at the direction and with
Case 0:23-cr-60173-KMW Document 219 Entered on FLSD Docket 01/15/2025 Page 2 of 5
3
the knowledge of her co-conspirators, including Defendant, created false and fictious IRS
Schedule C forms for PPP loan applications. Accordingly, the Court should overrule Defendant’s
objection to paragraph 27 of the PSR.
Paragraph 31
Based upon the evidence in the record and the jury’s verdict of guilty on all counts with
which Defendant was charged in the superseding indictment, the United States proved at trial the
facts set forth in paragraph 31 of the PSR, including that Haydee Rivero, acting at the direction
and with the knowledge of Defendant, uploaded to Womply’s website a copy of a false and
fictitious IRS Schedule C. Accordingly, the Court should overrule Defendant’s objection to
paragraph 31 of the PSR.
Paragraph 37
Paragraph 37 of the PSR accurately reflects Defendant’s testimony on May 17, 2024,
during the first trial of Carolyn Wade. See DE 106 (Transcript) at 14:17 through 15:4.
Accordingly, the Court should overrule Defendant’s objection to paragraph 37 of the PSR.
Paragraph 39
Based upon the evidence in the record and the jury’s verdict of guilty on all counts with
which Defendant was charged in the superseding indictment, the United States proved at trial the
facts set forth in paragraph 39 of the PSR, including that Haydee Rivero, acting at the direction
and with the knowledge of Defendant, created a false and fictitious IRS Schedule C for the tax
year 2019. Accordingly, the Court should overrule Defendant’s objection to paragraph 39 of the
PSR.
Case 0:23-cr-60173-KMW Document 219 Entered on FLSD Docket 01/15/2025 Page 3 of 5
4
Paragraph 46
Paragraph 46 of the PSR accurately reflects the facts established through the trial testimony
of Haydee Rivero regarding the names of individuals who received PPP loans based on a fake
Schedule C from created by Ms. Rivero. Based upon the evidence in the record and the jury’s
verdict of guilty on all counts with which Defendant was charged in the superseding indictment,
the jury credited Ms. Rivero’s testimony. Accordingly, the Court should overrule Defendant’s
objection to paragraph 46 of the PSR.
Paragraph 51
Based upon the evidence in the record and the jury’s verdict of guilty on all counts with
which Defendant was charged in the superseding indictment, the United States proved at trial the
facts set forth in paragraph 51 of the PSR, including that Defendant knowingly and willfully
conspired with Haydee Rivero to engage in unlawful conduct. Accordingly, the Court should
overrule Defendant’s objection to paragraph 51 of the PSR.
Paragraphs 130-140
As set forth in paragraph 131 of the PSR, Guidelines Manual § 1B1.4 provides the
following:
In determining the sentence to impose within the guideline range, or whether a
departure from the guidelines is warranted, the court may consider, without
limitation, any information concerning the background, character and conduct of
the defendant, unless otherwise prohibited by law. See 18 U.S.C. § 3661.
The facts set forth in paragraphs 130 through 140 of the PSR provide information concerning the
background, character, and conduct of Defendant that the court may consider in determining the
sentence to impose within the guideline range, or whether a departure from the guidelines is
warranted. Furthermore, the Objections do not dispute or otherwise challenge the factual
Case 0:23-cr-60173-KMW Document 219 Entered on FLSD Docket 01/15/2025 Page 4 of 5
5
accuracy of any of the information set forth in paragraphs 130 through 140. Accordingly, the
Court should overrule Defendant’s objections to paragraphs 130 through 140.
Conclusion
The United States respectfully requests that the Court overrule Defendant’s objections to
the PSR as set forth above. The United States will address the sentencing factors under Title 18,
United States Code, Section 3553(a) and make a sentencing recommendation as to Defendant in a
sentencing memorandum to be filed with the Court.
Respectfully submitted,
MARKENZY LAPOINTE
UNITED STATES ATTORNEY
By: /s/ David A. Snider
David A. Snider
Assistant United States Attorney
Court ID No. A5502260
500 E. Broward Blvd
Fort Lauderdale, FL 33394
Tel: (954) 660-5696
Fax: (954) 356-7336
Email: david.snider@usdoj.gov
Case 0:23-cr-60173-KMW Document 219 Entered on FLSD Docket 01/15/2025 Page 5 of 5File and source
- File
- gov.uscourts.flsd.670191.219.0.pdf
- Size
- 137,005 bytes
- SHA-256
- 99dde676ff9d124d85c493a5fc783dd240f96d679fe5f9f7ab82908ca1c3c059
- Original
- PACER (login required)