Information — United States v. Tracy D. Wade (Dkt. 257, 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. 257 · 2025-04-28 · Docket on CourtListener

Full text

UNITED STATES DISTRICT COURT, 
SOUTHERN DISTRICT OF FLORIDA 
 
 
UNITED STATES OF AMERICA,  
 
 
 
 
Plaintiff, 
 
 
 
 
 
v. 
 
 
 
 
 
 
 
 
TRACY D. WADE and 
CAROLYN D. WADE,  
 
 
CASE NO. 23-CR-60173 
 
 
Defendant.  
________________________________________________/ 
 
MOTION TO UNSEAL TRANSCRIPT DISCUSSED AT DOCKET ENTRY 
100 
 
 
Tracy D. Wade and Carolyn D. Wade, spouses and co-defendants, 
were convicted at trial of conspiracy, wire fraud, and false statement counts 
related to Paycheck Protection Program (PPP) loan applications.  They 
filed timely Notices of Appeal and appeals are pending in the Eleventh 
Circuit, cases 25-11132 and 25-11133.  Undersigned counsel was retained 
for appeal after the trial conviction and was not present at trial or for pretrial 
hearings.  Undersigned counsel has submitted Transcript Order Forms to 
obtain the transcripts of all trial and pretrial hearings, as is necessary for 
appeal.  One of the transcripts undersigned counsel ordered is Docket 
Entry 100, a Report Re: Counsel Hearing held on 7/15/24 as to both 
defendants.  The court reporter has reached out to undersigned counsel 
and informed him that the transcript cannot be prepared unless and until 
the docket entry is unsealed.   
Case 0:23-cr-60173-KMW   Document 257   Entered on FLSD Docket 04/28/2025   Page 1 of 3

Based on undersigned counsel’s conversations with the prosecutor 
as well as his clients, he believes the reason the docket entry/transcript 
was sealed is because as part of the Garcia hearing regarding possible 
conflicts of interest the Court had ex parte conversations with the 
defendants after excusing the government from the courtroom, presumably 
so the government would not become aware of any privileged defense 
information disclosed during questioning regarding both defendants being 
represented by the same counsel. 
The defendants understand that if the transcript/docket entry is 
unsealed, the matters contained therein will become public record, will 
become known to the government, and that any claim of privilege will be 
waived.  The defendants nevertheless wish to unseal this docket 
entry/transcript.  They wish for undersigned counsel to have access to all 
potentially relevant information and transcripts in order to diligently 
represent the defendants on appeal.  Although undersigned counsel does 
not know if any issues that could or would be raised on appeal arose at this 
hearing, the only way for counsel to determine that is to order and review 
the transcript.  The defense has ordered all pretrial and trial transcripts in 
this case for the same reason. 
Therefore, the defense moves this Court to unseal Docket Entry 100 
so that the transcript of the in-court pretrial hearing regarding defense 
Case 0:23-cr-60173-KMW   Document 257   Entered on FLSD Docket 04/28/2025   Page 2 of 3

counsel held on 7/15/24 can be prepared and utilized in the pending 
appeal.   
Undersigned counsel has consulted with opposing counsel, Assistant 
United States Attorney David Snider, who states that the government has 
no objection to unsealing the portion of the 7/15/24 proceeding that counsel 
for the government was present for, and as to the portion of the 7/15/24 
proceeding held ex parte without the presence of the government counsel, 
the government takes no position on unsealing. 
WHEREFORE, the defense moves this Court to unseal the transcript 
referenced in Docket Entry 100, the Report Re: Counsel Hearing held 
7/15/24. 
 
 
I HEREBY CERTIFY that a true and correct copy of the foregoing 
was served on all counsel of record in this cause, this 28th day of April, 
2025, via CM/ECF. 
 
 
Respectfully submitted, 
 
 
___/s/ Daniel Tibbitt_______ 
 
 
 
 
 
 
Daniel Tibbitt, Esq. 
 
 
 
 
 
 
Daniel J. Tibbitt, P.A. 
 
 
 
 
 
 
1175 NE 125th Street 
 
 
 
 
 
 
Suite 404 
 
 
 
 
 
 
North Miami, Fl. 33161 
 
 
 
 
 
 
(305) 384-6160 
 
 
 
 
 
 
Fl. Bar No.: 816361 
 
 
 
 
 
 
dan@tibbittlaw.com 
Case 0:23-cr-60173-KMW   Document 257   Entered on FLSD Docket 04/28/2025   Page 3 of 3

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