Information — United States v. Tracy D. Wade (Dkt. 261, S.D. Fla. No. 0:23-cr-60173)

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U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 261 · 2025-05-06 · Docket on CourtListener

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
FT. LAUDERDALE DIVISION
CASE NO. 23-cr-60173-KMW-1, 2
UNITED STATES OF AMERICA, 
Miami, Florida 
Plaintiff,
August 12, 2024
vs.
1:03 p.m. - 1:17 p.m.
 
CAROLYN DENISE WADE and
TRACY D. WADE, 
Pages 1 to 11
 
Defendants. 
TRANSCRIPT OF TELEPHONIC STATUS CONFERENCE
BEFORE THE HONORABLE DONALD L. GRAHAM
UNITED STATES DISTRICT JUDGE
APPEARANCES:
 
FOR THE GOVERNMENT: 
DAVID A. SNIDER, ESQ.
UNITED STATES ATTORNEY'S OFFICE 
500 East Broward Boulevard 
Ft. Lauderdale, Florida 33394 
DERIC ZACCA, ESQ.
UNITED STATES ATTORNEY'S OFFICE
99 NE 4th Street
Miami, Florida 33132
FOR THE DEFENDANTS: 
DARYL ELLIOTT WILCOX, ESQ. 
5201 SW 18th Street 
Plantation, Florida 33317 
JOHNNY LEONARD McCRAY, JR., ESQ.
400 East Atlantic Boulevard
Pompano Beach, Florida 33060
STENOGRAPHICALLY REPORTED BY:
MARY ANN CASALE, RDR, FPR-C, CLR, CSR-IL
Official Court Reporter
United States District Court
Southern District of Florida
400 North Miami Avenue
Miami, Florida 33128
MaryAnn_Casale@flsd.uscourts.gov 
Case 0:23-cr-60173-KMW   Document 261   Entered on FLSD Docket 05/06/2025   Page 1 of 11

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THE COURT:  Good afternoon, Counsel.  We are having a 
status conference.  I will explain what occasioned this status 
conference.
I have three cases to get tried with a limited number 
of trial days in October and November.  So the dates that we 
are going to set are going to be permanent dates with no 
continuances.  I don't have the luxury of having six or seven 
cases on one docket, and I can interchange freely.  So please 
give us all of your updated information.  We'll call the Wade 
case first 
COURTROOM DEPUTY:  Calling case 23-criminal-60173, 
United States versus Carolyn Denise Wade.  
Counsel, state your appearances for the record, 
starting with the Government.  
MR. SNIDER:  Good afternoon, your Honor.  For the 
Government, you have Assistant United States Attorneys David 
Snider and Derek Zacca. 
THE COURT:  Good afternoon. 
MR. ZACCA:  Good afternoon, Judge.
MR. WILCOX:  Good afternoon, your Honor.  For Carolyn 
Wade and Tracy Wade, this is Daryl Elliott Wilcox. 
MR. McCRAY:  Good afternoon, Judge.  This is Johnny 
McCray, Jr.  I'm here on behalf of Tracy and Carolyn Wade, 
also. 
THE COURT:  Good afternoon, again, Everyone.  
Case 0:23-cr-60173-KMW   Document 261   Entered on FLSD Docket 05/06/2025   Page 2 of 11

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In this case, of course, the parties are aware that I 
issued an order to show cause.  I have received a response.  
In your absence, Mr. Wilcox and Mr. McCray, your case 
was scheduled for October 7th.  And I'm hopeful we can get 
this case tried in six or seven days.  I believe the last 
case, including receipt of the verdict, took five days.  I'm 
speculating that with two defendants the case can be tried, at 
least, in seven days.  
What are your comments in this regard, Counsel?  
MR. SNIDER:  Judge, on behalf of the Government -- 
this is David Snider -- that sounds accurate, and that's a 
reasonable expectation. 
THE COURT:  All right.  Thank you.
Mr. Wilcox and Mr. McCray?  
MR. McCRAY:  This is Johnny McCray.  Judge, I concur, 
six or seven days. 
MR. WILCOX:  Your Honor, this is Daryl Wilcox.  I 
have nothing to add.  
THE COURT:  All right.  Mr. Wilcox, we received word 
that your were -- been incapacitated.  We're glad to have you 
on the line, and you sound well.  And I'm assuming all is 
well.
MR. WILCOX:  Well, Judge, to be honest with you, I am 
about 70 percent.  I'm still recovering. 
THE COURT:  All right.  Let's see.  We have -- this 
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case is going to start on October 7th.  I don't foresee any 
issues, Mr. Wilcox.
What about your position?  
MR. WILCOX:  Your Honor, I could be fully healed in 
about two weeks -- Well, I shouldn't say fully healed.  I 
could be about 100 percent in about eight weeks.  
THE COURT:  You're going to be real trouble at 100 
percent, Mr. Wilcox.  
All right, Gentlemen.  I don't know that there's 
anything else that we need to discuss in this case.
MR. WILCOX:  Your Honor, we have the motions that 
we're contemplating filing by next Monday.  That would be the 
19th. 
THE COURT:  Is that the deadline for filing motions 
as set in the original scheduling order arrangement?  
MR. WILCOX:  Do we have a scheduling order, Judge?  
THE COURT:  Well, you don't have a scheduling order, 
but you do have a discovery order, which includes the setting 
of motions, as I recall.  The standing discovery order -- and 
remind me.  Does the standing discovery order have a deadline 
for motions?  
MR. SNIDER:  Judge, this is David Snider.  
I don't think that it does.  I think that the local 
rules provide that any motion shall be filed within -- I think 
it's 45 days of first appearance.  But the Government would 
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consent to a briefing schedule where motions could be filed.  
If defense counsel wants to file them by next week, that's 
fine with the Government. 
THE COURT:  So you want -- defense is requesting that 
motions be filed on what date, Counselor?  
MR. WILCOX:  Your Honor, we're going to have all of 
our motions in by next Monday.  
THE COURT:  So that would be the 19th.  All right.  
So motion deadline is the 19th.
And, Government, what are you requesting for a 
response?  
MR. SNIDER:  Well, I think we usually get two weeks 
under the -- 14 days under the rules.  I don't know how many 
motions they're planning on filing.  We haven't conferred yet.  
So I guess we'll -- we'll take the two weeks under the rules, 
and if we need more time, I'll ask the Court for more time, 
depending on the content of the motions and how many there 
are. 
THE COURT:  What are you contemplating, Defense?
MR. MCcRAY:  You mean what motions are we 
contemplating filing?  
THE COURT:  Yes, sir. 
MR. McCRAY:  Your Honor, we're thinking about filing 
two motions to dismiss, one based off (indiscernible) 
prosecution, another one based on the violation upgrade in the 
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first trial.  And we're probably going to get filed a 
(indiscernible) request. 
THE STENOGRAPHER:  Counsel, I didn't hear --
THE COURT:  When you say in the first trial, I'm not 
sure I'm clear.  The first trial ended in a hung jury.  We're 
getting ready to start the second trial, and I assume you are 
going to make some specific requests as to the second trial.  
So what is the theory there?  
MR. WILCOX:  The theory is that -- the theory, your 
Honor, that we're contemplating -- and we're probably going to 
file it -- is that during the first trial there was graded 
material that was not identified.  In fact, it was identified 
sort of, ambiguously as a general discovery, we thought.  And 
it should have been identified as (indiscernible) -- 
THE STENOGRAPHER:  Excuse me.  It should have been 
identified as what, Counsel.  I'm having a hard time hearing 
you. 
MR. WILCOX:  First of all, this is Daryl Wilcox,  
Madam Court Reporter.
We discovered -- it appeared that there were material 
that were disclosed at the 11th hour in the first trial that 
we're saying is clearly Brady but identified it in generic 
discovery response. 
THE COURT:  All right.  Well, I'm sure you will clear 
up your theory, Mr. Wilcox, in the motion -- 
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MR. WILCOX:  Yes, sir. 
THE COURT:  There is added in that, I'm not sure in 
any event, that the first trial would have an impact with 
respect to the second defendant.  But please be specific in 
your motion so I can fully follow your argument and determine 
if any relief is appropriate or not.  
So I think what we will do, just to be clear, we will 
issue a scheduling order, including the dates that you 
mentioned today, along with any other matters that we need to 
entertain.  We'll probably have a pretrial conference just 
before the trial.  And if there are any unique evidentiary 
issues, be sure to have those ready for some argument during 
our pretrial conference.  And keep in mind motions in limine 
are not motions that should be filed during the normal motion 
process.  So if there's something that's not evidentiary 
that's something that's unique, you should make sure you file 
it in accordance with the dates that we have already 
discussed.  
MR. McCRAY:  Judge, before we conclude -- I know 
Mr. Wilcox mentioned the 19th, Monday.
Can we have until the 21st, Wednesday, two extra 
days, Judge?  
THE COURT:  No.  The problem, Counsel, is time is 
fleeting. 
MR. McCRAY:  No problem. 
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THE COURT:  We don't want to be up against the 
deadline.  I have a couple of other cases.  And I have a lot 
pending on my docket.  I would think that being a Senior Judge 
I wouldn't have as much, but, I don't know, for some reason I 
seem to attract these cases that have hung juries and 
otherwise.  So I really need to get your motion so that we can 
take adequate time to get them decided, and I appreciate you 
getting everything filed timely. 
MR. MCcRAY:  No problem, Judge.
MR. SNIDER:  Judge, this is David Snider.
Are you setting a deadline for motions in limine?  I 
mean, the Government anticipates one motion in limine, 
anticipates renewing the motion that is filed as to the -- as 
to Carolyn Wade in the first trial, which the Court granted.  
I am going to renew that motion as to both defendants. 
THE COURT:  Tell me, once again, the relief 
requested. 
MR. SNIDER:  So I don't have it in front of me, but I 
can generally say that the Government was asking to exclude 
any evidence of lender negligence as it related to the PPP 
program.  There was an argument about -- it was -- you know, 
any jury nullification argument, the defense never -- 
THE COURT:  Jury nullification is obviously not 
allowed. 
MR. SNIDER:  Right.  
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THE COURT:  So what I suggest you do is file that 
motion now -- 
MR. SNIDER:  Okay. 
THE COURT:  -- so we can get it resolved early, and 
we won't be trying to reach issues at the very last minute.  
So if it's really just a repetition of what you filed 
previously, then your work is done, and you can simply re-file 
it, to the extent it will relate to both defendants. 
MR. SNIDER:  Yes.  We'll do that.  
And the second -- I haven't discussed this with 
defense counsel yet.  I don't think -- well, I'm not sure what 
their position will be.  But, obviously, the Government is 
going to ask the Court to exclude any reference to the first 
trial or to a hung jury or to a mistrial, anything to that 
effect. 
MR. WILCOX:  Now, Judge -- this is Daryl Wilcox.  
Now, your Honor, there may be instances where we have 
transcript of witnesses from the first trial, and it may be 
that I will refer to the first trial of another proceeding. 
THE COURT:  That would be appropriate, Mr. Wilcox, 
perhaps:  You testified in a prior proceeding. 
MR. SNIDER:  Yes. 
THE COURT:  Then ask your question in accordance with 
the impeachment or whatever the point is with respect to the 
prior testimony. 
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MR. WILCOX:  Thank you, your Honor. 
MR. SNIDER:  Judge, that's -- 
THE COURT:  We will get you a scheduling order within 
the next few days.  And we appreciate your cooperation.  
Thank you very, much Counsel.  
And get to 100 percent quickly, Mr. Wilcox.  
MR. WILCOX:  Thank you, your Honor. 
THE COURT:  We were concerned about you.  
All right.  Have a good day, Gentlemen. 
(The proceedings adjourned at 1:17 p.m.) 
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C E R T I F I C A T E
I certify that the foregoing pages represent a true 
and correct transcript of the above-styled proceedings as 
reported on the date, time, and location listed.  
This hearing occurred via Zoom Video Communications 
platform and is, therefore, subject to the technological 
limitations inherent in remote communications. 
I further certify that I am neither counsel for, 
related to, nor employed by any of the parties to the action 
in which this hearing was reported, and further that I am not 
financially nor otherwise interested in the outcome of the 
above-entitled matter.
DATE: 4/23/25 /s/Mary Ann Casale, RDR, FPR-C, CLR, CSR-IL 
Official Court Reporter
United States District Court
Southern District of Florida
400 North Miami Avenue 
Miami, Florida 33128
MaryAnn_Casale@flsd.uscourts.gov 
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