Court filing
Judgment — United States v. Tracy D. Wade (Dkt. 270, S.D. Fla. No. 0:23-cr-60173)
Filed May 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 | 2025-05-15 |
U.S. District Court for the Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 270 · 2025-05-15 · Docket on CourtListener
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Lance W. Steinbeisser - Federal Certified Realtime Reporter
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-CR-60173-KMW
UNITED STATES OF AMERICA,
Miami, Florida
Plaintiff,
October 23, 2024
vs.
11:14 AM - 1:34 PM
CAROLYN DENISE WADE and
TRACY D. WADE,
DAY 9
Defendants.
Pages 1 to 23
____________________________________________________________
TRANSCRIPT OF JURY TRIAL
HELD BEFORE THE HONORABLE DONALD L. GRAHAM
UNITED STATES DISTRICT JUDGE
FOR THE GOVERNMENT:
DAVID A. SNIDER, AUSA
ADAM LOVE, AUSA
United States Attorney's Office
ON BEHALF OF THE DEFENDANTS:
JOHNNY L MCCRAY, JR., ESQ.
Law Office of Johnny L. McCray, Jr, P.A.
and
DARYL E. WILCOX, ESQ.
ALSO PRESENT: Carolyn Wade
Tracy Wade
Hendrith V.A. Smith, paralegal
LANCE W. STEINBEISSER, FCRR, RPR, FPR-C
Official Court Reporter
United States District Court
400 North Miami Avenue
Miami, Florida 33128
305.523.5633
Proceedings recorded by mechanical stenography; transcript
produced by computer-aided transcription.
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T A B L E O F C O N T E N T S
PAGE
Verdict...........................................
10
Certificate of Reporter...........................
19
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(Call to the Order of the Court.)
THE COURT: All right, ladies and gentlemen. We have
received two questions.
Question one: "Does it matter when a defendant
agreed or participated in the conspiracy?" emphasis on when,
signed by Mr. Vera, who is the foreperson, Juror Number 8.
And now I see the jury box is on the opposite sides. I have
to get oriented here. All right. That's question one.
Let's go to question two, which I think is the easier
of the two:
"Help us understand why Tracy Wade is charged with
Count 2 and 3 and Carolyn Wade only Count 3."
That really isn't a question that I can answer. The
Government decides the charging process, so I don't know that
I can answer that question.
Counsel?
MR. MCCRAY: Judge, with respect to Count 2, it would
be my position that the Court says that the government has
charged, and you must decide whether or not they proved it
beyond a reasonable doubt. I think that's the simplest and
the only way you can answer that properly.
THE COURT: They've been advised what the counts
are --
MR. MCCRAY: Right.
THE COURT: -- and who's charged in each count, and
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they must make the decision as to the counts charged.
MR. SNIDER: I agree. I don't think it's an area
that we can wade into in terms of answering this question. I
don't think they need to be instructed again on reasonable
doubt. I think that's very clear. I think the answer, as the
Court just suggested, is that we can't tell you why someone
was charged in one count versus others. Those are the
charging decisions that the Government has made. You'll just
have to deliberate based upon the charges as they are in the
indictment.
THE COURT: All right. In order to be expeditious,
I'm going to have the jurors come in and explain the responses
here in open court. Sometimes we communicate in writing. For
these questions, I'm going to respond directly to them, and I
will integrate your answers or suggested answers in a
statement to the jury as to the second question.
The first question: "Does it matter when a defendant
agreed or participated in the conspiracy?" emphasis on when.
Can I see the indictment?
So the conspiracy counts are Counts 1 and 4. Those
are the only two conspiracy counts; correct, Counsel?
MR. SNIDER: That's correct, Judge.
THE COURT: And Count 1 alleges from in or about
May 2021 through in or about August '21. Count 4 alleges the
same time period. So what is your suggestion as to the
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response?
MR. SNIDER: One thought that the Government had,
Judge, was to read the instruction on or about a particular
date. I don't know if that gives any more clarity to the
question that they've raised. I think what matters, Judge, is
that the Government has proved that the conspiracy -- that the
defendants participated in the conspiracy during the period
that's alleged in the indictment in each count. I think
that's what matters, if the Court wants to address the
question of what matters.
THE COURT: You know, we don't like to delve too much
in what they're thinking about --
MR. SNIDER: Right, right.
THE COURT: -- but it seems like the gist of the
question is: Does it matter when a person joins in the
conspiracy between the dates charged?
MR. SNIDER: I think that does not matter if it's
within the period.
THE COURT: But I want to be as general as I possibly
can.
MR. WILCOX: Your Honor, we would just add that you
instruct the jury to rely on the instructions that you've
already given them.
THE COURT: Well, I have to be a little more
responsive than that. I mean, they ask a question and I say,
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"Read the instructions." Well, we have to presume they've
read the instructions, so I think I would at least have to
tell them that it's alleged that the two conspiracies occurred
from in or around May through August 21.
MR. SNIDER: August 2021, Judge.
THE COURT: August 2021, I'm sorry.
Is there any instruction that states that a party can
join at any time? I mean, we know what the law is. If you
join in a conspiracy at any time during the stage of the
conspiracy, you can be a conspirator. We know that is the
law, but the question is -- I would like to simply point to
some specific language that on or about addresses the issue
and the dates in the counts address the issue. Is there any
other instruction that embraces this point?
MR. WILCOX: I don't believe any instruction that's
included in the instruction that the Court has sent back.
THE COURT: Let's take a quick look at the counts
again and see if there's any assistance.
Interestingly, the indictment makes certain
allegations about when certain things happened throughout the
period of the conspiracy. So what really is the gravamen of
the question?
There is a paragraph that embraces the issue. In the
conspiracy count, it says, "If the defendant played only a
minor part in the plan but had a general understanding of the
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unlawful purpose of the plan and willfully joined in the plan
on at least one occasion, that's sufficient to find the
defendant guilty." Join on one occasion, which you would
think by inference means one occasion during the period of the
conspiracy, if they had a general understanding of the
unlawful purpose and willfully joined in the plan.
MR. SNIDER: Yes. I would agree with that.
MR. WILCOX: Your Honor, we would object to the Court
highlighting any particular part of the instruction, placing
emphasis on a particular part of the instructions that they
have, that they can read for themselves.
THE COURT: So another issue is which conspiracy are
they talking about? Is it 1 or 2? The language is different
for each of the conspiracies. One could infer that they're
really talking about Count 1, but it's not clear because that
would help with a response.
MR. MCCRAY: Judge, it's the defense's position that
we're running the risk, by interpreting the instructions,
telling them which instruction may apply to this question. I
think that we run the risk of attaching -- you may not agree,
Judge, but --
THE COURT: No, I'm listening to you.
MR. MCCRAY: I'm saying by this Court -- if this
Court were to highlight a particular instruction or a
particular part of an instruction and we don't know exactly
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why they're asking this question, I think that's unduly
prejudicial. I think we're giving credibility --
THE COURT: Well, I wouldn't do it the way you're
framing it. I would ask them, You make reference to a
conspiracy count. Are you referring to Count 1, 4, or both?
Right? That's what I would present to them, and then we would
know more directly how to respond with regard to the language.
MR. WILCOX: Your Honor, the language that you were
speaking of before is in both counts -- in both Counts 1 and
Count 4.
MR. MCCRAY: We think it's covered, Judge, by the
pattern instructions that the Court has given. And, you know,
even if we find out that they're talking about the first
conspiracy count or the second conspiracy count, we think the
language, as presently is, we think it answers it --
THE COURT: Well, it obviously doesn't because they
asked the question.
MR. MCCRAY: But I don't think we are in the position
to answer the question, Judge.
THE WITNESS: All right. Bring the jury in, please.
Thank you for your input.
(Jury entered at 11:32 AM.)
THE COURT: Good morning, again.
So we have two questions that you have asked, and we
may have a question too.
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So the first question I will respond to is: "Help us
understand why Tracy Wade is charged with Count 2 and 3 and
Carolyn Wade only Count 3."
That is a question that I cannot answer because the
Government brings the charges, and we're bound to the charges
brought. So that question is not within the purview of the
Court. So that's the response to the second question that was
presented.
The first question we need to be a little more
specific. There are two conspiracies charged in the
indictment, and the question is: "Does it matter when a
defendant agreed to participate in a conspiracy?" emphasis on
when.
So the question we have is are you referring to
Counts 1 and 4, both conspiracies, or one? Because they both
have different language. And frankly, in the end, the best I
would be able to do would be to refer you back to the
instruction that relates to that count. It is a fine line
between the law and the facts. And I can tell you what the
law is, but as far as your interpretation of the law, that's a
matter that the jury decides.
Now, sometimes the answer is in the instruction, and
sometimes I reread an instruction. But we have to be careful
because I don't want to say anything that directs you in one
direction or the other because you decide the factual issues
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consistent with the law.
So what I will ask you to do is to go back into the
deliberation room and let us know, number one, is your
question with reference to the conspiracy in Count 1, Count 4,
or both. That will give us a little more direction. So I'll
ask you to excuse yourself at this time.
(Jury exited at 11:37 AM.)
THE COURT: Let's hope we get a response momentarily.
(Pause in the proceedings to 11:45 AM.)
THE COURT: We have received a response. I just made
the statement to my clerk. I can't really -- oh.
"The jury has decided that we no longer need
clarification after reading the instructions." So that
resolves the issue, and we will be in recess. Thank you.
(Recess from 11:46 AM to 1:20 PM.)
THE COURT: We have received a communication that the
jury has reached a verdict on all counts. Is there any reason
the Court should not accept the verdict at this time?
MR. SNIDER: No, Your Honor.
MR. MCCRAY: No, Judge.
THE COURT: Bring the jury in, please.
(Jury entered at 1:20 PM.)
THE COURT: I have received a communication that the
jury has reached a verdict on all counts.
Mr. Vera, has the jury reached a verdict on all
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counts?
THE FOREPERSON: We have, Your Honor.
THE COURT: Would you pass the verdict form in the
folder to the security officer.
I will ask the deputy to publish the verdict, and
then the jury will be polled.
THE COURTROOM DEPUTY: Case Number 23-cr-60173, the
United States of America versus Carolyn Denise Wade and
Tracy D. Wade.
"Verdict.
"We, the jury in the above-captioned case,
unanimously find the following as to Count 1 of the
superseding indictment as follows: We find the defendant,
Tracy D. Wade, guilty.
"As to Count 2 of the superseding indictment, we find
the defendant, Tracy D. Wade, guilty.
"As to Count 3 of the superseding indictment, we find
the defendant, Tracy D. Wade, guilty.
"As to Count 4 of the superseding indictment, we find
the defendant, Tracy D. Wade, guilty.
"As to Count 6 of the superseding indictment, we find
the defendant, Tracy D. Wade, guilty.
"As to Count 7 of the superseding indictment, we find
the defendant, Tracy D. Wade, guilty.
"As to Count 10 of the superseding indictment, we
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find the defendant, Tracy D. Wade, guilty.
"So say we all, signed by the foreperson, today's
date."
Case Number 23-60173-cr, the United States of America
versus Carolyn Denise Wade and Tracy D. Wade.
"We, the jury in the above-captioned case,
unanimously find the following as to Count 1 of the
superseding indictment. We find the defendant, Carolyn Denise
Wade, guilty.
"As to Count 3 of the superseding indictment, we find
the defendant, Carolyn Denise Wade, guilty.
"As to Count 4 of the superseding indictment, we find
the defendant, Carolyn Denise Wade, guilty.
"As to Count 5 of the superseding indictment, we find
the defendant, Carolyn Denise Wade, guilty.
"As to Count 8 of the superseding indictment, we find
the defendant, Carolyn Denise Wade, guilty.
"As to Count 9 of the superseding indictment, we find
the defendant, Carolyn Denise Wade, guilty.
"So say we all, signed by the foreperson,
October 23rd, 2024."
THE COURT: At this time, ladies and gentlemen, you
will be polled. When your name is called, you will respond
either yes or no as to whether the verdict as read is your
verdict.
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Please poll the jury.
THE COURTROOM DEPUTY: Juror Number 1, Jose Ramos, is
the verdict read your true verdict?
JUROR NUMBER 1: Yes.
THE COURTROOM DEPUTY: Juror Number 2, Mario
Aulicino, is this your true verdict?
JUROR NUMBER 2: Yes.
THE COURTROOM DEPUTY: Juror Number 3, Samantha
Loynaz, is this your true verdict?
JUROR NUMBER 3: Yes.
THE COURTROOM DEPUTY: Juror Number 4, Viviane
Infante, is this your true verdict?
JUROR NUMBER 4: Yes.
THE COURTROOM DEPUTY: Juror Number 5, Stephen
Schaffer, is this your true verdict?
JUROR NUMBER 5: Yes.
THE COURTROOM DEPUTY: Juror Number 6, Olga
Bustamante, is this your true verdict?
JUROR NUMBER 6: Yes.
THE COURTROOM DEPUTY: Juror Number 7, Gabriel
Sanchez, is this your true verdict?
JUROR NUMBER 7: Yes.
THE COURTROOM DEPUTY: Juror Number 8, Hernan Vera,
is this your true verdict?
JUROR NUMBER 8: Yes.
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THE COURTROOM DEPUTY: Juror Number 9, Susy Gomez, is
this your true verdict?
JUROR NUMBER 9: Yes.
THE COURTROOM DEPUTY: Juror Number 10, Nicholas
Mandri, is this your true verdict?
JUROR NUMBER 10: Yes.
THE COURTROOM DEPUTY: Juror Number 12, Tammie
Williams, is this your true verdict?
JUROR NUMBER 12: Yes.
THE COURTROOM DEPUTY: Juror Number 13, Dangela
Dimercurio, is this your true verdict?
JUROR NUMBER 13: Yes.
THE COURT: Thank you very much, ladies and
gentlemen. I want to thank you very much for your service. I
do not count or comment on the verdict itself because the
verdict as read is your verdict. By taking the time out of
your daily lives to participate in the jury system, our
judicial system, we can't thank you enough.
I'll ask you to go into the jury deliberation room.
I'll join you in just a few moments and excuse you
permanently. Thank you very much.
(Jury exited at 1:27 PM.)
THE COURT: In accordance with the verdict as read in
the case of the United States of America versus Carolyn Denise
Wade and Tracy D. Wade, you are adjudged guilty as the verdict
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form was published.
Are there additional matters by the parties at this
time?
MR. SNIDER: Yes, Your Honor.
THE COURT: I didn't hear you.
MR. SNIDER: Yes.
THE COURT: All right. Yes, sir.
You may be seated, ladies and gentlemen.
MR. SNIDER: With respect to Defendant Tracy Wade,
based on the jury's verdict and the Court having adjudged
Mr. Wade guilty, the United States is making a motion to have
his bond revoked and Mr. Wade remanded into custody pending
sentencing in this case.
THE COURT: Do you have some particular factual
issues that you want to point out?
MR. SNIDER: I do, Your Honor.
THE COURT: All right.
MR. SNIDER: Let me just start with the standard, if
I may.
Under Title 18, United States Code, Section 3143, it
provides that the judicial officer shall order that a person
who has been found guilty of an offense and who is awaiting
sentencing -- sorry -- awaiting imposition or execution of
sentence shall be detained unless the judicial officer finds
by clear and convincing evidence that the person is not likely
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to flee or pose a danger to the safety of any other person in
the community if released.
Your Honor, on the evening of Monday, October 21,
two days ago, I received a text message from the attorney
representing Haydee Rivero presently. His name is
Mr. Schwartz. Mr. Schwartz advised me that -- a few things --
that Ms. Rivero and Mr. Rivero had received phone calls in
which threats had been made to their lives and that a text
message was received by Ms. Rivero from a phone number that is
presently assigned to Tracy Wade. That text message -- we are
investigating -- that text message had content, which I don't
want to reveal in open court --
THE COURT: Well, if -- do you want me to consider it
or not?
MR. SNIDER: Okay. So we are investigating the
context of it. It said, "About 44." We don't know what that
means. We are -- let me just keep going with the chronology
here.
Upon receiving that information from Mr. Schwartz, I
requested that the FBI investigate this matter. Agent
DiPietrantonio, I spoke with her. I relayed what Mr. Schwartz
had told me, and Kelly DiPietrantonio went to the home of
Mr. and Mrs. Rivero to interview them and interview them
separately, which she did.
I think she can address the Court as to -- or
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summarize what she learned, if the Court would like. It's my
understanding, based on my conversations with Agent
DiPietrantonio, that Mr. Wade -- I'm sorry -- that Mr. Rivero
had received at least two phone calls in which harm was being
threatened against him and his family and that --
THE COURT: By whom?
MR. SNIDER: The caller was unknown. The caller was
unknown. It was a male's voice. I'm not suggesting that that
person was Mr. Wade. Ms. Rivero was interviewed as well. She
stated to the FBI that she had also received more than one
phone call from an unknown number in which a male voice had
threatened to, I believe, "kill Eddie" was the words.
And we're looking into this -- we, the Government and
the FBI. And as far as the text message, all we have is a
text message that was sent from Mr. Wade's number to
Ms. Rivero with the words "About 44." The condition --
THE COURT: "About 44" means?
MR. SNIDER: I don't know what it means.
THE COURT: No idea what it means.
MR. SNIDER: I don't know what it means.
THE COURT: All right.
MR. SNIDER: I do know that there is a condition of
Mr. Wade's bond that precludes him from having any contact
with any witnesses in this case. And certainly Ms. Rivero not
only was listed as a Government witness but actually testified
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for the Government, and this message was sent after her
testimony.
THE COURT: All right. Well, based on what I've
heard, I'm not going to remand anyone. However, it sounds
like the Government is investigating this matter. I will
notify the magistrate that this matter should be set for a
bond hearing when the Government notifies that you're ready to
proceed.
MR. SNIDER: Very well.
THE COURT: And you stay in touch with defense
counsel, letting them know when such a hearing will be held,
and the same conditions that were a part of the original bond,
as explained to you about defendants not having contact with
anyone, are in effect.
MR. SNIDER: Very well.
THE COURT: All right. Anything further by the
defense?
MR. MCCRAY: Not from the defense, Judge.
THE COURT: All right. Thank you all very much. We
are in recess.
MR. WILCOX: Thank you.
(Proceedings concluded at 1:34 PM.)
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CERTIFICATE OF REPORTER
I certify that the foregoing is a correct
transcription of the record of proceedings in the
above-entitled matter prepared from my stenotype notes.
DATE: 14th of May, 2025
/s/Lance W. Steinbeisser
Lance W. Steinbeisser,
FCRR, RPR, FPR-C
Official Court Reporter
United States District Court
Southern District of Florida
Miami, Florida
Case 0:23-cr-60173-KMW Document 270 Entered on FLSD Docket 05/15/2025 Page 19 of 23
'
'21 [1] - 4:24
/
/s/Lance [1] - 19:5
1
1 [13] - 1:8, 4:20,
4:23, 7:13, 7:15,
8:5, 8:9, 9:15, 10:4,
11:12, 12:7, 13:2,
13:4
10 [4] - 2:3, 11:25,
14:4, 14:6
11:14 [1] - 1:6
11:32 [1] - 8:22
11:37 [1] - 10:7
11:45 [1] - 10:9
11:46 [1] - 10:15
12 [2] - 14:7, 14:9
13 [2] - 14:10, 14:12
15th [1] - 19:5
18 [1] - 15:20
19 [2] - 1:8, 2:4
1:20 [2] - 10:15,
10:22
1:27 [1] - 14:22
1:34 [2] - 1:6, 18:22
2
2 [7] - 3:12, 3:17,
7:13, 9:2, 11:15,
13:5, 13:7
2021 [3] - 4:24, 6:5,
6:6
2024 [2] - 1:4, 12:21
2025 [1] - 19:5
21 [2] - 6:4, 16:3
23 [1] - 1:4
23-60173-cr [1] - 12:4
23-cr-60173 [1] - 11:7
23-CR-60173-KMW
[1] - 1:2
23rd [1] - 12:21
3
3 [8] - 3:12, 9:2, 9:3,
11:17, 12:10, 13:8,
13:10
305.523.5633 [1] -
1:23
3143 [1] - 15:20
33128 [1] - 1:23
4
4 [10] - 4:20, 4:24,
8:5, 8:10, 9:15,
10:4, 11:19, 12:12,
13:11, 13:13
400 [1] - 1:22
44 [3] - 16:16, 17:16,
17:17
5
5 [3] - 12:14, 13:14,
13:16
6
6 [3] - 11:21, 13:17,
13:19
7
7 [3] - 11:23, 13:20,
13:22
8
8 [4] - 3:6, 12:16,
13:23, 13:25
9
9 [4] - 1:7, 12:18,
14:1, 14:3
A
able [1] - 9:17
above-captioned [2]
- 11:11, 12:6
above-entitled [1] -
19:3
accept [1] - 10:18
accordance [1] -
14:23
ADAM [1] - 1:13
add [1] - 5:21
additional [1] - 15:2
address [3] - 5:9,
6:13, 16:25
addresses [1] - 6:12
adjudged [2] - 14:25,
15:10
advised [2] - 3:22,
16:6
Agent [2] - 16:20,
17:2
ago [1] - 16:4
agree [3] - 4:2, 7:7,
7:20
agreed [3] - 3:5, 4:18,
9:12
aided [1] - 1:25
allegations [1] - 6:20
alleged [2] - 5:8, 6:3
alleges [2] - 4:23,
4:24
ALSO [1] - 1:18
AM [5] - 1:6, 8:22,
10:7, 10:9, 10:15
America [3] - 11:8,
12:4, 14:24
AMERICA [1] - 1:3
answer [7] - 3:13,
3:15, 3:21, 4:5,
8:19, 9:4, 9:22
answering [1] - 4:3
answers [3] - 4:15,
8:15
apply [1] - 7:19
April [1] - 19:5
area [1] - 4:2
assigned [1] - 16:10
assistance [1] - 6:18
attaching [1] - 7:20
attorney [1] - 16:4
Attorney's [1] - 1:14
August [4] - 4:24,
6:4, 6:5, 6:6
Aulicino [1] - 13:6
AUSA [2] - 1:13, 1:13
Avenue [1] - 1:22
awaiting [2] - 15:22,
15:23
B
based [4] - 4:9,
15:10, 17:2, 18:3
BEFORE [1] - 1:10
BEHALF [1] - 1:15
best [1] - 9:16
between [2] - 5:16,
9:19
beyond [1] - 3:20
bond [4] - 15:12,
17:23, 18:7, 18:12
bound [1] - 9:5
box [1] - 3:7
bring [2] - 8:20,
10:21
brings [1] - 9:5
brought [1] - 9:6
Bustamante [1] -
13:18
C
caller [2] - 17:7
cannot [1] - 9:4
captioned [2] -
11:11, 12:6
careful [1] - 9:23
CAROLYN [1] - 1:7
Carolyn [12] - 1:18,
3:12, 9:3, 11:8,
12:5, 12:8, 12:11,
12:13, 12:15,
12:17, 12:19, 14:24
Case [2] - 11:7, 12:4
CASE [1] - 1:2
case [5] - 11:11,
12:6, 14:24, 15:13,
17:24
certain [2] - 6:19,
6:20
certainly [1] - 17:24
Certificate [1] - 2:4
CERTIFICATE [1] -
19:1
certify [1] - 19:2
charged [8] - 3:11,
3:19, 3:25, 4:1, 4:7,
5:16, 9:2, 9:10
charges [3] - 4:9, 9:5
charging [2] - 3:14,
4:8
chronology [1] -
16:17
clarification [1] -
10:13
clarity [1] - 5:4
clear [3] - 4:5, 7:15,
15:25
clerk [1] - 10:11
Code [1] - 15:20
comment [1] - 14:15
communicate [1] -
4:13
communication [2] -
10:16, 10:23
community [1] - 16:2
computer [1] - 1:25
computer-aided [1] -
1:25
concluded [1] -
18:22
condition [2] - 17:16,
17:22
conditions [1] -
Lance W. Steinbeisser - Federal Certified Realtime Reporter
20
18:12
consider [1] - 16:13
consistent [1] - 10:1
conspiracies [4] -
6:3, 7:14, 9:10,
9:15
conspiracy [18] - 3:5,
4:18, 4:20, 4:21,
5:6, 5:7, 5:16, 6:9,
6:10, 6:21, 6:24,
7:5, 7:12, 8:5, 8:14,
9:12, 10:4
conspirator [1] - 6:10
contact [2] - 17:23,
18:13
content [1] - 16:11
context [1] - 16:16
conversations [1] -
17:2
convincing [1] -
15:25
correct [3] - 4:21,
4:22, 19:2
counsel [2] - 3:16,
18:11
Counsel [1] - 4:21
Count [25] - 3:12,
3:17, 4:23, 4:24,
7:15, 8:5, 8:10, 9:2,
9:3, 10:4, 11:12,
11:15, 11:17,
11:19, 11:21,
11:23, 11:25, 12:7,
12:10, 12:12,
12:14, 12:16, 12:18
count [9] - 3:25, 4:7,
5:8, 6:24, 8:5, 8:14,
9:18, 14:15
Counts [3] - 4:20,
8:9, 9:15
counts [10] - 3:22,
4:1, 4:20, 4:21,
6:13, 6:17, 8:9,
10:17, 10:24, 11:1
COURT [39] - 1:1,
3:2, 3:22, 3:25,
4:11, 4:23, 5:11,
5:14, 5:19, 5:24,
6:6, 6:17, 7:12,
7:22, 8:3, 8:16,
8:23, 10:8, 10:10,
10:16, 10:21,
10:23, 11:3, 12:22,
14:13, 14:23, 15:5,
15:7, 15:14, 15:17,
16:13, 17:6, 17:17,
17:19, 17:21, 18:3,
18:10, 18:16, 18:19
Court [18] - 1:21,
1:22, 3:1, 3:18, 4:6,
Case 0:23-cr-60173-KMW Document 270 Entered on FLSD Docket 05/15/2025 Page 20 of 23
5:9, 6:16, 7:8, 7:23,
7:24, 8:12, 9:7,
10:18, 15:10,
16:25, 17:1, 19:6,
19:7
court [2] - 4:13,
16:12
COURTROOM [13] -
11:7, 13:2, 13:5,
13:8, 13:11, 13:14,
13:17, 13:20,
13:23, 14:1, 14:4,
14:7, 14:10
covered [1] - 8:11
credibility [1] - 8:2
custody [1] - 15:12
D
daily [1] - 14:17
Dangela [1] - 14:10
danger [1] - 16:1
DARYL [1] - 1:17
DATE [1] - 19:5
date [2] - 5:4, 12:3
dates [2] - 5:16, 6:13
DAVID [1] - 1:13
DAY [1] - 1:7
days [1] - 16:4
decide [2] - 3:19,
9:25
decided [1] - 10:12
decides [2] - 3:14,
9:21
decision [1] - 4:1
decisions [1] - 4:8
Defendant [1] - 15:9
defendant [18] - 3:4,
4:17, 6:24, 7:3,
9:12, 11:13, 11:16,
11:18, 11:20,
11:22, 11:24, 12:1,
12:8, 12:11, 12:13,
12:15, 12:17, 12:19
defendants [2] - 5:7,
18:13
Defendants [1] - 1:8
DEFENDANTS [1] -
1:15
defense [3] - 18:10,
18:17, 18:18
defense's [1] - 7:17
deliberate [1] - 4:9
deliberation [2] -
10:3, 14:19
delve [1] - 5:11
DENISE [1] - 1:7
Denise [9] - 11:8,
12:5, 12:8, 12:11,
12:13, 12:15,
12:17, 12:19, 14:24
deputy [1] - 11:5
DEPUTY [13] - 11:7,
13:2, 13:5, 13:8,
13:11, 13:14,
13:17, 13:20,
13:23, 14:1, 14:4,
14:7, 14:10
detained [1] - 15:24
different [2] - 7:13,
9:16
Dimercurio [1] -
14:11
DiPietrantonio [3] -
16:21, 16:22, 17:3
direction [2] - 9:25,
10:5
directly [2] - 4:14, 8:7
directs [1] - 9:24
DISTRICT [3] - 1:1,
1:1, 1:11
District [3] - 1:22,
19:7, 19:7
DONALD [1] - 1:10
doubt [2] - 3:20, 4:5
during [3] - 5:7, 6:9,
7:4
E
easier [1] - 3:9
Eddie [1] - 17:12
effect [1] - 18:14
either [1] - 12:24
embraces [2] - 6:14,
6:23
emphasis [4] - 3:5,
4:18, 7:10, 9:12
end [1] - 9:16
entered [2] - 8:22,
10:22
entitled [1] - 19:3
ESQ [2] - 1:16, 1:17
evening [1] - 16:3
evidence [1] - 15:25
exactly [1] - 7:25
excuse [2] - 10:6,
14:20
execution [1] - 15:23
exited [2] - 10:7,
14:22
expeditious [1] -
4:11
explain [1] - 4:12
explained [1] - 18:13
F
facts [1] - 9:19
factual [2] - 9:25,
15:14
family [1] - 17:5
far [2] - 9:20, 17:14
FBI [3] - 16:20, 17:10,
17:14
FCRR [2] - 1:21, 19:6
few [2] - 14:20, 16:6
fine [1] - 9:18
first [4] - 4:17, 8:13,
9:1, 9:9
flee [1] - 16:1
FLORIDA [1] - 1:1
Florida [4] - 1:3,
1:23, 19:7, 19:8
folder [1] - 11:4
following [2] - 11:12,
12:7
follows [1] - 11:13
FOR [1] - 1:12
foregoing [1] - 19:2
foreperson [3] - 3:6,
12:2, 12:20
FOREPERSON [1] -
11:2
form [2] - 11:3, 15:1
FPR [2] - 1:21, 19:6
FPR-C [2] - 1:21,
19:6
framing [1] - 8:4
frankly [1] - 9:16
G
Gabriel [1] - 13:20
general [3] - 5:19,
6:25, 7:5
gentlemen [4] - 3:2,
12:22, 14:14, 15:8
gist [1] - 5:14
given [2] - 5:23, 8:12
Gomez [1] - 14:1
GOVERNMENT [1] -
1:12
Government [10] -
3:14, 4:8, 5:2, 5:6,
9:5, 17:13, 17:25,
18:1, 18:5, 18:7
government [1] -
3:18
GRAHAM [1] - 1:10
gravamen [1] - 6:21
guilty [17] - 7:3,
11:14, 11:16,
11:18, 11:20,
11:22, 11:24, 12:1,
12:9, 12:11, 12:13,
12:15, 12:17,
12:19, 14:25,
15:11, 15:22
H
harm [1] - 17:4
Haydee [1] - 16:5
hear [1] - 15:5
heard [1] - 18:4
hearing [2] - 18:7,
18:11
HELD [1] - 1:10
held [1] - 18:11
help [3] - 3:11, 7:16,
9:1
Hendrith [1] - 1:19
Hernan [1] - 13:23
highlight [1] - 7:24
highlighting [1] - 7:9
home [1] - 16:22
Honor [8] - 5:21, 7:8,
8:8, 10:19, 11:2,
15:4, 15:16, 16:3
HONORABLE [1] -
1:10
hope [1] - 10:8
I
idea [1] - 17:19
imposition [1] -
15:23
included [1] - 6:16
indictment [18] -
4:10, 4:19, 5:8,
6:19, 9:11, 11:13,
11:15, 11:17,
11:19, 11:21,
11:23, 11:25, 12:8,
12:10, 12:12,
12:14, 12:16, 12:18
Infante [1] - 13:12
infer [1] - 7:14
inference [1] - 7:4
information [1] -
16:19
input [1] - 8:21
instruct [1] - 5:22
instructed [1] - 4:4
instruction [12] - 5:3,
6:7, 6:14, 6:15,
6:16, 7:9, 7:19,
7:24, 7:25, 9:18,
9:22, 9:23
instructions [7] -
Lance W. Steinbeisser - Federal Certified Realtime Reporter
21
5:22, 6:1, 6:2, 7:10,
7:18, 8:12, 10:13
integrate [1] - 4:15
interestingly [1] -
6:19
interpretation [1] -
9:20
interpreting [1] -
7:18
interview [2] - 16:23
interviewed [1] - 17:9
investigate [1] -
16:20
investigating [3] -
16:11, 16:15, 18:5
issue [5] - 6:12, 6:13,
6:23, 7:12, 10:14
issues [2] - 9:25,
15:15
itself [1] - 14:15
J
JOHNNY [1] - 1:16
Johnny [1] - 1:16
join [4] - 6:8, 6:9, 7:3,
14:20
joined [2] - 7:1, 7:6
joins [1] - 5:15
Jose [1] - 13:2
JR [1] - 1:16
Jr [1] - 1:16
judge [2] - 3:17, 7:17
JUDGE [1] - 1:11
Judge [9] - 4:22, 5:3,
5:5, 6:5, 7:21, 8:11,
8:19, 10:20, 18:18
judicial [3] - 14:18,
15:21, 15:24
Juror [13] - 3:6, 13:2,
13:5, 13:8, 13:11,
13:14, 13:17,
13:20, 13:23, 14:1,
14:4, 14:7, 14:10
JUROR [12] - 13:4,
13:7, 13:10, 13:13,
13:16, 13:19,
13:22, 13:25, 14:3,
14:6, 14:9, 14:12
jurors [1] - 4:12
Jury [4] - 8:22, 10:7,
10:22, 14:22
jury [16] - 3:7, 4:16,
5:22, 8:20, 9:21,
10:12, 10:17,
10:21, 10:24,
10:25, 11:6, 11:11,
12:6, 13:1, 14:17,
14:19
Case 0:23-cr-60173-KMW Document 270 Entered on FLSD Docket 05/15/2025 Page 21 of 23
JURY [1] - 1:10
jury's [1] - 15:10
K
keep [1] - 16:17
Kelly [1] - 16:22
kill [1] - 17:12
L
ladies [4] - 3:2,
12:22, 14:13, 15:8
Lance [1] - 19:5
LANCE [1] - 1:21
language [6] - 6:12,
7:13, 8:7, 8:8, 8:15,
9:16
Law [1] - 1:16
law [6] - 6:8, 6:11,
9:19, 9:20, 10:1
learned [1] - 17:1
least [3] - 6:2, 7:2,
17:4
letting [1] - 18:11
likely [1] - 15:25
line [1] - 9:18
listed [1] - 17:25
listening [1] - 7:22
lives [2] - 14:17, 16:8
look [1] - 6:17
looking [1] - 17:13
LOVE [1] - 1:13
Loynaz [1] - 13:9
M
magistrate [1] - 18:6
male [1] - 17:11
male's [1] - 17:8
Mandri [1] - 14:5
Mario [1] - 13:5
matter [10] - 3:4,
4:17, 5:15, 5:17,
9:11, 9:21, 16:20,
18:5, 18:6, 19:3
matters [4] - 5:5, 5:9,
5:10, 15:2
MCCRAY [9] - 1:16,
3:17, 3:24, 7:17,
7:23, 8:11, 8:18,
10:20, 18:18
McCray [1] - 1:16
mean [2] - 5:25, 6:8
means [6] - 7:4,
16:17, 17:17,
17:18, 17:19, 17:20
mechanical [1] - 1:24
message [7] - 16:4,
16:9, 16:10, 16:11,
17:14, 17:15, 18:1
Miami [4] - 1:3, 1:22,
1:23, 19:8
minor [1] - 6:25
momentarily [1] -
10:8
moments [1] - 14:20
Monday [1] - 16:3
morning [1] - 8:23
motion [1] - 15:11
MR [33] - 3:17, 3:24,
4:2, 4:22, 5:2, 5:13,
5:17, 5:21, 6:5,
6:15, 7:7, 7:8, 7:17,
7:23, 8:8, 8:11,
8:18, 10:19, 10:20,
15:4, 15:6, 15:9,
15:16, 15:18,
16:15, 17:7, 17:18,
17:20, 17:22, 18:9,
18:15, 18:18, 18:21
must [2] - 3:19, 4:1
N
name [2] - 12:23,
16:5
need [3] - 4:4, 9:9,
10:12
Nicholas [1] - 14:4
NO [1] - 1:2
North [1] - 1:22
notes [1] - 19:3
notifies [1] - 18:7
notify [1] - 18:6
Number [15] - 3:6,
11:7, 12:4, 13:2,
13:5, 13:8, 13:11,
13:14, 13:17,
13:20, 13:23, 14:1,
14:4, 14:7, 14:10
number [4] - 10:3,
16:9, 17:11, 17:15
NUMBER [12] - 13:4,
13:7, 13:10, 13:13,
13:16, 13:19,
13:22, 13:25, 14:3,
14:6, 14:9, 14:12
O
object [1] - 7:8
obviously [1] - 8:16
occasion [3] - 7:2,
7:3, 7:4
occurred [1] - 6:3
October [3] - 1:4,
12:21, 16:3
OF [5] - 1:1, 1:3,
1:10, 1:15, 19:1
offense [1] - 15:22
Office [2] - 1:14, 1:16
officer [3] - 11:4,
15:21, 15:24
Official [2] - 1:21,
19:6
Olga [1] - 13:17
ON [1] - 1:15
one [12] - 3:4, 3:8,
4:7, 5:2, 7:2, 7:3,
7:4, 7:14, 9:15,
9:24, 10:3, 17:10
open [2] - 4:13, 16:12
opposite [1] - 3:7
Order [1] - 3:1
order [2] - 4:11,
15:21
oriented [1] - 3:8
original [1] - 18:12
P
P.A [1] - 1:16
PAGE [1] - 2:2
Pages [1] - 1:8
paragraph [1] - 6:23
paralegal [1] - 1:19
part [5] - 6:25, 7:9,
7:10, 7:25, 18:12
participate [2] - 9:12,
14:17
participated [3] - 3:5,
4:18, 5:7
particular [6] - 5:3,
7:9, 7:10, 7:24,
7:25, 15:14
parties [1] - 15:2
party [1] - 6:7
pass [1] - 11:3
pattern [1] - 8:12
Pause [1] - 10:9
pending [1] - 15:12
period [5] - 4:25, 5:7,
5:18, 6:21, 7:4
permanently [1] -
14:21
person [5] - 5:15,
15:21, 15:25, 16:1,
17:9
phone [4] - 16:7,
16:9, 17:4, 17:11
placing [1] - 7:9
Plaintiff [1] - 1:4
plan [4] - 6:25, 7:1,
7:6
played [1] - 6:24
PM [5] - 1:6, 10:15,
10:22, 14:22, 18:22
point [3] - 6:11, 6:14,
15:15
poll [1] - 13:1
polled [2] - 11:6,
12:23
pose [1] - 16:1
position [3] - 3:18,
7:17, 8:18
possibly [1] - 5:19
precludes [1] - 17:23
prejudicial [1] - 8:2
prepared [1] - 19:3
PRESENT [1] - 1:18
present [1] - 8:6
presented [1] - 9:8
presently [3] - 8:15,
16:5, 16:10
presume [1] - 6:1
proceed [1] - 18:8
Proceedings [2] -
1:24, 18:22
proceedings [2] -
10:9, 19:3
process [1] - 3:14
produced [1] - 1:25
properly [1] - 3:21
proved [2] - 3:19, 5:6
provides [1] - 15:21
publish [1] - 11:5
published [1] - 15:1
purpose [2] - 7:1, 7:6
purview [1] - 9:6
Q
questions [3] - 3:3,
4:14, 8:24
quick [1] - 6:17
R
raised [1] - 5:5
Ramos [1] - 13:2
reached [3] - 10:17,
10:24, 10:25
read [7] - 5:3, 6:2,
7:11, 12:24, 13:3,
14:16, 14:23
Read [1] - 6:1
reading [1] - 10:13
ready [1] - 18:7
really [4] - 3:13, 6:21,
7:15, 10:11
reason [1] - 10:17
reasonable [2] -
3:20, 4:4
Lance W. Steinbeisser - Federal Certified Realtime Reporter
22
received [9] - 3:3,
10:10, 10:16,
10:23, 16:4, 16:7,
16:9, 17:4, 17:10
receiving [1] - 16:19
recess [2] - 10:14,
18:20
Recess [1] - 10:15
record [1] - 19:3
recorded [1] - 1:24
refer [1] - 9:17
reference [2] - 8:4,
10:4
referring [2] - 8:5,
9:14
regard [1] - 8:7
relates [1] - 9:18
relayed [1] - 16:21
released [1] - 16:2
rely [1] - 5:22
remand [1] - 18:4
remanded [1] - 15:12
Reporter [2] - 1:21,
19:6
REPORTER [1] -
19:1
Reporter..................
........ [1] - 2:4
representing [1] -
16:5
requested [1] - 16:20
reread [1] - 9:23
resolves [1] - 10:14
respect [2] - 3:17,
15:9
respond [4] - 4:14,
8:7, 9:1, 12:23
response [5] - 5:1,
7:16, 9:7, 10:8,
10:10
responses [1] - 4:12
responsive [1] - 5:25
reveal [1] - 16:12
revoked [1] - 15:12
risk [2] - 7:18, 7:20
Rivero [9] - 16:5,
16:7, 16:9, 16:23,
17:3, 17:9, 17:16,
17:24
room [2] - 10:3,
14:19
RPR [2] - 1:21, 19:6
run [1] - 7:20
running [1] - 7:18
S
safety [1] - 16:1
Samantha [1] - 13:8
Case 0:23-cr-60173-KMW Document 270 Entered on FLSD Docket 05/15/2025 Page 22 of 23
Sanchez [1] - 13:21
Schaffer [1] - 13:15
Schwartz [4] - 16:6,
16:19, 16:21
seated [1] - 15:8
second [3] - 4:16,
8:14, 9:7
Section [1] - 15:20
security [1] - 11:4
see [3] - 3:7, 4:19,
6:18
sent [3] - 6:16, 17:15,
18:1
sentence [1] - 15:24
sentencing [2] -
15:13, 15:23
separately [1] - 16:24
service [1] - 14:14
set [1] - 18:6
shall [2] - 15:21,
15:24
sides [1] - 3:7
signed [3] - 3:6, 12:2,
12:20
simplest [1] - 3:20
simply [1] - 6:11
Smith [1] - 1:19
SNIDER [21] - 1:13,
4:2, 4:22, 5:2, 5:13,
5:17, 6:5, 7:7,
10:19, 15:4, 15:6,
15:9, 15:16, 15:18,
16:15, 17:7, 17:18,
17:20, 17:22, 18:9,
18:15
someone [1] - 4:6
sometimes [3] - 4:13,
9:22, 9:23
sorry [3] - 6:6, 15:23,
17:3
sounds [1] - 18:4
Southern [1] - 19:7
SOUTHERN [1] - 1:1
speaking [1] - 8:9
specific [2] - 6:12,
9:10
stage [1] - 6:9
standard [1] - 15:18
start [1] - 15:18
statement [2] - 4:16,
10:11
STATES [3] - 1:1,
1:3, 1:11
states [1] - 6:7
States [8] - 1:14,
1:22, 11:8, 12:4,
14:24, 15:11,
15:20, 19:7
stay [1] - 18:10
STEINBEISSER [1] -
1:21
Steinbeisser [2] -
19:5, 19:5
stenography [1] -
1:24
stenotype [1] - 19:3
Stephen [1] - 13:14
sufficient [1] - 7:2
suggested [2] - 4:6,
4:15
suggesting [1] - 17:8
suggestion [1] - 4:25
summarize [1] - 17:1
superseding [13] -
11:13, 11:15,
11:17, 11:19,
11:21, 11:23,
11:25, 12:8, 12:10,
12:12, 12:14,
12:16, 12:18
Susy [1] - 14:1
system [2] - 14:17,
14:18
T
Tammie [1] - 14:7
terms [1] - 4:3
testified [1] - 17:25
testimony [1] - 18:2
text [6] - 16:4, 16:8,
16:10, 16:11,
17:14, 17:15
THE [56] - 1:10, 1:12,
1:15, 3:2, 3:22,
3:25, 4:11, 4:23,
5:11, 5:14, 5:19,
5:24, 6:6, 6:17,
7:12, 7:22, 8:3,
8:16, 8:20, 8:23,
10:8, 10:10, 10:16,
10:21, 10:23, 11:2,
11:3, 11:7, 12:22,
13:2, 13:5, 13:8,
13:11, 13:14,
13:17, 13:20,
13:23, 14:1, 14:4,
14:7, 14:10, 14:13,
14:23, 15:5, 15:7,
15:14, 15:17,
16:13, 17:6, 17:17,
17:19, 17:21, 18:3,
18:10, 18:16, 18:19
themselves [1] - 7:11
they've [3] - 3:22,
5:5, 6:1
thinking [1] - 5:12
threatened [2] - 17:5,
17:12
threats [1] - 16:8
throughout [1] - 6:20
Title [1] - 15:20
today's [1] - 12:2
touch [1] - 18:10
Tracy [15] - 1:19,
3:11, 9:2, 11:9,
11:14, 11:16,
11:18, 11:20,
11:22, 11:24, 12:1,
12:5, 14:25, 15:9,
16:10
TRACY [1] - 1:7
transcript [1] - 1:24
TRANSCRIPT [1] -
1:10
transcription [2] -
1:25, 19:3
TRIAL [1] - 1:10
true [12] - 13:3, 13:6,
13:9, 13:12, 13:15,
13:18, 13:21,
13:24, 14:2, 14:5,
14:8, 14:11
two [9] - 3:3, 3:9,
3:10, 4:21, 6:3,
8:24, 9:10, 16:4,
17:4
U
unanimously [2] -
11:12, 12:7
under [1] - 15:20
unduly [1] - 8:1
UNITED [3] - 1:1, 1:3,
1:11
United [8] - 1:14,
1:22, 11:8, 12:4,
14:24, 15:11,
15:20, 19:7
unknown [3] - 17:7,
17:8, 17:11
unlawful [2] - 7:1, 7:6
unless [1] - 15:24
V
V.A [1] - 1:19
Vera [3] - 3:6, 10:25,
13:23
verdict [28] - 10:17,
10:18, 10:24,
10:25, 11:3, 11:5,
11:10, 12:24,
12:25, 13:3, 13:6,
13:9, 13:12, 13:15,
13:18, 13:21,
13:24, 14:2, 14:5,
Lance W. Steinbeisser - Federal Certified Realtime Reporter
23
14:8, 14:11, 14:15,
14:16, 14:23,
14:25, 15:10
Verdict.....................
..................... [1] -
2:3
versus [4] - 4:7, 11:8,
12:5, 14:24
Viviane [1] - 13:11
voice [2] - 17:8,
17:11
vs [1] - 1:5
W
wade [1] - 4:3
WADE [2] - 1:7, 1:7
Wade [31] - 1:18,
1:19, 3:11, 3:12,
9:2, 9:3, 11:8, 11:9,
11:14, 11:16,
11:18, 11:20,
11:22, 11:24, 12:1,
12:5, 12:9, 12:11,
12:13, 12:15,
12:17, 12:19,
14:25, 15:9, 15:11,
15:12, 16:10, 17:3,
17:9
Wade's [2] - 17:15,
17:23
wants [1] - 5:9
WILCOX [6] - 1:17,
5:21, 6:15, 7:8, 8:8,
18:21
willfully [2] - 7:1, 7:6
Williams [1] - 14:8
witness [1] - 17:25
WITNESS [1] - 8:20
witnesses [1] - 17:24
words [2] - 17:12,
17:16
writing [1] - 4:13
Y
yourself [1] - 10:6
Case 0:23-cr-60173-KMW Document 270 Entered on FLSD Docket 05/15/2025 Page 23 of 23File and source
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