Judgment — United States v. Tracy D. Wade (Dkt. 275, 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. 275 · 2025-05-22 · Docket on CourtListener

Full text

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
1
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 23-CR-60173-KMW 
UNITED STATES OF AMERICA, 
Plaintiff,
vs.
CAROLYN DENISE WADE and TRACY D. 
WADE, 
Defendants.
________________________________ 
)
)
)
)
)
)
)
)
)
)
) 
Fort Lauderdale, Florida
September 4, 2024 
Pages 1 to 21 
TRANSCRIPT OF GARCIA/RULE 44(C) HEARING 
HELD BEFORE THE HONORABLE JARED M. STRAUSS
UNITED STATES MAGISTRATE 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. 
DARYL E. WILCOX, ESQ.
LANCE W. STEINBEISSER, FCRR, RPR, FPR-C
Transcriber 
United States District Court
400 North Miami Avenue 
Miami, Florida 33128
305.523.5633
Proceedings recorded by mechanical stenography from a digital 
audio recording; transcript produced by computer-aided 
transcription. 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 1 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
2
(Call to the Order of the Court.)
THE COURT:  United States versus Carolyn Wade and 
Tracy Wade.  It's Case Number 23-60173.  
And if I can have appearances from the parties, 
starting with the Government. 
MR. SNIDER:  Good morning, Your Honor.  Assistant 
United States Attorneys David Snider and Adam Love, to my 
left, on behalf of the United States. 
THE COURT:  Good morning, Mr. Snider.  Good morning, 
Mr. Love. 
Who do we have on behalf of Mr. and Mrs. Wade?
MR. MCCRAY:  Judge, good morning.  Johnny McCray, 
Jr., on behalf of the Wades.  And to my left, in the back, is 
Mr. Daryl Wilcox, co-counsel. 
THE COURT:  Good morning, Mr. McCray.  Good morning, 
Mr. Wilcox.  You all can have a seat.  
We are here for a continuation of the Garcia hearing 
that we had back on July, on July 15th.  We had a hearing to 
address the matter of potential conflicts of interest that 
would arise from joint representation by Mr. McCray and 
Mr. Wilcox for both Mr. and Mrs. Wade.  I conducted a colloquy 
with each of them at that hearing regarding some of the 
potential conflicts that could arise from joint representation 
to assure that Mr. and Mrs. Wade were both aware of those 
conflicts and were knowingly and voluntarily waiving any such 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 2 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
3
conflicts in choosing to proceed with joint representation. 
I had allowed -- Mr. Snider was unable to be at that 
hearing.  I allowed for an opportunity to file a memorandum 
regarding the concerns with the conflict of interest issue.  A 
conflict of interest issue was then filed, and Judge Graham 
referred the matter back to me following that memorandum 
really to ensure that the potential conflicts articulated by 
the Government there are -- that Mr. and Mrs. Wade are both 
aware of what the Government was articulating, have thought 
about that, and considered that in their decision-making.  
While I think I generally went over the same sort of 
things that the Government articulated in the memorandum, 
specifically about the potential conflicts that could arise 
from advising the defendants about whether they should 
testify, how to -- you know, what sort of strategy their 
counsel may wish to pursue in terms of emphasizing certain 
evidence or making -- you know, how to cross-examine certain 
witnesses, the Government was a little bit more specific in 
its memorandum in addressing some of the specific things that 
Mr. Wade had testified to during Ms. Wade's initial trial. 
And so, again, Judge Graham referred it back to me 
for the purposes of making sure that both Mr. and Mrs. Wade 
were aware of the specific things that the Government had 
articulated and that they still wish nevertheless to waive any 
such conflicts and to proceed with joint representation. 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 3 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
4
So let me do this.  What I'm first going to do is I'm 
going to swear in both Mr. and Mrs. Wade because I will need 
to ask you a couple questions.  I'm going to give the 
Government an opportunity to describe what its concerns are, 
and we'll proceed with any further colloquy from there.  Does 
everyone understand?  
Mr. and Mrs. Wade, could you both please raise your 
right hand. 
(Defendant, TRACY D. WADE, duly sworn.)   
(Defendant, CAROLYN DENISE WADE, duly sworn.)  
THE COURT:  You can put your hands down. 
You may recall at the -- at our first hearing I did 
ask you some questions to make sure that you are thinking 
clearly and able to understand everything that's going on here 
today.  I do want to just readdress that here today. 
Ms. Wade, do you feel like you're thinking clearly 
today? 
MS. WADE:  Yes. 
THE COURT:  Have you taken any alcohol or medication 
today? 
MS. WADE:  No. 
THE COURT:  Anything that is interfering with your 
ability to think clearly or understand today's proceedings? 
MS. WADE:  No, Your Honor. 
THE COURT:  Do you believe you do understand what is 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 4 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
5
going on today? 
MS. WADE:  Yes. 
THE COURT:  Mr. Wade, I'm going to ask you the same 
questions.  
Do you believe you are thinking clearly today?  
MR. WADE:  Yes, sir. 
THE COURT:  Have you taken any alcohol or medication 
or any other substance that interferes with your ability to 
think clearly today? 
MR. WADE:  No, sir. 
THE COURT:  Do you believe you understand what's 
going on here today? 
MR. WADE:  Yes, sir. 
THE COURT:  Have you been able to understand what 
I've said so far? 
MR. WADE:  Yes, sir. 
THE COURT:  Okay.  Mr. Wilcox or Mr. McCray, do 
either of you have any reason to believe that either defendant 
is anything other than competent to proceed with our 
proceedings today?  
MR. MCCRAY:  No, Judge, we have no such reason. 
THE COURT:  And, Mr. Snider, does the Government have 
any concerns about the competency of either defendant?  
MR. SNIDER:  No, Your Honor. 
THE COURT:  Okay.  Then we can proceed. 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 5 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
6
MR. MCCRAY:  Judge, before we proceed.  
THE COURT:  Yes. 
MR. MCCRAY:  Two things that the Court had included 
in its order.  I just want to state, as an officer of the 
Court, on behalf of Mr. Wilcox and myself, before they 
testify, we did provide both defendants with the Government's 
memorandum in connection with the 44(c) Garcia hearing and 
also the transcript excerpts of Mr. Wade's trial testimony, 
which was attached.  We discussed that with them at length 
last week and I talked to them on the phone before that, and 
they both remember, even without going over the transcript, 
Mr. Wade's testimony.  So we did go over it with them. 
THE COURT:  Thank you very much, Mr. McCray.  That 
was the very next thing that I was going to address.  So let 
me just verify with each of the defendants.  
First of all, Mrs. Wade, did you receive a copy of 
the Government's memorandum?  It's titled memorandum in 
connection with Rule 44(c) Garcia hearing.  It's Docket Entry 
108 -- that discusses the Government's concern about potential 
conflicts of interest with joint representation.  
Did you receive a copy of that memorandum, ma'am? 
MS. WADE:  Yes, Your Honor. 
THE COURT:  And did you read that in its entirety? 
MS. WADE:  Yes, sir. 
THE COURT:  Did you understand it once you read it? 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 6 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
7
MS. WADE:  Yes, I did. 
THE COURT:  Okay.  And the excerpts of the transcript 
from Mr. Wade's testimony from your first trial, did you read 
those as well? 
MS. WADE:  Yes. 
THE COURT:  And did you discuss that with Mr. McCray 
and Mr. Wilcox after you read it? 
MS. WADE:  Yes, I did. 
THE COURT:  Mr. Wade, I'm going to ask you the same 
questions.  
Did you have an opportunity to receive that 
memorandum that's at Docket 108 that the Government filed?  
MR. WADE:  Yes, sir. 
THE COURT:  And did you read it? 
MR. WADE:  Yes, sir. 
THE COURT:  And did you understand it once you had 
read it? 
MR. WADE:  Yes, sir. 
THE COURT:  And the excerpts of your testimony from 
the first trial, did you read those as well? 
MR. WADE:  Yes, sir. 
THE COURT:  And did you understand the transcripts 
once you've read them as well? 
MR. WADE:  Yes, sir. 
THE COURT:  And did you discuss those with Mr. McCray 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 7 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
8
and Mr. Wilcox also? 
MR. WADE:  Yes, sir. 
THE COURT:  I think that the potential conflicts were 
pretty clear from the memorandum, but, Mr. Snider, I wanted to 
give you an opportunity.  Can you please, on the record, 
explain to the Court and to the defendants what the 
Government's concerns were in asking for the hearing and in 
filing this memorandum?  
MR. SNIDER:  Sure. 
So, again, I mean, the Government took the 
opportunity that the Court provided it to put into writing 
with some specificity -- and the transcripts -- the either 
potential or actual conflicts that the Government sees that 
arise from this joint representation and the fact that there's 
already been one trial and one of the defendants now on a 
superseding indictment testified previously, and we fully 
adopt that memo.  And as I've set forth in the memo, we're not 
taking a position on whether or not their waiver is knowing, 
intelligent, voluntary, and whether the Court should or should 
not accept it.  
We just want the record to be crystal clear as I 
think it is and is continuing to be developed through this 
hearing that the defendants are aware of these conflicts and 
have considered them.  And one of the sort of nature of 
conflicts that the Government put into the memo was that in 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 8 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
9
some cases -- and I think in this one it's probably true -- 
that there may be -- the weight of the evidence and the extent 
of the evidence may point more towards one defendant over 
another. 
And that was one of the examples -- one of the 
examples that I gave that was on page 10 of the memorandum 
where I explained that in the superseding indictment -- on the 
trial and superseding indictment, the Government intends to 
introduce evidence that Mr. Wade had applied for another 
Paycheck Protection Program loan seeking a loan in the amount 
of $700,000, which, based on the evidence that we've disclosed 
to the defense, that appears to be related much more so 
towards Tracy Wade as opposed to Mrs. Wade.  
So that was one of the examples where a defendant at 
trial -- where that evidence is not pointing directly, they 
may want to shift that towards the defendant and that may 
cause a conflict as to, you know, the defense's position as to 
how to best present that -- one defendant against another. 
THE COURT:  In other words, an attorney representing 
Mrs. Wade might wish to emphasize that evidence of -- if that 
evidence was Mr. Wade -- or try to use that as further 
evidence that, you know, Mr. Wade was the one, you know, 
calling the shots or calling -- with the ideas as opposed to 
her. 
MR. SNIDER:  I think necessarily shielding Mrs. Wade 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 9 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
10
from that evidence may, in fact, point the evidence more 
strongly towards Mr. Wade.  That was just one example.  I gave 
some other examples about how decisions -- whether or not to 
testify could negatively impact one's position versus the 
other.  
I also gave an example of an anticipated cooperating 
witness that the Government expects to testify in the second 
trial that was not present in the first trial and how that 
testimony, again, may point more strongly towards one 
defendant versus another and how the cross-examination of that 
witness may, again, point the evidence, you know, more 
strongly towards one defendant over another.  
So those are the general -- I mean, I don't want -- I 
laid it out as specific as I could in the memo.  I don't want 
to read the memo again on the record.  I think the defendants 
have both told the Court that they have read it, and so that's 
fine. 
The only point that's not in the memo that I guess I 
could raise here is, as sort of another example of additional 
evidence pointing, you know, more heavily towards one 
defendant over another, is that on August 22 of this year, the 
Government filed a notice of intent to introduce 404(b) 
evidence.  That's filed at Docket Entry 135.  
And in that notice the Government lays out, again, 
evidence that I would -- in the Government's view, points more 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 10 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
11
directly towards Mr. Wade. 
That 404(b) notice explains that a year before the 
Paycheck Protection Program loans were applied for that are 
alleged in the superseding indictment, Mr. Wade applied for 
two EIDL loans.  And an EIDL loan was another program through 
the SBA that was available during the pandemic to provide 
assistance to small businesses.  
Then, again, it goes into great detail in the 404(b) 
notice what that evidence is, and that's just another example 
of perhaps defense counsel being faced with that, pointing it 
towards -- you know, shielding Mrs. Wade from that evidence 
may be in her interest but not necessarily Mr. Wade's.  So 
just another example that I wanted to bring to the Court's 
attention, to the defendants' attention so they can consider 
it in their waiver. 
THE COURT:  Okay.  Thank you, Mr. Snider.  
Mr. and Mrs. Wade, I'm not going to ask you every 
question that I asked you back on July 15.  
Mrs. Wade, do you recall our colloquy, the questions 
that I asked on July 15, and the nature of those questions?  
MS. WADE:  Yes, Your Honor. 
THE COURT:  Do you remember the rights we discussed 
and some of the potential conflicts that could arise from you 
and Mr. Wade having the same set of attorneys? 
MS. WADE:  Yes. 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 11 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
12
THE COURT:  I want to specifically ask you, again, a 
couple questions.  Do you understand that you have the right 
to your own counsel who represents you and only you? 
MS. WADE:  Yes, sir. 
THE COURT:  Do you understand that if you couldn't 
afford a separate attorney, I could appoint an attorney for 
you at no cost?  Do you understand that?  
MS. WADE:  Yes, sir. 
THE COURT:  Do you understand the types of conflicts 
that the Government has raised both in the memorandum that 
you've read and that Mr. Snider was just talking about? 
MS. WADE:  I understand, Your Honor. 
THE COURT:  Have you considered those potential 
conflicts in deciding whether or not you waive the conflicts 
of interest and proceed with joint representation with your 
husband? 
MS. WADE:  Yes, sir. 
THE COURT:  Do you have any questions about those 
potential conflicts that you would like to speak with counsel 
about? 
MS. WADE:  No, Your Honor. 
THE COURT:  Do you understand that I could appoint 
counsel for you even just to discuss the potential conflicts 
and the decision about whether to waive -- waive the potential 
conflicts that you're facing? 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 12 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
13
MS. WADE:  Yes, sir. 
THE COURT:  Do you want me to appoint another 
attorney for you to talk to about the decision about whether 
to waive a potential conflict? 
MS. WADE:  No, Your Honor.  No. 
THE COURT:  Do you understand that if you waive 
potential conflicts and you waive your right to separate 
counsel and the Court accepts that waiver, you will not be 
able to raise those potential conflicts on an appeal if the 
case doesn't turn out the way you want it to? 
MS. WADE:  I understand. 
THE COURT:  And do you have any questions about 
anything we've talked about here today or at our July 15 
hearing? 
MS. WADE:  No, Your Honor. 
THE COURT:  Do you need any more time to think about 
your decision? 
MS. WADE:  No, Your Honor. 
THE COURT:  Therefore, do you want to proceed with 
Mr. McCray and Mr. Wilcox as your counsel, knowing that they 
will also be representing Mr. Wade and that as a result there 
may be conflicts between you and Mr. Wade? 
MS. WADE:  Yes, Your Honor. 
THE COURT:  Do you believe you are fully aware of the 
potential conflicts? 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 13 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
14
MS. WADE:  I am. 
THE COURT:  And do you waive any such conflicts? 
MS. WADE:  Yes, Your Honor. 
THE COURT:  Do you do so freely and voluntarily? 
MS. WADE:  Yes, sir. 
THE COURT:  Mr. Wade, I'm going to ask you similar 
questions now. 
Again, do you understand that you have the right to 
your own counsel that represents you and only you? 
MR. WADE:  Yes, sir. 
THE COURT:  Do you understand that if you cannot 
afford a separate attorney, I could appoint an attorney for 
you at no cost?  Do you understand that? 
MR. WADE:  Yes, sir. 
THE COURT:  Do you also understand I could appoint an 
attorney for you even just to consult or ask questions about 
whether you should make the decision to waive any potential 
conflicts of interest?  Do you understand that? 
MR. WADE:  Yes, sir. 
THE COURT:  Do you understand the potential conflicts 
that the Government has described both in its memorandum and 
that Mr. Snider described here today? 
MR. WADE:  Yes, sir. 
THE COURT:  Do you want me to appoint separate 
counsel for you to discuss either those issues or any of the 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 14 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
15
other potential conflicts that we've discussed on July 15? 
MR. WADE:  No, sir. 
THE COURT:  Do you understand that if you waive the 
potential conflicts that we've discussed and waive your right 
to your own separate counsel and the Court accepts that 
waiver, you'll not be able to raise those conflicts on appeal 
if the case doesn't turn out the way you wish? 
MR. WADE:  Yes, sir. 
THE COURT:  Do you have any questions about anything 
we've discussed here today or that we've discussed on 
July 15th? 
MR. WADE:  No, sir. 
THE COURT:  Do you have any questions about the 
potential conflicts or issues that the Government raised 
either in its memorandum or during today's hearing? 
MR. WADE:  No, sir. 
THE COURT:  Do you need any more time to think about 
your decision about waiving potential conflicts of interest or 
proceeding with joint representation? 
MR. WADE:  No, sir. 
THE COURT:  Do you want to proceed with Mr. McCray 
and Mr. Wilcox as your counsel, knowing that they will also 
represent Mrs. Wade and that as a result there may be 
conflicts of interest between you and Mrs. Wade? 
MR. WADE:  Yes. 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 15 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
16
THE COURT:  Do you believe you're fully aware of all 
the potential conflicts? 
MR. WADE:  Yes, sir. 
THE COURT:  Do you waive any of those potential 
conflicts of interest? 
MR. WADE:  Yes, sir. 
THE COURT:  Do you make that waiver freely and 
voluntarily? 
MR. WADE:  Yes, sir. 
THE COURT:  Does the Government have any further 
points to make or any other objections to the Court accepting 
the defendants' waivers as free, voluntary, and knowing 
waivers?  
MR. SNIDER:  No, Your Honor. 
THE COURT:  I do find the defendants have made a 
fully informed, knowing, and intentional waiver of their 
conflicts of interest.  I will enter a further order to that 
fact, and the case will proceed with Mr. McCray and Mr. Wilcox 
representing both Mr. and Mrs. Wade. 
Is there anything further that we need to address 
here today?  Anything from the Government?  
MR. SNIDER:  Not from the Government. 
THE COURT:  Anything -- 
MR. MCCRAY:  Not from the defense, Judge. 
THE COURT:  Okay.  Thank you all for your appearances 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 16 of 21

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Lance W. Steinbeisser - Federal Certified Realtime Reporter
17
here today.  
Again, all further proceedings will be in front of 
Judge Graham and/or potentially before Judge Williams, and 
we'll stand in recess.  Thank you all. 
(Recording ended.) 
CERTIFICATE OF TRANSCRIBER 
I certify that the foregoing is a correct transcript 
of the record of proceedings in the above-entitled matter.  
The transcript was prepared to the best of my ability from a 
digital audio recording of the proceedings provided by the 
Court.
DATE:  21st of May, 2025
/s/Lance W. Steinbeisser 
Transcriber
United States District Court
Southern District of Florida 
Miami, Florida
 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 17 of 21

$
$700,000 [1] - 9:11
/
/s/Lance [1] - 17:11
1
1 [1] - 1:8
10 [1] - 9:6
108 [2] - 6:19, 7:12
135 [1] - 10:23
15 [4] - 11:18, 11:20, 
13:13, 15:1
15th [2] - 2:18, 15:11
17 [1] - 1:8
2
2024 [1] - 1:5
2025 [1] - 17:11
21st [1] - 17:11
22 [1] - 10:21
23-60173 [1] - 2:3
23-CR-60173-KMW 
[1] - 1:2
3
305.523.5633 [1] - 
1:22
33128 [1] - 1:21
4
4 [1] - 1:5
400 [1] - 1:21
404(b [3] - 10:22, 
11:2, 11:8
44(c [2] - 6:7, 6:18
A
ability [3] - 4:23, 5:8, 
17:9
able [4] - 4:14, 5:14, 
13:9, 15:6
above-entitled [1] - 
17:8
accept [1] - 8:20
accepting [1] - 16:11
accepts [2] - 13:8, 
15:5
actual [1] - 8:13
ADAM [1] - 1:14
Adam [1] - 2:7
additional [1] - 10:19
address [3] - 2:19, 
6:14, 16:20
addressing [1] - 3:19
adopt [1] - 8:17
advising [1] - 3:14
afford [2] - 12:6, 
14:12
aided [1] - 1:24
alcohol [2] - 4:19, 5:7
alleged [1] - 11:4
allowed [2] - 3:2, 3:3
AMERICA [1] - 1:4
amount [1] - 9:10
anticipated [1] - 10:6
appeal [2] - 13:9, 
15:6
appearances [2] - 
2:4, 16:25
applied [3] - 9:9, 
11:3, 11:4
appoint [6] - 12:6, 
12:22, 13:2, 14:12, 
14:15, 14:24
arise [5] - 2:20, 2:23, 
3:13, 8:14, 11:23
articulated [3] - 3:7, 
3:12, 3:24
articulating [1] - 3:9
assistance [1] - 11:7
assistant [1] - 2:6
assure [1] - 2:24
attached [1] - 6:9
attention [2] - 11:14
attorney [7] - 9:19, 
12:6, 13:3, 14:12, 
14:16
Attorney's [1] - 1:14
Attorneys [1] - 2:7
attorneys [1] - 11:24
audio [2] - 1:24, 17:9
August [1] - 10:21
AUSA [2] - 1:13, 1:14
available [1] - 11:6
Avenue [1] - 1:21
aware [6] - 2:24, 3:9, 
3:23, 8:23, 13:24, 
16:1
B
based [1] - 9:11
BEFORE [1] - 1:10
behalf [4] - 2:8, 2:11, 
2:13, 6:5
BEHALF [1] - 1:16
best [2] - 9:18, 17:9
between [2] - 13:22, 
15:24
bit [1] - 3:18
bring [1] - 11:13
businesses [1] - 11:7
C
cannot [1] - 14:11
CAROLYN [2] - 1:7, 
4:10
Carolyn [1] - 2:2
case [3] - 13:10, 
15:7, 16:18
Case [1] - 2:3
CASE [1] - 1:2
cases [1] - 9:1
certain [2] - 3:16, 
3:17
CERTIFICATE [1] - 
17:6
certify [1] - 17:8
choosing [1] - 3:1
clear [2] - 8:4, 8:21
clearly [5] - 4:14, 
4:16, 4:23, 5:5, 5:9
co [1] - 2:14
co-counsel [1] - 2:14
colloquy [3] - 2:21, 
4:5, 11:19
competency [1] - 
5:23
competent [1] - 5:19
computer [1] - 1:24
computer-aided [1] - 
1:24
concern [1] - 6:19
concerns [4] - 3:4, 
4:4, 5:23, 8:7
conducted [1] - 2:21
conflict [4] - 3:4, 3:5, 
9:17, 13:4
conflicts [35] - 2:19, 
2:23, 2:25, 3:1, 3:7, 
3:13, 3:25, 6:20, 
8:3, 8:13, 8:23, 
8:25, 11:23, 12:9, 
12:14, 12:19, 
12:23, 12:25, 13:7, 
13:9, 13:22, 13:25, 
14:2, 14:18, 14:20, 
15:1, 15:4, 15:6, 
15:14, 15:18, 
15:24, 16:2, 16:5, 
16:17
connection [2] - 6:7, 
6:18
consider [1] - 11:14
considered [3] - 
3:10, 8:24, 12:13
consult [1] - 14:16
continuation [1] - 
2:17
continuing [1] - 8:22
cooperating [1] - 
10:6
copy [2] - 6:16, 6:21
correct [1] - 17:8
cost [2] - 12:7, 14:13
COUNSEL [1] - 1:10
counsel [12] - 2:14, 
3:16, 11:10, 12:3, 
12:19, 12:23, 13:8, 
13:20, 14:9, 14:25, 
15:5, 15:22
couple [2] - 4:3, 12:2
Court [13] - 1:20, 2:1, 
6:3, 6:5, 8:6, 8:11, 
8:19, 10:16, 13:8, 
15:5, 16:11, 17:10, 
17:12
COURT [62] - 1:1, 
2:2, 2:9, 2:15, 4:11, 
4:19, 4:22, 4:25, 
5:3, 5:7, 5:11, 5:14, 
5:17, 5:22, 5:25, 
6:2, 6:13, 6:23, 
6:25, 7:2, 7:6, 7:9, 
7:14, 7:16, 7:19, 
7:22, 7:25, 8:3, 
9:19, 11:16, 11:22, 
12:1, 12:5, 12:9, 
12:13, 12:18, 
12:22, 13:2, 13:6, 
13:12, 13:16, 
13:19, 13:24, 14:2, 
14:4, 14:6, 14:11, 
14:15, 14:20, 
14:24, 15:3, 15:9, 
15:13, 15:17, 
15:21, 16:1, 16:4, 
16:7, 16:10, 16:15, 
16:23, 16:25
Court's [1] - 11:13
cross [2] - 3:17, 
10:10
cross-examination 
[1] - 10:10
cross-examine [1] - 
3:17
crystal [1] - 8:21
D
DARYL [1] - 1:18
Daryl [1] - 2:14
DATE [1] - 17:11
Lance W. Steinbeisser - Federal Certified Realtime Reporter
18
DAVID [1] - 1:13
David [1] - 2:7
deciding [1] - 12:14
decision [6] - 3:10, 
12:24, 13:3, 13:17, 
14:17, 15:18
decision-making [1] 
- 3:10
decisions [1] - 10:3
Defendant [2] - 4:9, 
4:10
defendant [9] - 5:18, 
5:23, 9:3, 9:14, 
9:16, 9:18, 10:10, 
10:12, 10:21
Defendants [1] - 1:8
defendants [8] - 
3:14, 6:6, 6:15, 8:6, 
8:15, 8:23, 10:15, 
16:15
DEFENDANTS [1] - 
1:16
defendants' [2] - 
11:14, 16:12
defense [3] - 9:12, 
11:10, 16:24
defense's [1] - 9:17
DENISE [2] - 1:7, 
4:10
describe [1] - 4:4
described [2] - 
14:21, 14:22
detail [1] - 11:8
developed [1] - 8:22
digital [2] - 1:23, 17:9
directly [2] - 9:15, 
11:1
disclosed [1] - 9:11
discuss [4] - 7:6, 
7:25, 12:23, 14:25
discussed [6] - 6:9, 
11:22, 15:1, 15:4, 
15:10
discusses [1] - 6:19
District [3] - 1:20, 
17:12, 17:13
DISTRICT [2] - 1:1, 
1:1
Docket [3] - 6:18, 
7:12, 10:23
down [1] - 4:11
duly [2] - 4:9, 4:10
during [3] - 3:20, 
11:6, 15:15
E
EIDL [2] - 11:5
either [6] - 5:18, 5:23, 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 18 of 21

8:12, 14:25, 15:15
emphasize [1] - 9:20
emphasizing [1] - 
3:16
ended [1] - 17:5
ensure [1] - 3:7
enter [1] - 16:17
entirety [1] - 6:23
entitled [1] - 17:8
Entry [2] - 6:18, 
10:23
ESQ [2] - 1:16, 1:18
evidence [17] - 3:17, 
9:2, 9:3, 9:9, 9:11, 
9:15, 9:20, 9:21, 
9:22, 10:1, 10:11, 
10:20, 10:23, 
10:25, 11:9, 11:11
examination [1] - 
10:10
examine [1] - 3:17
example [5] - 10:2, 
10:6, 10:19, 11:9, 
11:13
examples [4] - 9:5, 
9:6, 9:14, 10:3
excerpts [3] - 6:8, 
7:2, 7:19
expects [1] - 10:7
explain [1] - 8:6
explained [1] - 9:7
explains [1] - 11:2
extent [1] - 9:2
F
faced [1] - 11:10
facing [1] - 12:25
fact [3] - 8:14, 10:1, 
16:18
far [1] - 5:15
FCRR [1] - 1:19
file [1] - 3:3
filed [4] - 3:5, 7:12, 
10:22, 10:23
filing [1] - 8:8
fine [1] - 10:17
first [6] - 4:1, 4:12, 
6:16, 7:3, 7:20, 
10:8
FLORIDA [1] - 1:1
Florida [4] - 1:4, 
1:21, 17:13, 17:13
following [1] - 3:6
FOR [1] - 1:12
foregoing [1] - 17:8
Fort [1] - 1:4
forth [1] - 8:17
FPR [1] - 1:19
FPR-C [1] - 1:19
free [1] - 16:12
freely [2] - 14:4, 16:7
front [1] - 17:2
fully [4] - 8:16, 13:24, 
16:1, 16:16
G
Garcia [3] - 2:17, 6:7, 
6:18
general [1] - 10:13
generally [1] - 3:11
GOVERNMENT [1] - 
1:12
Government [22] - 
2:5, 3:8, 3:9, 3:12, 
3:18, 3:23, 4:4, 
5:22, 7:12, 8:10, 
8:13, 8:25, 9:8, 
10:7, 10:22, 10:24, 
12:10, 14:21, 
15:14, 16:10, 
16:21, 16:22
Government's [5] - 
6:6, 6:17, 6:19, 8:7, 
10:25
Graham [3] - 3:5, 
3:21, 17:3
great [1] - 11:8
guess [1] - 10:18
H
hand [1] - 4:8
hands [1] - 4:11
hearing [11] - 2:17, 
2:18, 2:22, 3:3, 
4:12, 6:7, 6:18, 8:7, 
8:23, 13:14, 15:15
HEARING [1] - 1:10
heavily [1] - 10:20
HELD [1] - 1:10
Honor [13] - 2:6, 
4:24, 5:24, 6:22, 
11:21, 12:12, 
12:21, 13:5, 13:15, 
13:18, 13:23, 14:3, 
16:14
HONORABLE [1] - 
1:10
husband [1] - 12:16
I
ideas [1] - 9:23
impact [1] - 10:4
included [1] - 6:3
indictment [4] - 8:16, 
9:7, 9:8, 11:4
informed [1] - 16:16
initial [1] - 3:20
intelligent [1] - 8:19
intends [1] - 9:8
intent [1] - 10:22
intentional [1] - 
16:16
interest [11] - 2:19, 
3:4, 3:5, 6:20, 
11:12, 12:15, 
14:18, 15:18, 
15:24, 16:5, 16:17
interferes [1] - 5:8
interfering [1] - 4:22
introduce [2] - 9:9, 
10:22
issue [2] - 3:4, 3:5
issues [2] - 14:25, 
15:14
J
JARED [1] - 1:10
JOHNNY [1] - 1:16
Johnny [2] - 1:17, 
2:12
joint [8] - 2:20, 2:23, 
3:1, 3:25, 6:20, 
8:14, 12:15, 15:19
JR [1] - 1:16
Jr [2] - 1:17, 2:13
judge [1] - 6:1
JUDGE [1] - 1:11
Judge [7] - 2:12, 3:5, 
3:21, 5:21, 16:24, 
17:3
July [7] - 2:18, 11:18, 
11:20, 13:13, 15:1, 
15:11
K
knowing [5] - 8:18, 
13:20, 15:22, 
16:12, 16:16
knowingly [1] - 2:25
L
laid [1] - 10:14
LANCE [1] - 1:19
last [1] - 6:10
Lauderdale [1] - 1:4
Law [1] - 1:17
lays [1] - 10:24
left [2] - 2:8, 2:13
length [1] - 6:9
loan [3] - 9:10, 11:5
loans [2] - 11:3, 11:5
Love [1] - 2:7
LOVE [1] - 1:14
love [1] - 2:10
M
ma'am [1] - 6:21
MAGISTRATE [1] - 
1:11
matter [3] - 2:19, 3:6, 
17:8
MCCRAY [6] - 1:16, 
2:12, 5:21, 6:1, 6:3, 
16:24
McCray [11] - 1:17, 
2:12, 2:15, 2:20, 
5:17, 6:13, 7:6, 
7:25, 13:20, 15:21, 
16:18
mean [2] - 8:10, 
10:13
mechanical [1] - 1:23
medication [2] - 
4:19, 5:7
memo [6] - 8:17, 
8:25, 10:14, 10:15, 
10:18
memorandum [15] - 
3:3, 3:6, 3:12, 3:19, 
6:7, 6:17, 6:21, 
7:12, 8:4, 8:8, 9:6, 
12:10, 14:21, 15:15
Miami [3] - 1:21, 
1:21, 17:13
might [1] - 9:20
morning [6] - 2:6, 
2:9, 2:12, 2:15
MR [34] - 2:6, 2:12, 
5:6, 5:10, 5:13, 
5:16, 5:21, 5:24, 
6:1, 6:3, 7:13, 7:15, 
7:18, 7:21, 7:24, 
8:2, 8:9, 9:25, 
14:10, 14:14, 
14:19, 14:23, 15:2, 
15:8, 15:12, 15:16, 
15:20, 15:25, 16:3, 
16:6, 16:9, 16:14, 
16:22, 16:24
MS [25] - 4:18, 4:21, 
4:24, 5:2, 6:22, 
6:24, 7:1, 7:5, 7:8, 
11:21, 11:25, 12:4, 
12:8, 12:12, 12:17, 
12:21, 13:1, 13:5, 
13:11, 13:15, 
Lance W. Steinbeisser - Federal Certified Realtime Reporter
19
13:18, 13:23, 14:1, 
14:3, 14:5
N
nature [2] - 8:24, 
11:20
necessarily [2] - 
9:25, 11:12
need [4] - 4:2, 13:16, 
15:17, 16:20
negatively [1] - 10:4
nevertheless [1] - 
3:24
next [1] - 6:14
NO [1] - 1:2
North [1] - 1:21
notice [4] - 10:22, 
10:24, 11:2, 11:9
Number [1] - 2:3
O
objections [1] - 
16:11
OF [5] - 1:1, 1:4, 
1:10, 1:16, 17:6
Office [2] - 1:14, 1:17
officer [1] - 6:4
ON [1] - 1:16
once [3] - 6:25, 7:16, 
7:23
one [14] - 8:15, 8:24, 
9:1, 9:3, 9:5, 9:14, 
9:18, 9:22, 10:2, 
10:9, 10:12, 10:20
one's [1] - 10:4
opportunity [5] - 3:3, 
4:4, 7:11, 8:5, 8:11
opposed [2] - 9:13, 
9:23
order [2] - 6:4, 16:17
Order [1] - 2:1
own [3] - 12:3, 14:9, 
15:5
P
P.A [1] - 1:17
page [1] - 9:6
pages [1] - 1:8
pandemic [1] - 11:6
parties [1] - 2:4
Paycheck [2] - 9:10, 
11:3
perhaps [1] - 11:10
phone [1] - 6:10
Plaintiff [1] - 1:5
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 19 of 21

point [5] - 9:3, 10:1, 
10:9, 10:11, 10:18
pointing [3] - 9:15, 
10:20, 11:10
points [2] - 10:25, 
16:11
position [3] - 8:18, 
9:17, 10:4
potential [24] - 2:19, 
2:23, 3:7, 3:13, 
6:19, 8:3, 8:13, 
11:23, 12:13, 
12:19, 12:23, 
12:24, 13:4, 13:7, 
13:9, 13:25, 14:17, 
14:20, 15:1, 15:4, 
15:14, 15:18, 16:2, 
16:4
potentially [1] - 17:3
prepared [1] - 17:9
present [2] - 9:18, 
10:8
pretty [1] - 8:4
previously [1] - 8:16
proceed [10] - 3:1, 
3:25, 4:5, 5:19, 
5:25, 6:1, 12:15, 
13:19, 15:21, 16:18
proceeding [1] - 
15:19
Proceedings [1] - 
1:23
proceedings [5] - 
4:23, 5:20, 17:2, 
17:8, 17:9
produced [1] - 1:24
Program [2] - 9:10, 
11:3
program [1] - 11:5
Protection [2] - 9:10, 
11:3
provide [2] - 6:6, 
11:6
provided [2] - 8:11, 
17:9
purposes [1] - 3:22
pursue [1] - 3:16
put [3] - 4:11, 8:11, 
8:25
Q
questions [13] - 4:3, 
4:13, 5:4, 7:10, 
11:19, 11:20, 12:2, 
12:18, 13:12, 14:7, 
14:16, 15:9, 15:13
R
raise [4] - 4:7, 10:19, 
13:9, 15:6
raised [2] - 12:10, 
15:14
read [11] - 6:23, 6:25, 
7:3, 7:7, 7:14, 7:17, 
7:20, 7:23, 10:15, 
10:16, 12:11
readdress [1] - 4:15
really [1] - 3:7
reason [2] - 5:18, 
5:21
receive [3] - 6:16, 
6:21, 7:11
recess [1] - 17:4
record [4] - 8:5, 8:21, 
10:15, 17:8
recorded [1] - 1:23
Recording [1] - 17:5
recording [2] - 1:24, 
17:9
referred [2] - 3:6, 
3:21
regarding [2] - 2:22, 
3:4
related [1] - 9:12
remember [2] - 6:11, 
11:22
represent [1] - 15:23
representation [8] - 
2:20, 2:23, 3:1, 
3:25, 6:20, 8:14, 
12:15, 15:19
representing [3] - 
9:19, 13:21, 16:19
represents [2] - 12:3, 
14:9
result [2] - 13:21, 
15:23
rights [1] - 11:22
RPR [1] - 1:19
Rule [1] - 6:18
S
SBA [1] - 11:6
seat [1] - 2:16
second [1] - 10:7
seeking [1] - 9:10
sees [1] - 8:13
separate [5] - 12:6, 
13:7, 14:12, 14:24, 
15:5
September [1] - 1:5
set [2] - 8:17, 11:24
shielding [2] - 9:25, 
11:11
shift [1] - 9:16
shots [1] - 9:23
similar [1] - 14:6
small [1] - 11:7
Snider [8] - 2:7, 2:9, 
3:2, 5:22, 8:4, 
11:16, 12:11, 14:22
SNIDER [7] - 1:13, 
2:6, 5:24, 8:9, 9:25, 
16:14, 16:22
sort [4] - 3:11, 3:15, 
8:24, 10:19
Southern [1] - 17:13
SOUTHERN [1] - 1:1
specific [4] - 3:18, 
3:19, 3:23, 10:14
specifically [2] - 
3:13, 12:1
specificity [1] - 8:12
stand [1] - 17:4
starting [1] - 2:5
state [1] - 6:4
STATES [3] - 1:1, 
1:4, 1:11
States [6] - 1:14, 
1:20, 2:2, 2:7, 2:8, 
17:12
STEINBEISSER [1] - 
1:19
Steinbeisser [1] - 
17:11
stenography [1] - 
1:23
still [1] - 3:24
strategy [1] - 3:15
STRAUSS [1] - 1:10
strongly [3] - 10:2, 
10:9, 10:12
substance [1] - 5:8
superseding [4] - 
8:16, 9:7, 9:8, 11:4
swear [1] - 4:2
sworn [2] - 4:9, 4:10
T
terms [1] - 3:16
testified [2] - 3:20, 
8:16
testify [4] - 3:15, 6:6, 
10:4, 10:7
testimony [5] - 6:8, 
6:12, 7:3, 7:19, 
10:9
THE [64] - 1:10, 1:12, 
1:16, 2:2, 2:9, 2:15, 
4:11, 4:19, 4:22, 
4:25, 5:3, 5:7, 5:11, 
5:14, 5:17, 5:22, 
5:25, 6:2, 6:13, 
6:23, 6:25, 7:2, 7:6, 
7:9, 7:14, 7:16, 
7:19, 7:22, 7:25, 
8:3, 9:19, 11:16, 
11:22, 12:1, 12:5, 
12:9, 12:13, 12:18, 
12:22, 13:2, 13:6, 
13:12, 13:16, 
13:19, 13:24, 14:2, 
14:4, 14:6, 14:11, 
14:15, 14:20, 
14:24, 15:3, 15:9, 
15:13, 15:17, 
15:21, 16:1, 16:4, 
16:7, 16:10, 16:15, 
16:23, 16:25
therefore [1] - 13:19
thinking [3] - 4:13, 
4:16, 5:5
titled [1] - 6:17
today [14] - 4:15, 
4:17, 4:20, 5:1, 5:5, 
5:9, 5:12, 5:20, 
13:13, 14:22, 
15:10, 16:21, 17:1
today's [2] - 4:23, 
15:15
took [1] - 8:10
towards [9] - 9:3, 
9:13, 9:16, 10:2, 
10:9, 10:12, 10:20, 
11:1, 11:11
TRACY [2] - 1:7, 4:9
Tracy [2] - 2:3, 9:13
TRANSCRIBER [1] - 
17:6
Transcriber [2] - 
1:20, 17:12
TRANSCRIPT [1] - 
1:10
transcript [6] - 1:24, 
6:8, 6:11, 7:2, 17:8, 
17:9
transcription [1] - 
1:24
transcripts [2] - 7:22, 
8:12
trial [9] - 3:20, 6:8, 
7:3, 7:20, 8:15, 9:8, 
9:15, 10:8
true [1] - 9:1
try [1] - 9:21
turn [2] - 13:10, 15:7
two [2] - 6:3, 11:5
types [1] - 12:9
Lance W. Steinbeisser - Federal Certified Realtime Reporter
20
U
unable [1] - 3:2
UNITED [3] - 1:1, 1:4, 
1:11
United [6] - 1:14, 
1:20, 2:2, 2:7, 2:8, 
17:12
V
verify [1] - 6:15
versus [3] - 2:2, 10:4, 
10:10
view [1] - 10:25
voluntarily [3] - 2:25, 
14:4, 16:8
voluntary [2] - 8:19, 
16:12
vs [1] - 1:6
W
Wade [34] - 2:2, 2:3, 
2:11, 2:21, 2:24, 
3:8, 3:20, 3:22, 4:2, 
4:7, 4:16, 5:3, 6:16, 
7:9, 9:9, 9:13, 9:20, 
9:21, 9:22, 9:25, 
10:2, 11:1, 11:4, 
11:11, 11:17, 
11:19, 11:24, 
13:21, 13:22, 14:6, 
15:23, 15:24, 16:19
WADE [52] - 1:7, 1:7, 
4:9, 4:10, 4:18, 
4:21, 4:24, 5:2, 5:6, 
5:10, 5:13, 5:16, 
6:22, 6:24, 7:1, 7:5, 
7:8, 7:13, 7:15, 
7:18, 7:21, 7:24, 
8:2, 11:21, 11:25, 
12:4, 12:8, 12:12, 
12:17, 12:21, 13:1, 
13:5, 13:11, 13:15, 
13:18, 13:23, 14:1, 
14:3, 14:5, 14:10, 
14:14, 14:19, 
14:23, 15:2, 15:8, 
15:12, 15:16, 
15:20, 15:25, 16:3, 
16:6, 16:9
Wade's [5] - 3:20, 
6:8, 6:12, 7:3, 
11:12
Wades [1] - 2:13
waive [12] - 3:24, 
12:14, 12:24, 13:4, 
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 20 of 21

Lance W. Steinbeisser - Federal Certified Realtime Reporter
21
13:6, 13:7, 14:2, 
14:17, 15:3, 15:4, 
16:4
waiver [6] - 8:18, 
11:15, 13:8, 15:6, 
16:7, 16:16
waivers [2] - 16:12, 
16:13
waiving [2] - 2:25, 
15:18
week [1] - 6:10
weight [1] - 9:2
WILCOX [1] - 1:18
Wilcox [10] - 2:14, 
2:16, 2:21, 5:17, 
6:5, 7:7, 8:1, 13:20, 
15:22, 16:18
Williams [1] - 17:3
wish [4] - 3:16, 3:24, 
9:20, 15:7
witness [2] - 10:7, 
10:11
witnesses [1] - 3:18
words [1] - 9:19
writing [1] - 8:11
Y
year [2] - 10:21, 11:2
Case 0:23-cr-60173-KMW   Document 275   Entered on FLSD Docket 05/22/2025   Page 21 of 21

File and source

File

gov.uscourts.flsd.670191.275.0.pdf

Size

319,501 bytes

SHA-256

6e13df50c01f5e35eb94a1b2149b62210fae0fcbf29a8e732db09b0d41fdf7a5

Our copy

gov.uscourts.flsd.670191.275.0.pdf

Original

PACER (login required)