Motion — United States v. Tracy D. Wade (Dkt. 282, 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. 282 · 2025-07-05 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT, 
SOUTHERN DISTRICT OF FLORIDA 
 
 
UNITED STATES OF AMERICA,  
 
 
 
 
Plaintiff, 
 
 
 
 
 
v. 
 
 
 
 
 
 
 
 
TRACY D. WADE, 
 
 
 
CASE NO. 23-CR-60173 (2) 
 
 
Defendant.  
________________________________________________/ 
 
MOTION TO EXTEND SURRENDER DATE BY 30 DAYS. 
 
 
Tracy Wade was convicted at trial of conspiracy, wire fraud, and false 
statements counts related to a Paycheck Protection Program (PPP) loan 
disbursed to him post-Covid.  The loan was for $20,833 and there was no 
dispute that another person, Haydee Rivero, created false documents in a 
successful effort to have the funds disbursed when Mr. Wade would not 
have qualified for the loan with accurate documents.  Ms. Rivero “assisted” 
many Broward Sheriff’s Office deputies in submitting such loans, resulting 
in media coverage and multiple criminal cases.  The government alleged 
that Mr. Wade himself electronically signed the false loan paperwork, 
ultimately receiving $20,833 in government funds which he was not entitled 
to.  They also alleged he was involved in his wife and co-defendant Carolyn 
Wade’s PPP application, which also resulted in the disbursement of 
$20,833, for a total loss of $41,666.  Ms. Rivero received a probationary 
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sentence without jail time for her role in orchestrating this fraud involving 
the Wades and multiple other people, some charged and some not. (SDFL 
case 23-cr-60124). 
At sentencing, the Government requested a sentence of 14 months in 
prison and the defense requested a probationary sentence.  The Court 
sentenced Mr. Wade to 90 days in jail followed by three years of probation. 
The defense has filed an appeal, which has been opened as Eleventh 
Circuit case number 25-11132-DD.  The surrender date has currently been 
set by this Court for July 28, 2025.  This Court previously extended the 
surrender date after the defense filed a motion to stay the jail sentence and 
surrender date until after the resolution of the appeal.  The Court did not 
rule on that motion, instead extending the surrender date, because the 
defense could not articulate that the appeal “raises a substantial question 
of law or fact likely to result in” reversal, a new trial, or a reduced sentence, 
as required by 18 U.S.C. § 3143(b).  That was because undersigned 
counsel, who was retained after the trial loss for purposes of appeal, was 
not present at the trial and therefore could not state other than in general 
terms what issues would be raised on appeal.  In order to do so, 
undersigned counsel will need to read the trial and pretrial hearing 
transcripts, consult with Mr. Wade, and perform legal research.  
Undersigned counsel anticipated he would be able to do so at least a week 
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in advance of the July 28, 2025 surrender date and was planning to file a 
renewed Motion to Stay with legal argument on the issues to be raised on 
appeal, as was articulated at the last court date.   To undersigned counsel’s 
recollection, at that court date (April 14, 2025), the Court stated that 
undersigned counsel should file such a motion at least a week in advance 
of the scheduled surrender date to give the government time to respond 
and the Court time to rule.   
Undersigned counsel filed the Transcript Order Form on April 4, 
2025.  The defense ordered all trial transcripts (nine days) as well as all 
pretrial hearings (seven days) and the sentencing.  Undersigned counsel 
promptly paid for the transcripts as directed by the various court reporters 
and the court reporters certified that the transcripts had been delivered.  
However, last week when undersigned counsel was reading the transcripts 
both to prepare to file the Initial Brief in the Eleventh Circuit and to file a 
renewed Motion to Stay surrender in this Court, undersigned counsel 
realized that he had not been sent two of the transcripts, from 9/23/24 and 
9/26/24.  9/23/24 was a short hearing and has been transcribed, though the 
transcript has not been provided to undersigned counsel.  It likely will be 
shortly.  However, 9/26/24 was a lengthy and substantive hearing before 
Magistrate Patrick M. Hunt, per the Clerk’s notes 1.5 hours, at which the 
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defense motion to dismiss and a motion for release of Brady materials were 
addressed shortly before trial began on 10/7/24. 
This 9/26/24 transcript is necessary for undersigned counsel to 
review to identify appellate issues.  Upon realizing the transcript had not 
been provided, despite it having been ordered and the court reporters 
having certified the Transcript Order Form had been fulfilled, undersigned 
counsel reached out to court reporter on June 29, 2025 to inquire as to the 
transcript.  Court reporter Lance Steinbeisser responded that the 
magistrate’s office had not docketed it properly and it had not been 
assigned to transcribe.  It was digitally recorded and the audio was 
released to Mr. Steinbeisser on July 1, 2025.  He said he could transcribe 
the court date now, and undersigned counsel paid him the estimate for 
transcription.  It is supposed to be completed within 14 days of payment, 
which was July 3, 2025.  However, undersigned counsel is on a preplanned 
family vacation currently and will not be back in the office until. July 21, 
2025.  That is why undersigned counsel was working on this last week and 
had planned to finish the transcripts and identification of legal issues and 
renewed Motion to Stay by July 3, 2025, before leaving on vacation. 
Undersigned counsel also contacted the Eleventh Circuit about this 
and they rescinded a previous briefing schedule as the transcripts were not 
complete, and will reissue a briefing order when the transcripts are 
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completed and filed.  Presumably the Initial Brief will be due thirty days 
after the transcripts are completed and filed, meaning likely it will be due 
sometime in mid-August. 
Due to this unforeseen issue which has prevented undersigned 
counsel from fully reviewing the transcripts and identifying legal issues to 
file a renewed Motion to Stay Surrender which addresses the merits of the 
specific legal issues to be raised on appeal and that they are substantial 
and likely to result in reversal, the defense moves for a 30-day extension of 
the current surrender date, until August 27, 2025.  This would allow 
undersigned counsel to be able to file a renewed Motion to Stay at least a 
week in advance of that surrender date and the Court will be able to rule on 
the merits and whether Mr. Wade will need to surrender to serve his 90-day 
jail sentence prior to appellate resolution, which would almost certainly 
require him to serve the jail sentence before the appeal is decided. 
Mr. Wade was a Broward Sheriff’s Office deputy, working in BSO’s 
detention facilities.  He is 52 years old and has no criminal history 
whatsoever.  He and his wife Carolyn have an 11-year old daughter who 
lives with them.  He also has two adult children from a previous marriage.  
Mr. Wade is from and grew up in Miami, graduating from Carol City High 
School and Miami Dade College with an associate’s degree.  He is also a 
veteran of the US Marine Corps.  Mr. Wade served the community as a 
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Broward Sheriff’s Deputy, working in BSO’s detention facilities from 1997-
2022 (25 years).  He also owns and operates a local small business, Wade 
Funeral Home in Hallandale Beach, and has since 2011. 
During the pendency of this case (since July 1, 2024), Mr. Wade was 
out on bond/pretrial release and fully complied with the terms and 
conditions.  He has also been fully compliant and had no issues while living 
in the community post-trial. 
If this motion to extend the surrender date is granted, the defense 
believes there will be no prejudice to the Government.  The jail sentence 
would remain in place and Mr. Wade will ultimately have to serve every day 
of it if it is not ultimately stayed pending appeal, or if it is stayed if he loses 
the appeal.  However, Mr. Wade would be prejudiced if this motion is not 
granted, since he would have to serve a jail sentence without the Court 
ever being able to rule on the merits of whether he has a valid basis to stay 
the jail sentence pending appellate resolution pursuant to 18 U.S.C. § 
3143(b).  And, that would be no fault of Mr. Wade’s or of the defense, since 
the lack of transcription of all ordered court dates was a court reporter or 
magistrate’s staff error. 
Therefore, Mr. Wade respectfully moves the Court for an order 
extending the surrender date until August 27, 2025 
 
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Government’s Position. 
Undersigned counsel emailed Assistant United States Attorney David 
Snider on July 1, 2025 to ask the Government’s position on this motion.  
Undersigned counsel received an automated out of office reply stating Mr. 
Snider will be out of the office through July 11, 2025.  Undersigned counsel 
therefore does not know the government’s position on this motion. 
 
I HEREBY CERTIFY that a true and correct copy of the foregoing 
was served on all counsel of record in this cause, this 5th day of July, 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 282   Entered on FLSD Docket 07/05/2025   Page 7 of 7

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