Sentencing objections (Carolyn Wade PSR) — U.S. v. Wade

Record facts

U.S. District Court, Southern District of Florida · No. 0:23-cr-60173-KMW · Doc. 214 · 2025-01-10 · Docket on CourtListener

Full text

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
 
CASE NO. 23-60173-CR-WILLIAMS 
 
UNITED STATES OF AMERICA                                    
            
Plaintiff,                                                                         
v. 
 
CAROLYN DENISE WADE and  
TRACY D. WADE,  
           
  
Defendant, 
_____________________________________________/ 
 
DEFENDANT CAROLYN WADE’S OBJECTIONS TO THE  
PRESENTENCE INVESTIGATION REPORT  
 
 
Defendant, Carolyn Wade, through undersigned counsel, respectfully files her 
Objections to the Presentence Investigation Report (PSIR) dated November 20, 2023. 
(DE 209). In support thereof, Ms. Wade states:  
Offense Conduct  
 
A jury found Ms. Wade guilty of conspiracy to commit wire fraud, in violation of 
18 U,S.C. § 1349; wire fraud, in violation of 18 U,S.C. § 1343; a general conspiracy in 
violation of 18 U.S.C. § 371; and three counts of false statements against to the Small 
Business Association (SBA), in violation of 15 U.S.C 645(a). Ms. Wade accepts 
responsibility for failing to exercise greater care and due diligence in the reviewing the 
loan applications prior to signing the SBA loan application. See PSIR ¶ 56 
However, Ms. Wade humbly submits that she never specially intended to defraud 
the United States or the Small Business Association. Accordingly, Ms. Wade objects to 
the paragraphs in the Offense Conduct Section of the PSIR that asserts she agreed with  
Case 0:23-cr-60173-KMW   Document 214   Entered on FLSD Docket 01/10/2025   Page 1 of 4

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Haydee Rivero to defraud the United States, and any paragraph that asserts that 
Haydee Rivero committed fraudulent acts at Ms. Wade’s direction.  
 
Paragraph 25:  Ms. Wade denies that she agreed with Haydee Rivero or any 
other person to obtain Paycheck Protection Program (PPP) loans from the SBA based on 
materially false or fraudulent information,  
 
Paragraph 26: 
Ms. Wade denies that she agreed with Haydee Rivero or any 
other person to knowingly and with intent to defraud devise a scheme to and artifice to 
defraud to obtain money and property by means of materially false pretenses, 
representations or promises. Furthermore, Ms. Wade submits that she received no 
property from the offenses of which she was found guilty.  
 
Paragraph 27: 
Ms. Wade denies directing Haydee Rivero or any other person 
to create and prepare fictitious Internal Revenue Service (IRS) Schedule C forms for a 
PPP loan application.   
 
Paragraph 38: 
Ms. Wade denies directing Haydee Rivero to create a false and 
fictitious IRS Schedule C for the tax year 2019. 
 
Paragraph 43: 
The PSIR states that Haydee Rivero received $1000 from 
Carolyn Wade as payment for creating a false IRS schedule C. Ms. Wade submits that 
she paid Haydee Rivero a total of $5000 for preparing the PPP loan application.  
 
Paragraph 46: 
The PSIR names six other individuals who received loans 
based on false IRS schedule C forms created by Haydee Rivero. The list is incomplete. At 
trial, two defense witnesses, Mr. Wright and Mr. Perez, testified to receiving PPP loans 
based upon false IRS Schedule C forms created by Haydee Rivero.  
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Paragraph 51: 
The PSIR states that Carolyn Wade and Tracy Wade 
conspired with Haydee Rivero to unlawfully apply for and obtain two PPP loans, each in 
the amount of $20,833. Ms. Wade denies conspiring with Haydee Rivero to apply for and 
obtain a PPP loan for Tracy’s loan. Ms. Wade further submits that she should only be 
held responsible for $20,833.  
Offense Level Computation 
 
Paragraph 60: 
Ms. Wade objects to the 6-level increase to the base offense 
level for being accountable for a loss between $40,000 and less than $95,000 pursuant to 
USSG § 2B1.1(b)(1)(D). Ms. Wade submits she is only accountable for $20,833. 
Accordingly, the base offense level should only have been increased by 2-levels pursuant 
to USSG § 2B1.1(b)(1)(C).  
 
If the Court sustains the objection to the loss amount attributable to Ms. Wade, 
the total offense level would be reduced from level 11 to level 9. At level 9 and Criminal 
History Category I, the advisory guideline imprisonment range is 4 to 10 months.  
Personal and Family Data  
 
Paragraph 77: 
The PSIR states that at the age of 16, Ms. Wade lived with her 
grandmother and her boyfriend. This is incorrect. Ms. Wade did not live with her 
boyfriend at her grandmother’s house. She did however, eventually moved from her 
grandmother’s house to live with her boyfriend.  
  
 
 
 
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Conclusion  
 
 Based upon the foregoing, Ms. Wade respectfully requests that the Court sustain 
her objections to the Presentence Investigation Report, direct the United States to make 
the necessary corrections and to impose a sentence consistent with her objections.  
 
CERTIFICATE OF SERVICE 
 
I HEREBY CERTIFY that a true and correct copy of the foregoing pleading was 
electronically filed with the Clerk of the Court via CM/ECF. I also certify that the 
foregoing pleading was served electronically on this date on all counsel of record via 
Notice of Electronic Filing generated by CM/ECF on January 10, 2025.  
                                              
 
 
 Respectfully submitted, 
 
/s/ Daryl E. Wilcox.___ 
Daryl E. Wilcox, Esquire  
Attorney: Carolyn Wade & Tracy Wade 
F.B.N.  838845  
5201 S.W. 18th Street 
Plantation, Florida 33317 
(954) 303-1457 
darylewilcox06@gmail.com  
 
/s/ Johnny L. McCray, Jr. 
 
 
 
 
 
 
 
Johnny L. McCray, Jr. PA 
 
 
 
 
 
 
 
F.B.N. 342319 
 
 
 
 
 
 
 
Law Office of Johnny L. McCray, Jr. ,  
 
 
 
 
 
 
 
400 East Atlantic Boulevard 
 
 
 
 
 
 
 
Pompano Beach, FL 33060 
 
 
 
 
 
 
 
(954) 781-3662  
Attorney:  Carolyn Wade & Tracy Wade
 
mccrayjlaw@gmail.com 
 
 
               
  
Case 0:23-cr-60173-KMW   Document 214   Entered on FLSD Docket 01/10/2025   Page 4 of 4

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