Motion for PreSentence Payment — United States v. Tracey Wade and Carolyn Wade (caption spelling as filed)

Source document: Motion for PreSentence Payment; document type: Motion (agreed; pre-sentence restitution payments).

Full text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

CASE NO. 23-cr-60173-KMW

UNITED STATES OF AMERICA

Plaintiff,

vs.

TRACEY WADE and
CAROLYN WADE,

Defendants.
________________________________/

AGREED MOTION FOR PRE-SENTENCE PAYMENTS

The United States of America in agreement with the Defendants and  pursuant to 28 U.S.C.
§§ 1651, 2041 and 2042, moves for an order directing the Clerk of the Court to accept pre-sentence
payments toward the criminal restitution judgments to be imposed, and in support thereof states:
1.
On October 23, 2024, defendant Tracey Wade was found guilty by a jury of
conspiracy to commit wire fraud, wire fraud,  conspiracy to make false statements to the SBA, and
false statements to the in violation of Title 18, United States Code, Sections 1349, 371, and 645(a).
ECF No. 183.  On the same date Carolyn Wade was found guilty by a jury wire fraud, conspiracy
to commit wire fraud, conspiracy to make false statements to the SBA and false statements to the
SBA in violation of Title 18, United States Code, Sections 1349, 371, and 645(a).  ECF No. 184.
Sentencing is scheduled for January 23, 2025. Id.

2.
As a result of these convictions and the testimony at trial, restitution judgments will
be imposed by this Court.
Case 0:23-cr-60173-KMW   Document 211   Entered on FLSD Docket 12/19/2024   Page 1 of 4

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3.
The defendants are each prepared to make a payment toward the impending
criminal financial obligation before sentencing on January 23, 2025.
4.
The defendants may submit payments by cash, cashier’s check, money order, or
wire transfer, with instructions to be provided separately, make them payable to “U.S. Courts” and
reference “U.S. v. Tracey and Carolyn Wade/Case No. 23-cr-60173-KMW/Restitution” and
deliver the payments to, Clerk of the Court for the Southern District of Florida, 400 N. Miami
Ave., Rm. 8N09, Miami, FL 33128.
5.
Pursuant to 28 U.S.C. § 2041, the Clerk of Court is authorized to accept and hold
such funds on behalf of the defendants until the time of sentencing.  The United States requests
that the funds be held in in the Court’s Registry until a restitution judgment is imposed against
Defendants.  Further, pursuant to 28 U.S.C. § 2042, the United States requests an order, that upon
the entry of a criminal judgment in this case, the Clerk of the Court is to withdraw and apply the
deposited funds and any accrued interest to the restitution judgment imposed against the
defendants.
6.
The Court has the discretion to order the requested relief pursuant to the All Writs
Act, 28 U.S.C. § 1651, which provides that “all courts established by Act of Congress may issue
all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages
and principles of law.”
7.
The United States has conferred with counsel for the defendants, Larry Handfield,
Esquire, who agrees to this Motion and has attempted to confer with counsel of record Johnny
McCray, Jr. via e-mail on December 17, 2024, but has not received a response.
WHEREFORE, the United States moves for an Order directing the Clerk of the Court to
accept pre-sentence payments to be held in the Court’s Registry until sentencing, and thereafter
Case 0:23-cr-60173-KMW   Document 211   Entered on FLSD Docket 12/19/2024   Page 2 of 4

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apply those funds and any accrued interest toward the restitution judgments imposed against the
defendants as provided by law and in accordance with the Clerk’s standard operating procedures.

Respectfully submitted,

MARKENZY LAPOINTE

UNITED STATES ATTORNEY

By:
/s/Danielle Croke

Danielle Croke

Assistant U.S. Attorney

Fla. Bar No. 0723258

500 S. Australian Avenue, 4th Floor

West Palm Beach, FL 33401

Telephone No. (561) 209-1035

Fax No. (561) 6559785

E-mail: Danielle.Croke@usdoj.gov

Counsel for Plaintiff

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on December 19, 2024, I electronically filed the foregoing
document with the Clerk of Court using CM/ECF.

/s/Danielle Croke

Danielle Croke
Assistant United States Attorney

Case 0:23-cr-60173-KMW   Document 211   Entered on FLSD Docket 12/19/2024   Page 4 of 4

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