Guilty Plea and Plea Agreement — United States v. Harrescia Hopkins

Summary

A guilty plea and plea agreement under Rules 11(c)(1)(A) & (B) in United States v. Harrescia Hopkins, No. 1:22-cr-00284-SEG-CMS, in the U.S. District Court for the Northern District of Georgia, filed December 20, 2022 as Doc. 19-1. The defendant pleads guilty to Counts 1 and 2 of the Indictment, each carrying a maximum of 30 years in prison and a maximum fine of $1,000,000.00. The agreed factual basis states that, while employed as a Federal Bureau of Prisons correctional officer, she submitted two false Paycheck Protection Program applications for Hopkins Towing and Storage to MBE Capital Partners, LLC and received $19,100 each time. The parties agree the loss was more than $40,000 but less than $95,000, and she agrees to pay $41,655 in restitution. The government agrees to recommend a sentence at the low end of the adjusted guideline range.

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Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Fy)RapRNIOPIENSCOURT -
U.S.D.C. - Atlanta

DEC 20 2022

Kevin P. Weimer. Clerk

Northern District of Georgia

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CRIMINAL NO. 1:22-CR-284-SEG-CMS

The United States Attorney for the Northern District of Georgia (“the
Government”) and Defendant Harrescia Hopkins enter into this plea agreement
as set forth below in Part IV pursuant to Rules 11(c)(1)(A) & (B) of the Federal
Rules of Criminal Procedure. Harrescia Hopkins, Defendant, having receiveda .
copy of the above-numbered Indictment and having been arraigned, hereby

pleads GUILTY to Counts 1 and 2.

I. ADMISSION OF GUILT

1. The Defendant admits that she is pleading guilty because she is in fact

guilty of the crime(s) charged in Counts 1 and 2.

Il. ACKNOWLEDGMENT & WAIVER OF RIGHTS

2. The Defendant understands that by pleading guilty, she is giving up the
right to plead not guilty and the right to be tried by a jury. Ata trial, the
Defendant would have the right to an attorney, and if the Defendant could not
afford an attorney, the Court would appoint one to represent the Defendant at
trial and at every stage of the proceedings. During the trial, the Defendant would
be presumed innocent and the Government would have the burden of proving
her guilty beyond a reasonable doubt. The Defendant would have the right to
confront and cross-examine the witnesses against her. If the Defendant wished,

she could testify on her own behalf and present evidence in her defense, and she
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page2of18

could subpoena witnesses to testify on her behalf. If, however, the Defendant did
not wish to testify, that fact could not be used against her, and the Government
could not compel her to incriminate herself. If the Defendant were found guilty
after a trial, she would have the right to appeal the conviction. |

3. The Defendant understands that by pleading guilty, she is giving up all of
these rights and there will not be a trial of any kind.

4. By pleading guilty, the Defendant also gives up any and all rights to pursue
any affirmative defenses, Fourth Amendment or Fifth Amendment claims, and
other pretrial motions that have been filed or could have been filed.

5. The Defendant also understands that she ordinarily would have the right to
appeal her sentence and, under some circumstances, to attack the conviction and
sentence in post-conviction proceedings. By entering this Plea Agreement, the
Defendant may be waiving some or all of those rights to appeal and to
collaterally attack her conviction and sentence, as specified below.

6. Finally, the Defendant understands that, to plead guilty, she may have to
answer, under oath, questions posed to her by the Court concerning the rights
that she is giving up and the facts of this case, and the Defendant's answers, if
untruthful, may later be used against her in a prosecution for perjury or false

statements.

Il. ACKNOWLEDGMENT OF PENALTIES

7. The Defendant understands that, based on her plea of guilty, she will be

subject to the following maximum and mandatory minimum penalties:
As to Count 1

a. Maximum term of imprisonment: 30 years.
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page3of18

b. Mandatory minimum term of imprisonment: None.

c. Term of supervised release: 0 year(s) to 5 years.

d. Maximum fine: $1,000,000.00, or twice the gain or twice the loss,
whichever is greatest, due and payable immediately.

e. Full restitution, due and payable immediately, to all victims of the
offense(s) and relevant conduct.

f. Mandatory special assessment: $100.00, due and payable
immediately.

g. Forfeiture of any and all proceeds from the commission of the
offense, any and all property used or intended to be used to facilitate
the offense, and any property involved in the offense.

As to Count 2

a. Maximum term of imprisonment: 30 years.

b. Mandatory minimum term of imprisonment: None.

c. Term of supervised release: 0 year(s) to 5 years.

d. Maximum fine: $1,000,000.00, or twice the gain or twice the loss,
whichever is greatest, due and payable immediately.

e. Full restitution, due and payable immediately, to all victims of the
offense(s) and relevant conduct.

f. Mandatory special assessment: $100.00, due and payable

immediately.
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page4of18

g. Forfeiture of any and all proceeds from the commission of the
offense, any and all property used or intended to be used to facilitate

the offense, and any property involved in the offense.

8. The Defendant understands that, before imposing sentence in this case, the
Court will be required to consider, among other factors, the provisions of the
United States Sentencing Guidelines and that, under certain circumstances, the
Court has the discretion to depart from those Guidelines. The Defendant further
understands that the Court may impose a sentence up to and including the
statutory maximum as set forth in the above paragraph and that no one can
predict her exact sentence at this time.

9. REMOVAL FROM THE UNITED STATES: The Defendant recognizes that
pleading guilty may have consequences with respect to her immigration status if
she is not a citizen of the United States. Under federal law, a broad range of
crimes are removable offenses, including the offense to which the Defendant is
pleading guilty. Indeed, because the Defendant is pleading guilty to this offense,
removal is presumptively mandatory. Removal and other immigration
consequences are the subject of a separate proceeding, however, and the
Defendant understands that no one, including her attorney or the District Court,
can predict to a certainty the effect of her conviction on her immigration status.
The Defendant nevertheless affirms that she wants to plead guilty regardless of
any immigration consequences that her plea may entail, even if the consequence

is her automatic removal from the United States.
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page5of18

IV. PLEA AGREEMENT

10. The Defendant, her counsel, and the Government, subject to approval by
the Court, have agreed upon a negotiated plea in this case, the terms of which are

as follows:

No Additional Charges

11. The United States Attorney for the Northern District of Georgia agrees not
to bring further criminal charges against the Defendant related to the charges to
which she is pleading guilty. The Defendant understands that this provision

does not bar prosecution by any other federal, state, or local jurisdiction.

Factual Basis

12. The parties agree that if this case went to trial, the Government would
prove by admissible evidence and beyond reasonable doubt the following facts:
a. On or about August 3, 2020, while residing in the Northern District
of Georgia and employed as a Federal Bureau of Prisons correctional
officer at the United States Penitentiary Atlanta, Georgia, the
Defendant electronically signed and submitted Paycheck Protection
Program (“PPP”) Borrower Application Form for a business named
Hopkins Towing and Storage via the internet to MBE Capital
Partners, LLC. The Defendant requested a loan in the amount of
$19,100 and falsely stated on the application that Hopkins Towing
and Storage was 100% owned by the Defendant, had gross income
of $100,525 in 2019, and would use the PPP loan to maintain payroll
or for other business expenses. The Defendant submitted a false IRS

Schedule C form to support her application. On or about August 17,
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page6of18

2020, the Defendant electronically signed and submitted via the
internet a U.S. Small Business Administration Note for SBA Loan
Number ******8207 in the amount of $19,100. On or about August 26,
2020, as a result of the loan application and note signed by the
Defendant, MBE Capital Partners, LLC transferred $19,100 into her
checking account. The U.S. Small Business Administration also paid
MBE Capital Partners, LLC a $955 lender guarantee fee.

b. On or about January 21, 2021, the Defendant electronically signed
and submitted a PPP Second Draw Borrower Application Form for
an additional $19,100 for Hopkins Towing and Storage via the
internet to MBE Capital Partners, LLC. This application repeated the
same false statements and attached the same falsified IRS Schedule
C form as the first application. On or about February 4, 2021, the
Defendant electronically signed and submitted via the internet a
U.S. Small Business Administration Note for SBA Loan Number
*we8307 in the amount of $19,100. On or about February 11, 2021,
as a result of the loan application and note signed by the Defendant,
MBE Capital Partners, LLC transferred an additional $19,100 into
her checking account. The U.S. Small Business Administration also
paid MBE Capital Partners, LLC an additional $2,500 lender
guarantee fee.

c. When making these applications, the Defendant knew that Hopkins

Towing and Storage was not a real or functioning business and
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page 7 of18

knew that the information on the applications and IRS Schedule C
form was not true.

d. The Defendant spent the PPP money on personal expenses including
a Caribbean cruise and other travel, a down payment and other
expenses related to purchasing a new Chevrolet Blazer, landscaping
for her house, restaurant meals, and retail goods. The Defendant

also transferred some of the money to relatives.

Sentencing Guidelines Recommendations

13. Based upon the evidence currently known to the Government, the
Government agrees to make the following recommendations and/or to enter into
the following stipulations.

As to Count 1
Base/Adjusted Offense Level
14. The Government agrees to recommend and the Defendant agrees that:
a. The applicable offense guideline is Section 2B1.1.
b. The amount of loss resulting from the offense(s) of conviction and all
relevant conduct is more than $40,000 but less than $95,000.

Acceptance of Responsibility

15. The Government will recommend that the Defendant receive the two-level
adjustment for acceptance of responsibility pursuant to Section 3E1.1 of the
Sentencing Guidelines. However, the Government will not be required to
recommend acceptance of responsibility if, after entering this Plea Agreement,
the Defendant engages in conduct inconsistent with accepting responsibility.

Thus, by way of example only, should the Defendant falsely deny or falsely
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page8of18

attempt to minimize the Defendant's involvement in relevant offense conduct,
give conflicting statements about the Defendant's involvement, fail to pay the
special assessment, fail to meet any of the obligations set forth in the Financial
Cooperation Provisions set forth below, or participate in additional criminal
conduct, including unlawful personal use of a controlled substance, the

Government will not be required to recommend acceptance of responsibility.

Right to Answer Questions, Correct Misstatements,
and Make Recommendations

16. The parties reserve the right to inform the Court and the Probation Office
of all facts and circumstances regarding the Defendant and this case, and to
respond to any questions from the Court and the Probation Office and to correct
any misstatements of fact or law. Except as expressly stated elsewhere in this
Plea Agreement, the parties also reserve the right to make recommendations
regarding the application of the Sentencing Guidelines. The parties understand,
acknowledge, and agree that there are no agreements between the parties with

respect to any Sentencing Guidelines issues other than those specifically listed.

Right to Modify Recommendations

17. With regard to the Government’s recommendation as to any specific
application of the Sentencing Guidelines as set forth elsewhere in this Plea
Agreement, the Defendant understands and agrees that, should the Government
obtain or receive additional evidence concerning the facts underlying any such
recommendation, the Government will bring that evidence to the attention of the
Court and the Probation Office. In addition, if the additional evidence is

sufficient to support a finding of a different application of the Guidelines, the
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page9of18

Government will not be bound to make the recommendation set forth elsewhere
in this Plea Agreement, and the failure to do so will not constitute a violation of

this Plea Agreement.

Sentencing Recommendations

Specific Sentence Recommendation

18. Unless the Defendant engages in conduct inconsistent with accepting
responsibility, as described more fully in paragraph 15, the Government agrees
to recommend that the Defendant be sentenced at the low end of the adjusted
guideline range.
Restitution

19. The Defendant agrees to pay $41,655 as restitution, plus applicable
interest, to the Clerk of Court for distribution to the following victims of the
offense(s) to which she is pleading guilty and all relevant conduct, including, but

not limited to, any counts dismissed as a result of this Plea Agreement:

MBE Capital Partners, LLC $38,200
United States Small Business $3,455
Administration

Forfeiture

20. The Defendant waives and abandons all right, title, and interest in all of
the property listed above (referred to hereafter, collectively, as the Subject
Property) and agrees to the administrative or judicial forfeiture of the Subject
Property. In addition, the Defendant waives and abandons her interest in any

other property that may have been seized in connection with this case. The
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page10of18

Defendant agrees to the administrative or judicial forfeiture or the abandonment
of any seized property.

21. The Defendant states that she is the sole and rightful owner of the Subject
Property, that to the best of her knowledge no other person or entity has any
interest in the Subject Property, and that she has not transferred, conveyed, or
encumbered her interest in the Subject Property. The Defendant agrees to take all
steps requested by the United States to facilitate transfer of title of the Subject
Property, including providing and endorsing title certificates, or causing others
to do the same where third parties hold nominal title on the Defendant's behalf,
to a person designated by the United States. The Defendant agrees to take all
steps necessary to ensure that the Subject Property is not hidden, sold, wasted,
destroyed, or otherwise made unavailable for forfeiture. The Defendant agrees
not to file any claim, answer, or petition for remission or restitution in any
administrative or judicial proceeding pertaining to the Subject Property, and if
such a document has already been filed, the Defendant hereby withdraws that
filing.

22. The Defendant agrees to hold the United States and its agents and
employees harmless from any claims made in connection with the seizure,
forfeiture, or disposal of property connected to this case. The Defendant
acknowledges that the United States will dispose of any seized property, and
that such disposal may include, but is not limited to, the sale, release, or
destruction of any seized property, including the Subject Property. The
Defendant agrees to waive any and all constitutional, statutory, and equitable

challenges in any manner (including direct appeal, a Section 2255 petition,

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Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page11of18

habeas corpus, or any other means) to the seizure, forfeiture, and disposal of any
property seized in this case, including the Subject Property, on any grounds.

23. The Defendant consents to the Court's entry of a preliminary order of
forfeiture against the Subject Property, which will be final as to her, a part of her

sentence, and incorporated into the judgment against her.

Financial Cooperation Provisions

Special Assessment |

24. The Defendant agrees that she will pay a special assessment in the amount
of $200 by money order or certified check made payable to the Clerk of Court,
U.S. District Court, 2211 U.S. Courthouse, 75 Ted Turner Drive SW, Atlanta,
Georgia 30303, by the day of sentencing. The Defendant agrees to provide proof
of such payment to the undersigned Assistant United States Attorney upon
payment thereof.
Fine/Restitution - Terms of Payment

25. The Defendant agrees to pay any fine and/or restitution, plus applicable
interest, imposed by the Court to the Clerk of Court for eventual disbursement to
the appropriate account and/or victim(s). The Defendant also agrees that the full
fine and/or restitution amount shall be considered due and payable
immediately. If the Defendant cannot pay the full amount immediately and is
placed in custody or under the supervision of the Probation Office at any time,
she agrees that the custodial agency and the Probation Office will have the
authority to establish payment schedules to ensure payment of the fine and/or
restitution. The Defendant understands that this payment schedule represents a

minimum obligation and that, should the Defendant’s financial situation

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Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page12o0f18

establish that she is able to pay more toward the fine and/or restitution, the
Government is entitled to pursue other sources of recovery of the fine and/or
restitution. The Defendant further agrees to cooperate fully in efforts to collect
the fine and/or restitution obligation by any legal means the Government deems
appropriate. Finally, the Defendant and her counsel agree that the Government
may contact the Defendant regarding the collection of any fine and/or restitution
without notifying and outside the presence of her counsel.

Financial Disclosure

26. The Defendant agrees that the Defendant will not sell, hide, waste,
encumber, destroy, or otherwise devalue any such asset worth more than $1,000
before sentencing, without the prior approval of the Government. The Defendant
understands and agrees that the Defendant's failure to comply with this
provision of the Plea Agreement should result in the Defendant receiving no
credit for acceptance of responsibility.

27. The Defendant agrees to cooperate fully in the investigation of the amount
of forfeiture, restitution, and fine; the identification of funds and assets in which
she has any legal or equitable interest to be applied toward forfeiture, restitution,
and/or fine; and the prompt payment of restitution or a fine.

28. The Defendant's cooperation obligations include: (A) fully and truthfully
completing the Department of Justice’s Financial Statement of Debtor form, and
any addenda to said form deemed necessary by the Government, within ten days
of the change of plea hearing; (B) submitting to a financial deposition or
interview (should the Government deem it necessary) prior to sentencing

regarding the subject matter of said form; (C) providing any documentation

12
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page13o0f18

within her possession or control requested by the Government regarding her
financial condition and that of her household; (D) fully and truthfully answering
all questions regarding her past and present financial condition and that of her
household in such interview(s); and (E) providing a waiver of her privacy
protections to permit the Government to access her credit report and tax
information held by the Internal Revenue Service.

29. So long as the Defendant is completely truthful, the Government agrees
that anything related by the Defendant during her financial interview or
deposition or in the financial forms described above cannot and will not be used
against her in the Government's criminal prosecution. However, the Government
may use the Defendant's statements to identify and to execute upon assets to be
applied to the fine and/or restitution in this case. Further, the Government is
completely free to pursue any and all investigative leads derived in any way
from the interview(s) /deposition(s)/ financial forms, which could result in the
acquisition of evidence admissible against the Defendant in subsequent
proceedings. If the Defendant subsequently takes a position in any legal
proceeding that is inconsistent with the interview(s)/deposition(s) / financial
forms-whether in pleadings, oral argument, witness testimony, documentary
evidence, questioning of witnesses, or any other manner-the Government may
use the Defendant's interview(s)/deposition(s)/ financial forms, and all evidence
obtained directly or indirectly therefrom, in any responsive pleading and
argument and for cross-examination, impeachment, or rebuttal evidence.

Further, the Government may also use the Defendant’s

13
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page14of18

interview(s)/deposition(s)/ financial forms to respond to arguments made or

issues raised sua sponte by the Magistrate or District Court.

Recommendations/Stipulations Non-binding
30. The Defendant understands and agrees that the recommendations of the
Government incorporated within this Plea Agreement, as well as any
stipulations of fact or guideline computations incorporated within this Plea
Agreement or otherwise discussed between the parties, are not binding on the
Court and that the Court's failure to accept one or more of the recommendations,
stipulations, and/or guideline computations will not constitute grounds to

withdraw her guilty plea or to claim a breach of this Plea Agreement.

Limited Waiver of Appeal

31. LIMITED WAIVER OF APPEAL: To the maximum extent permitted by
federal law, the Defendant voluntarily and expressly waives the right to appeal
her conviction and sentence and the right to collaterally attack her conviction and
sentence in any post-conviction proceeding (including, but not limited to,
motions filed pursuant to 28 U.S.C. § 2255) on any ground, except that the
Defendant may file a direct appeal of an upward departure or upward variance
above the sentencing guideline range as calculated by the District Court. Claims
that the Defendant's counsel rendered constitutionally ineffective assistance are
excepted from this waiver. The Defendant understands that this Plea Agreement
does not limit the Government's right to appeal, but if the Government initiates a
direct appeal of the sentence imposed, the Defendant may file a cross-appeal of

that same sentence.

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Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page15o0f18

Miscellaneous Waivers

FOTA/Privacy Act Waiver

32. The Defendant hereby waives all rights, whether asserted directly or by a
representative, to request or receive from any department or agency of the
United States any records pertaining to the investigation or prosecution of this
case, including, without limitation, any records that may be sought under the
Freedom of Information Act, Title 5, United States Code, Section 552, or the

Privacy Act of 1974, Title 5, United States Code, Section 552a.

No Other Agreements

33. There are no other agreements, promises, representations, or

understandings between the Defendant and the Government.

In a ow 20th day of December, 2022.

SIGNATURE (Defendant's Attorney) SK/SNATURE (Defendant)
Benjamin Black Alper Harrescia Hopkins

Dut) fff

SIGNATURE (Assistant U.S. Attorney)
Garrett L. Bradford

Tati P Citttona

SIGNATURE (Approving Official)
Nathan P. Kitchens

15
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page16of18

I have read the Indictment against me and have discussed it with my
attorney. I understand the charges and the elements of each charge that the
Government would have to prove to convict me at a trial. I have read the
foregoing Plea Agreement and have carefully reviewed every part of it with my
attorney. [ understand the terms and conditions contained in the Plea
Agreement, and I voluntarily agree to them. I also have discussed with my
attorney the rights I may have to appeal or challenge my conviction and
sentence, and I understand that the appeal waiver contained in the Plea
Agreement will prevent me, with the narrow exceptions stated, from appealing
my conviction and sentence or challenging my conviction and sentence in any
post-conviction proceeding. No one has threatened or forced me to plead guilty,
and no promises or inducements have been made to me other than those
discussed in the Plea Agreement. The discussions between my attorney and the
Government toward reaching a negotiated plea in this case took place with my
permission. I am fully satisfied with the representation provided to me by my

attorney _in this case,

12/90/82.

DATE

SIG RE (Defendant)
Harrescia Hopkins

16
Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page17of18

Tam Harrescia Hopkins’s lawyer. I have carefully reviewed the charges and
the Plea Agreement with my client. To my knowledge, my client is making an

informed and voluntary decision to plead guilty and to enter into the Plea
Agreement.

Zao=N \2/ 20/ 22

SIGNATURE (Defendant's Attorney) DATE
Benjamin Black Alper

Benjamin Black Alper

Alper Legal, P.C.

1205 Johnson Ferry Road

Suite 136, #359

Marietta, GA 30068

(404) 736-3939

State Bar of Georgia Number 940406

Filed in Open Court
This__ day of 2022
By

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Case 1:22-cr-00284-SEG-CMS Document19-1 Filed 12/20/22 Page18of18

U.S. DEPARTMENT OF JUSTICE
Statement of Special Assessment Account
This statement reflects your special assessment only. There may be other
penalties imposed at sentencing.

ACCOUNT INFORMATION
CRIMINAL ACTION NO.: | 1:22-CR-284-SEG-CMS
DEFENDANT’S NAME: HARRESCIA HOPKINS
PAY THIS AMOUNT: $200
Instructions:

1. Payment must be made by certified check or money order payable to:
Clerk of Court, U.S. District Court
*personal checks will not be accepted*
2. Payment must be made to the clerk’s office by the day of sentencing.
3. Payment should be sent or hand delivered to:

Clerk, U.S. District Court
2211 U.S. Courthouse

75 Ted Turner Drive SW
Atlanta, Georgia 30303
(Do Not Send Cash)

4. Include the defendant’s name on certified check or money order.

ot

Enclose this coupon to insure proper and prompt application of payment.

6. Provide proof of payment to the above-signed AUSA within 30 days of the

guilty plea.

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