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Opposition to Motion to Modify Conditions of Release — United States v. Vanpelt (N.D. Ga., Document 21)

Summary

An Opposition to Motion to Modify Conditions of Release, filed December 31, 2020 as Document 21 in United States of America v. Hunter VanPelt, Criminal Action No. 1:20-MJ-00821, in the U.S. District Court for the Northern District of Georgia, Atlanta Division. The United States, by Byung J. Pak, United States Attorney, and Christopher J. Huber, Assistant United States Attorney, opposes removing the ankle monitor. It argues that VanPelt poses a flight risk, pointing to a Ghanaian passport that was surrendered, relatives and business associates in Africa, and press reports attached as Exhibits 1 and 2. A footnote says the government would consider consenting to a one-day relaxation if a medical professional provided evidence that a necessary procedure was impossible. The filing asks the Court to deny the motion.

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Cite this document

“Opposition to Motion to Modify Conditions of Release — United States v. Vanpelt (N.D. Ga., Document 21).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-united-states-v-vanpelt-dkt-21-n-d-ga-84ffffaecc/, SHA-256 7dc6b415e62c2b3652854f4878b8808c58f404b5451acc9fe6d44b54c2b51ab2.

Full text

        Case 1:21-cr-00006-MHC Document 21 Filed 12/31/20 Page 1 of 4




                  IN THE UNITED STATES DISTRICT COURT
                 FOR THE NORTHERN DISTRICT OF GEORGIA
                           ATLANTA DIVISION


   U NITED S TATES OF A MER ICA
                                                  Criminal Action No.
         v.
                                                  1:20-MJ-00821
   H UNTER V AN P ELT



              Opposition to Motion to Modify Conditions of Release

   The United States of America, by Byung J. Pak, United States Attorney, and

Christopher J. Huber, Assistant United States Attorney for the Northern District

of Georgia, files this Opposition to Motion to Modify Conditions of Release.

   The defendant, Hunter VanPelt, seeks to have this Court modify the

conditions of her release by removing the requirement that she wear an ankle

monitor, claiming that it complicates planned medical procedures. VanPelt
acknowledges in her motion that the ankle monitor does not make the planned

medical procedures impossible and does not include any information about what
steps her medical providers would need to take due to the ankle monitor (her

motion does not include any information from any medical provider discussing
the difficulties created by the ankle monitor).

   The government opposes the motion. VanPelt poses a flight risk. She was a
citizen of Liberia and presumably can obtain a Liberian passport. At her initial

appearance, she admitted to having a Ghanaian passport (which she

surrendered), but, again, presumably she could obtain another one. She
        Case 1:21-cr-00006-MHC Document 21 Filed 12/31/20 Page 2 of 4




continues to have relatives and business associates in Africa. Her father

apparently lives in Ghana. And, according to VanPelt’s mother, VanPelt sends

money to Liberia to construct a health clinic and has purchased the land for the

clinic. In addition, also according to her mother, there is a family trust that owns

several acres of land in Liberia.

   According to press reports (attached as Exhibits 1 and 2), VanPelt 1 was

charged with economic sabotage, criminal facilitation, conspiracy to defraud the
government, and making unauthorized transfers of funds from government

accounts by Liberia. See Exs. 1 and 2. While those charges were pending,

according to those same articles, VanPelt “clandestinely left Liberia with the help

of some top security personalities.” Ex. 1.
   Ultimately, the Court should deny VanPelt’s motion. She has the ability to

obtain a non-United States passport. She has the contacts and resources to flee to

Africa. Apparently she has actually fled from criminal prosecution in the past.

The ankle monitor does not make it impossible for VanPelt to obtain the medical

services she requires. 2 Because of these facts, the ankle monitor is required to

reasonably assure VanPelt’s appearance for all Court proceedings.




   1 VanPelt changed her name from Ellen Corkrum in 2016.   VanPelt’s mother
was unaware of VanPelt’s current name in October of this year.
   2 If a medical professional provided evidence that a necessary procedure was

impossible because of the ankle monitor, the government would consider
consenting to a one-day relaxation of the ankle monitor requirement to allow the
procedure to occur.

                                         2
       Case 1:21-cr-00006-MHC Document 21 Filed 12/31/20 Page 3 of 4




                                  Conclusion

   For the reasons stated, the Court should deny the defendant’s Motion to

Modify Conditions of Release.

                                       Respectfully submitted,

                                       B Y UNG J. P AK
                                           United States Attorney


                                    /s/C HR ISTOPHER J. H UBER
                                           Assistant United States Attorney
                                       Georgia Bar No. 545627
                                       chris.huber@usdoj.gov




       600 U.S. Courthouse, 75 Ted Turner Drive S.W., Atlanta, GA 30303
                       (404) 581-6000 fax (404) 581-6181
                                       3
        Case 1:21-cr-00006-MHC Document 21 Filed 12/31/20 Page 4 of 4




                             Certificate of Service

The United States Attorney’s Office served this document today by filing it using

the Court’s CM / ECF system, which automatically notifies the parties and counsel

of record.


                          Akil Secret
                          Keith Adams

                            Counsel to Hunter VanPelt


December 31, 2020


                                         /s/ C HR ISTOPHER J. H UBER

                                         C HR ISTOPHER J. H UBER

                                         Assistant United States Attorney

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