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Case 1:21-cr-00006-MHC Document 52-1 Filed 08/18/21 Page 1 of 18
FILED IN OPEN COURT
U.S.D.C ATLANTA
AUG 18 2021
Date: __________________________
KEVIN P. WEIMER, Clerk
s/Lynn Wood Beck
By: ____________________________
GUILTY PLEA and PLEA AGREEMENT
Deputy Clerk
United States Attorney
Northern District of Georgia
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CRIMINAL NO. 1:21-CR-00006
The United States Attorney for the Northern District of Georgia and the
Department of Justice, Criminal Division, Fraud Section (collectively, "the
Government"7) and Defendant Hunter VanPelt, a/k/a Hunter Lauren VanPelt,
a/k/a Ellen Corkmm, a/k/a Ellen Yabba Kwame Corkrum enter into this plea
agreement as set forth below in Part IV pursuant to Rules ll(c)(l)(A) & (B) of the
Federal Rules of Criminal Procedure. Hunter VanPelt, a/k/a Hunter Lauren
VanPelt, a/k/a Ellen Corkrum, a/k/a Ellen Yabba Kwame Corkrum, Defendant,
having received a copy of the above-numbered Information and having been
arraigned, hereby pleads GUILTY to the Information.
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 the Information.
II. 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. At a 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
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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
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.
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III. 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 the sole charge in the Information
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.
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.
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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.
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:
Dismissal of Counts
11. The Government agrees that, upon the entry of the Judgment and
Commitment Order, any and all remaining counts in the above-styled case still
pending against the Defendant shall be dismissed pursuant to Standing Order
No. 07-04 of this Court and to Rule 48(a) of the Federal Rules of Criminal
Procedure. The Defendant understands that the Probation Office and the Court
may still consider the conduct underlying such dismissed counts in determining
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relevant conduct under the Sentencing Guidelines and a reasonable sentence
under Title 18, United States Code, Section 3553 (a).
No Additional Charges
12. The United States Attorney for the Northern District of Georgia and the
Department of Justice, Criminal Division, Fraud Section agree 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.
Sentencing Guidelines Recommendatipns
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.
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 $3,500,000 but less than $9,500,000.
c. The Defendant receive the 2-level upward adjustaient pursuant to
Section 2Bl.l(b)(17)(A).
Acceptance of Responsibility
15. The Government will recommend that the Defendant receive an offense
level adjustment for acceptance of responsibility, pursuant to Section 3E1.1, to
the maximum extent authorized by the guideline. However, the Government will
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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 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 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 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.
Ri^ht 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
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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
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.
Restihition
19. The Defendant agrees to pay full restitution, plus applicable interest, to
the Clerk of Court for distribution to all 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. The Defendant understands
that the amount of restitution owed to each victim will be determined at or
before sentencing. The Defendant also agrees to cooperate fully in. the
investigation of the amount of restitution, the identification of victims, and the
recovery of restitution for victims.
Forfeiture
20. The Defendant acknowledges that each asset listed below is subject to
forfeiture pursuant to 18 U.S.C. § 982(a)(2)(A) and agrees that she shall
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immediately forfeit to the United States any property constituting, or derived
from, proceeds obtained directly or indirectly as a result of the violation,
including, but not limited to, the following:
a. $8,401.00 in U.S. Currency seized from Defendant's residence on or
about October 6, 2020;
b. $216,474.36 in funds seized from Navy Federal Credit Union
Account Number ending 8872 held in the name of Hunter Lauren
VanPelt;
c. $2,685.36 in funds seized from Minnco Credit Union Account
Number ending 6906 held in the name of Lucretia K. Turnquist;
d. $91,574.53 in funds seized from JP Morgan Chase Bank Account
Number ending 3083 held in the name Corkrum Consolidated Inc.;
e. $69,636.43 in funds seized from JP Morgan Chase Bank Account
Number ending 611 held in the name of Kiwi International Inc.;
f. $1,666,755.44 in funds seized from JP Morgan Chase Bank Account
Number ending 6303 held in the name of First Corporate
International, Inc.; and,
g. $21,854.00 in funds seized from JP Morgan Chase Bank Account
Number ending 9031 held in the name of Nephrology Network
Group LLC.
21. The Defendant waives and abandons all right, title, and interest in all of
the property listed above (referred to hereafter, collectively, as //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
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other property that may have been seized in connection with this case. The
Defendant agrees to the administrative or judicial forfeiture or the abandonment
of any seized property.
22. 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 m 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.
23. 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
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challenges in any manner (including direct appeal, a Section 2255 petition,
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.
24. The Defendant acknowledges that she is not entitled to use forfeited
assets, including the Subject Property, to satisfy any fine, restitution, cost of
imprisonment, tax obligations, or any other penalty the Court may impose upon
the Defendant in addition to forfeiture. However, the United States Atfcorney/s
Office for the Northern District of Georgia and the Department of Justice,
Criminal Division, Fraud Section will recommend to the Chief of the Money
Laundering and Asset Recovery Section (MLARS) of the United States
Department of Justice that property forfeited in this case, or any related civil
forfeiture case, be used to compensate the victim(s) specified in the restitution
order, provided that the Government determines that the requirements for
restoration as set forth in MLARS Asset Forfeiture Policy Manual, Chapter 14,
Part II (2019), are met. The Defendant understands that the decision on any
petition for remission or restoration is not within the ultimate control of the
United States Attorney s Office or the Department of Justice, Criminal Division,
Fraud Section.
25. 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.
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Financial Cooperation Provisions
Special Assessment
26. The Defendant agrees that she will pay a special assessment in the amount
of $100 by money order or certified check made payable to the Clerk of Court,
LLS. 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
27. 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 Defendants financial situation
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
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may contact the Defendant regarding the collection of any fine and/or restitution
without notifying and outside the presence of her counsel.
Financial Disclosure
28. The Defendant agrees that the Defendant will not sell, hide, waste,
encumber, destroy, or otherwise devalue any such asset worth more than $5,000
before sentencing, without the prior approval of the Government. The Defendant
understands and agrees that the Defendants failure to comply with this
provision of the Plea Agreement should result in the Defendant receiving no
credit for acceptance of responsibility.
29. 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.
30. The Defendants 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
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
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protections to permit the Government to access her credit report and tax
information held by the Internal Revenue Service.
31. 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 Governments criminal prosecution. However, the Government
may use the Defendants 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 inter^iew(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 Defendants inter^iew(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
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-bindin^;
32. The Defendant understands and agrees that the recommendations of the
Government incorporated within this Plea Agreement, as well as any
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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
33. 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 Defendants counsel rendered constitutionally ineffective assistance are
excepted from this waiver. The Defendant understands that this Plea Agreement
does not limit the Governments 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.
Miscellaneous Waivers
FOIA/Privacy Act Waiver
34. 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
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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
35. There are no other agreements, promises, representations, or
understandings between the Defendant and the Government.
InQperrCcprt this I A/ day of August, 2021.
, ^--^
Attorney) SIGNATURE (Defendant)
Brockton D."Hunter Hunter VanPelt
SIGNATURE (pe^ntiant/s Attorney)
Brenda Joy^BJ^^rnstein
SIGI^ATlXE (Assistant U.S. Attorney)
Christopher J. Huber
C^J "~^
w
SIGNATURE (Trial Attorney)
Chris A. Wenger
SIGNATURE (Approving Official)
Stephen H. McClain
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^ /^^u^
// "
SIGNATURE (Approving Official)
Jacob Foster
I have read the Information 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. I 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 cas^
/^A-
SIGNATURE (Defendant) DATE
Hunter VanPelt
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I am Hunter VanPelt, a/k/a Hunter Lauren VanPelt, a/k/a Ellen Corkrum,
a/k/a Ellen Yabba Kwame Corkrum/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
a— ^ZP.
SteNMTfRE (D€ ttorney) DAT]
Brockton D. Hunter
Brockton D. Hunter, PA. Hunter VanPelt
3201 Hennepin Avenue S 655 Danas Ridge Drive
Minneapolis, MN 55408 Roswell, GA 30075
612-874-1625
SIGNATURE defendant's Attorney) DAT^
Brenda Joy (B.^) Bernstein
The Bernstein Law Firm., P.C. Hunter VanPelt
P.O. Box 410 655 Danas Ridge Drive
Palmetto, GA 30268 Roswell,GA 30075
404-522-1200
bate Bar of Georgia Number
Filed in Open Court
This li. day of August, 2021
^JUA^
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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.: 1:21-CR-00006
DEFENDANT'S NAME: HUNTER VANPELT, A/K/A HUNTER LAUREN
VANPELT, A/K/A ELLEN CORKRUM, A/K/A
ELLEN YABBA KWAME CORKRUM
PAY THIS AMOUNT: $100
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 defendants name on certified check or money order.
5. 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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