Affidavit of Travis Wilmer (Dkt. 2-1, D. Minn.)

Summary

FBI Special Agent Travis Wilmer swore this affidavit on May 20, 2022 to support a complaint and arrest warrant charging Abdiaziz Shafii Farah with making a false statement in a passport application. It describes Farah as a target of the investigation into the misappropriation of Federal Child Nutrition Program funds, saying ThinkTechAct Foundation, Empire Cuisine & Market LLC and Empire Enterprises LLC received more than $30 million in program funds from approximately May 2020 to January 2022. ThinkTechAct, which received more than $21 million, transferred approximately $15,531,971 to companies created by Farah, according to its bank records. The affidavit says Farah stated on a Form DS-64 that a passport card had been lost, received a new passport on March 22, 2022, and booked a one-way flight to Nairobi, Kenya that Farah did not board.

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CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 1 of 34

STATE OF MINNESOTA )

) ss. AFFIDAVIT OF TRAVIS WILMER
COUNTY OF BELTRAMI )

i Your affiant, Travis Wilmer, being duly sworn, does state the following
is true and correct to the best of his knowledge and belief:

2. I have been employed as a Special Agent with the Federal Bureau of
Investigation (FBI) since November 8, 2021.

3. As a Special Agent, my primary duties and responsibilities consist of
conducting investigations of individuals and businesses for possible violations of
federal laws. I am presently assigned to the FBI’s Minneapolis, Minnesota field office
where I am a member of the Civil Rights and Public Corruption Squad.

4, During my employment as a Special Agent, I have conducted and
participated in investigations of varying degrees involving mail fraud, wire fraud,
fraud against the government, money laundering, and other criminal acts, including
criminal schemes where individuals misappropriate money from the investing public.

5. This affidavit is submitted for the limited purpose of establishing
probable cause in support of issuing a complaint and arrest warrant for ABDIAZIZ
SHAFII FARAH for making a false statement in a passport application, in violation
of Title 18, United States Code, Section 1542.

6. This affidavit is based on my personal knowledge, interviews of
witnesses, physical surveillance, information received from other law enforcement

agents, my experience and training, and the experience of other agents. Because this
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 2 of 34

affidavit is being submitted for the limited purpose of establishing probable cause in
support of the requested complaint and arrest warrant, I have not included each and
every fact known to me concerning this investigation. I have set forth only the facts
that I believe are necessary to establish probable cause to believe that ABDIAZIZ
SHAFII FARAH has committed violations of Title 18, United States Code, Section
1542.

I. PROBABLE CAUSE

A. FARAH is a Target of a Federal Investigation of a Scheme to
Misappropriate Millions of Dollars in Federal Child Nutrition
Program Funds

re ABDIAZIZ SHAFII FARAH is one of the targets of the high-profile
investigation into a massive scheme to fraudulently obtain and misappropriate
millions of dollars in federal child nutrition program funds.

8. During the investigation, the government identified several companies
located in and around Shakopee and Savage, Minnesota, that were receiving a
suspiciously high amount of reimbursements under the Federal Child Nutrition
Program. These companies—including ThinkTechAct Foundation, Empire Cuisine &
Market LLC, and Empire Enterprises LLC—worked together to carry out a scheme
to fraudulently obtain and launder Federal Child Nutrition Program funds.
Collectively, these companies received more than $30 million in Federal Child
Nutrition Program funds from approximately May 2020 to January 2022. As
explained below, the investigation has shown that FARAH owned and controlled
several of these companies and that he and other co-conspirators used them to

fraudulently obtain, launder, and misappropriate millions of dollars in Federal Child
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 3 of 34

Nutrition Program funds that were supposed to be used to provide nutritional meals

and food to children.

9. ThinkTechAct Foundation is one of the companies fraudulently
receiving and misappropriating Federal Child Nutrition Program funds. According to
records obtained from MDE, ThinkTechAct claimed to be serving meals to thousands
of children a day at multiple distribution sites. FARAH is a member of ThinkTechAct
Foundation’s board of directors.

10. Based on these claims, ThinkTechAct received more than $21 million in
Federal Child Nutrition Program funds from February 2021 to January 2022. The
company received approximately $18,006,479 from Partners in Quality Care and
approximately $3,758,133 from Feeding Our Future. These Federal Child Nutrition
Program funds represented more than 99 percent of the total funds deposited into
ThinkTechAct’s U.S. Bank account.

11. Areview of ThinkTechAct’s bank records show that Individual M.1., the
owner of ThinkTechAct, transferred approximately $15,531,971 of these Federal
Child Nutrition Program funds to one of a series of companies created by FARAH—
Empire Cuisine & Market LLC, Empire Enterprises LLC, and Empire Gas & Grocery
LLC. This represented more than 70 percent of the Federal Child Nutrition Program

funds received by ThinkTechAct.

Entity Amount
Received from
ThinkTechAct
(approximate)

Empire Cuisine & Market LLC $12,242 852

Empire Enterprises LLC $3,189,119
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 4 of 34

Empire Gas & Grocery LLC $100,000
Total $15,531,971

12. The “memo” lines on most of the checks indicated that these payments
from ThinkTechAct to Empire Cuisine & Market were for the purchase of food or
meals to serve as part of the Federal Child Nutrition Program. But, as explained
below, bank records show that FARAH and his companies did not use most of this
money to purchase food or serve meals. Instead, FARAH used his company to
misappropriate and launder Federal Child Nutrition Program funds. FARAH also
kicked back a portion of the funds to Individual M.I., the CEO of ThinkTechAct.

B. Empire Cuisine & Market LLC

13. Empire Cuisine & Market LLC is a small storefront restaurant and
market located in a strip mall in Shakopee, Minnesota. According to Minnesota
Secretary of State records, FARAH formed Empire Cuisine & Market LLC on or about

April 1, 2020.
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 5 of 34

14. Bank records show that ThinkTechAct sent more than $12 million in
Federal Child Nutrition Program funds to Empire Cuisine & Market LLC between
approximately February 2021 and January 2022. The memo lines on the check
indicated that the payments were for the purchase of food or meals to be served as
part of the Federal Child Nutrition Program.

15. FARAH and Individual M.I. prepared paperwork purporting to show
that these payments were for the purchase of meals. For example, on or about
October 19, 2021, Individual M.I. submitted for payment an invoice from Empire
Cuisine & Market. The invoice claimed that Empire Cuisine & Market had provided
approximately 282,306 meals at 11 Federal Child Nutrition Program sites in
September 2021. The invoice indicated that Empire Cuisine & Market was entitled

to $1,256,261 in payments from ThinkTechAct for meals provided in September 2021.

Empire Cuisines & Market
232 Marshell Road

‘Shakopee, MN 35379

6124444543

PAYMENT INSTRUCTIONS:

Invoice
n DIRECT DEPOSIT TO CHASE BANK
Submitted on 10/18/2021
Invoice for Invoice #
THINKTECH ACT Foundation 10182022

Project Due date

Description Qty Unitprice Total price
Four Seasons 19436 45 959,790.20
Cedar Run 33,09 445 $148,225.05
As Sunnah lelarnic Center $2130 $4ag | $231,978.50
Winfield Townhomes 2613 $445 $11,627.85

Samiaha islamic Center 51,908 $4.45
Woodbndge Apartments 33,302 445

Greenwood Place 19488 S445

Adpustments $0.00

$1,256,261.70
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 6 of 34

16. In addition to the $12 million it received from ThinkTechAct, Empire
Cuisine & Market also received more than $12 million in Federal Child Nutrition
Program funds during this same period directly from the two agencies that sponsored
its participation in the Federal Child Nutrition Program—Partners in Quality Care
and Feeding Our Future. Again, these payments were intended to serve as
reimbursements for the cost of providing meals as part of the Federal Child Nutrition
Program.

17. In all, bank records show that Empire Cuisine & Market received
approximately $11,346,307 from Partners in Nutrition between May 2020 and
January 2022 and an additional approximately $794,157 from Feeding Our Future
between April and June 2021. These funds were deposited into accounts held by
Empire Cuisine & Market at U.S. Bank, JP Morgan Chase, and Old National Bank.
FARAH was signatory on the accounts.

18. These funds, like the funds from ThinkTechAct, were ostensibly
reimbursements for food and meals provided and served by Empire Cuisine & Market
as part of the Federal Child Nutrition Program. But, as explained below, little of this
money was used to provide food or serve meals. Instead, FARAH misappropriated
much of this money. He also sent money to an array of individuals involved in the
scheme, including the CEO of ThinkTechAct, Individual M.I. Many of these
transactions involved shell companies that appear to have been set up to launder and

conceal the proceeds of the fraud scheme.
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 7 of 34

Entity Relationship to FARAH Amount

Empire Enterprises LLC | Owned by FARAH $2,310,786

Individual M.J.I. Co-Owner of Empire Cuisine & | $2,214,089
Market

FARAH $1,177,964

Bushra Wholesaler Owned by FARAH’s brother, | $1,081,854
Individual S.F.

MIB Holdings LLC Owned by CEO of | $915,300

(Individual M.1.) ThinkTechAct

BBI LLC $848,978

Individual S.F. FARAH’s brother $322,729

Individual M.I. CEO of ThinkTechAct $42,000

Total $8,913,700

19. In addition, as explained below, FARAH used millions of dollars in
Federal Child Nutrition Programs funds received by Empire Cuisine & Market to
purchase real estate and cars.

C. Empire Enterprises LLC

20. As explained above, bank records show that another company owned by
FARAH, Empire Enterprises LLC, received approximately $3,189,199 in
Federal Child Nutrition Program funds from ThinkTechAct in 2021. Again, the memo
lines on the checks indicate that the money was being paid for the purchase of food
or meals from Empire Enterprises.

21. Bank records further show that FARAH also transferred approximately
$2,310,786 in Federal Child Nutrition Program funds from Empire Cuisine & Market
to Empire Enterprises between April and July 2021.

22. At first glance, these payments were made to appear as though they

were for the purchase of food or meals to be served as part of the Federal Child
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 — Filed 05/20/22. += Page 8 of 34

Nutrition Program. But this was not true. Bank records show that little or none of
the money paid to Empire Enterprises was used to purchase food or meals. Instead,
FARAH used Empire Enterprises and its bank accounts to launder and
misappropriate Federal Child Nutrition Program funds. He also used the company to
kick back misappropriated Federal Child Nutrition Program funds to Individual M.L.,
the CEO of ThinkTechAct, and others involved in the scheme.

23. Minnesota Secretary of State records show that FARAH formed Empire
Enterprises LLC on or about April 5, 2021. FARAH listed his home address in Savage,
Minnesota as the registered office address for Empire Enterprises.

24. On or about April 6, 2021—the day after he formed Empire
Enterprises—FARAH opened a bank account on behalf of his new company at Old
National Bank. FARAH deposited a $432,796 check from ThinkTechAct into the
account on the day he opened it. The memo line indicated that the check was for
“CACFP Food.” The check was dated April 3, 2021—two days before FARAH

registered Empire Enterprises LLC with the Minnesota Secretary of State.

TC THINKTECHACT FOUNDATION
“OC 6152 KILLDEER DR
LINO LAKES MN $3014-$482

More CACFP Food Peg aa

04/06/2021 _ 432,796.00
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 9 of 34

25. Approximately two weeks later, on or about April 23, 2021, FARAH
wrote a check for $100,000 to MIB Holdings LLC. The memo line indicated that the
payment was for “consulting.”

DATE o4| 25] ZJ

Pay

Hj OLD NATIONAL BANK’

26. According to Minnesota Secretary of State records, MIB Holdings LLC
is a company owned by Individual M.I., the CEO of ThinkTechAct.

27. Over the course of the next five weeks, FARAH wrote two more checks
to Individual M.I.’s company, MIB Holdings LLC. The memo line on the checks

indicated that the payments were for “program consulting” and “program operations.”

Hi OLD NATIONAL BANK’

Ne!

h Si OLD NATIONAL BANK’ if
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 10 of 34

28. Inall, bank records show that FARAH paid approximately $538,829 to

Individual M.I.’s company out of the Empire Enterprises account.

Date Amount to MIB Holdings Memo Line

April 23, 2021 | $100,000 Consulting

May 11, 2021 | $172,329 Program Consulting
May 31, 2021 | $266,500 Program operations
Total $538,829

29. FARAH also paid approximately $915,300 to Individual M.L.’s company,
MIB Holdings LLC, out of the Empire Cuisine & Market accounts. All of these funds
came from the Federal Child Nutrition Program.

30. These funds were deposited into accounts held by MIB Holdings LLC at
Spire Federal Credit Union. Individual M.I. was the sole signatory on the accounts.
Individual M.I. appears to have used MIB Holdings LLC and its bank account to
launder and conceal misappropriated Federal Child Nutrition Program funds. Bank
records show that more than $1,454,000 in Federal Child Nutrition Program funds
were deposited into the accounts from Empire Cuisine & Market LLC and Empire
Enterprises LLC.

31. Individual M.I. also deposited $570,000 into the MIB Holdings LLC’s
account from Bushra Wholesalers LLC, an entity created by FARAH’s brother,

Individual S.F. The checks indicated that the payments were for “consulting.”

Date Memo Line Amount from Bushra
(approximate) Wholesalers to MIB
July 7, 2021 Consulting $189,000
August 9, 2021 Consulting $221,456
Program
Management

10
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 11 of 34

September 3, 2021 | Program
Mgmt/Consulting
Total $570,256

$159,800

32. But these payments, which occurred between July and September 2021,
appear to have been designed to launder misappropriated Federal Child Nutrition
Program funds received by ThinkTechAct and create the false impression that funds
were being used to purchase food. Specifically, bank records show that Individual MI.
had previously paid $1,392,322 in Federal Child Nutrition Program funds from
ThinkTechAct to Bushra Wholesalers LLC from between February and July 2021.

The memo line on the checks indicated that the payments were for food.

Date Memo line Amount from
(approximate) ThinkTechAct to
Bushra Wholesalers

February 16, 2021 | Food storage $100,000
February 24, 2021 | Food $15,000
February 26, 2021 | Food $40,000
June 11, 2021 CACFP Food $212,061
June 18, 2021 CACFP Food $212,061
June 22, 2021 CACFP Food $289,750
June 25, 2021 CACFP Food $228,950
July 27, 2021 $294,500
Total $1,392,322

33. Bank records show that little or none of this money sent to MIB Holdings
LLC was used to purchase food or provide meals to underprivileged children. Instead,

Individual M.I. converted the money to his own personal use. For example, in 2021,
Individual M.I. sent $620,000 in Federal Child Nutrition Program funds from MIB

Holdings LLC to a custom home builder in Columbus, Ohio.
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 12 of 34

34. Records obtained from the home builder show that Individual MI. made
these payments for the construction of a new home on an empty lot in Lewis Center,
Ohio. The total price of the project was approximately $936,000.

35. Individual MI. also sent approximately $30,000 from MIB
Holdings LLC to Coinbase.com, a cryptocurrency exchange, in May and June of 2021.

D. Empire Cuisine & Market Received approximately $2.5 million

in Federal Child Nutrition Program funds from a Company

Created by a Member of the Partners in Nutrition Board of
Directors

36. Bank records show that Empire Cuisine & Market received
approximately $2.5 million in Federal Child Nutrition Program funds from a
company called The Free Minded Institute. As explained below, The Free Minded
Institute was created and controlled by Individual J.S., who is a member of the board
of directors of Partners in Quality Care, d/b/a Partners in Nutrition, the entity that
sponsored Empire Cuisine & Market’s participation in the Federal Child Nutrition
Program.

37. Minnesota Secretary of State records show that Individual J.S. created
The Free Minded Institute on or about July 29, 2021.

38. MDE records show that Individual J.S. is a member of the board of
directors of Partners in Quality Care, d/b/a Partners in Nutrition. Individual J.S. also
works as an employee of Partners in Nutrition in a “Site Support” position.

39. In or about October 2021, Individual J.S. opened a bank account on
behalf of The Free Minded Institute. The address listed on the account is a single-

family home located on the 600 block of Iglehart Avenue in St. Paul, Minnesota.

12
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 13 of 34

Individual J.S.’s grandmother lives in the home. On or about May 18, 2022, federal
agents spoke with Individual J.S.’s grandmother. She said that Individual J.S.
receives mail at the residence but that he does not live there. She said that she had
never heard of The Free Minded Institute.

40. Approximately two months after being formed, The Free Minded
Institute began receiving Federal Child Nutrition Program funds from Partners in
Nutrition. Bank records show that The Free Minded Institute received approximately
$2,496,989 in Federal Child Nutrition Program funds from Partners in Nutrition
between approximately October 2021 and January 2022. All of the money deposited
into The Free Minded Institute’s bank account was Federal Child Nutrition Program
funds from Partners in Nutrition.

41. Bank records show that The Free Minded Institute sent almost all of the
Federal Child Nutrition Program funds it received from Partners in Nutrition to
Empire Cuisine & Market or its owner, FARAH. For example, on or about
November 12, 2021, Individual J.S. wrote a $595,000 check from The Free Minded
Institute to Empire Cuisine for “October Food Service.” Similarly, on or about
January 14, 2022, Individual J.S. wrote a check for $850,000 from The Free Minded
Institute to Empire Cuisine & Market for “Dec. Catering.”

42. In all, bank records show that Empire Cuisine & Market and FARAH
received approximately $2,428,030 from The Free Minded Institute between

October 2021 and January 2022. This represented more than 97 percent of the

13
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 14 of 34

Federal Child Nutrition Program funds that The Free Minded Institute received from

Partners in Nutrition.

43. For his part, Individual J.S. withdrew approximately $13,400 in cash
from The Free Minded Institute’s account between November 2021 and
February 2022. He also spent approximately $3,500 on restaurants and meals, more
than $900 on GoPuff.com, an online food and alcohol delivery company, and more
than $1,000 at liquor stores.

44. FARAH and his companies, in turn, sent money to Individual J.S. On or
about July 31, 2021—just two days after registering The Free Minded Institute with
the Minnesota Secretary of State—Individual J.S. received a $1,000 check from
Empire Cuisine & Market. The memo line on the check indicated that the payment
was for “program consulting.” Approximately two weeks later, on or about August 13,
2021, Individual J.S. received an additional $10,000 in “Associate Fees” from Empire
Enterprises LLC.

45. On or about November 2, 2021, the manager of Empire Cuisine &
Market, Individual A.N., sent an email with the subject line “FMI October Invoice” to
the executive director of Partners in Nutrition. Individual J.S. was copied on the
email. Attached to the email was an invoice from The Free Minded Institute to
Partners in Nutrition dated November 10, 2021. The invoice claimed that The Free
Minded Institute was entitled to approximately $679,507 in Federal Child Nutrition
Program funds from Partners in Nutrition for having provided more than 150,000

meals at seven federal child nutrition program sites.

14
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 _~— Filed 05/20/22 +=Page 15 of 34

The Free Minded Institute

Submitted on 11/02/202

Invoice for Invoice #

Partners in Quality Care 20227021

Project Due date

Description

Betel Afan Oromo
Cedar Cultura’
Sharrock Court

La Cruz

Marshal isismic Center
Somat Athietic Club

Sunrise Mobile

Subtotal $679,507.00
Adjustments $0.00

$679,507.00

46. Approximately one minute after that November 2, 2021 email was sent,
Individual A.N. sent an email with the subject line “Empire October Invoice” to
Individual J.S. Attached to the email was an invoice from Empire Cuisine & Market
to The Free Minded Institute dated November 10, 2021. The invoice claimed that The
Free Minded Institute owed Empire Cuisine & Market approximately $642,733 for

providing those same 150,000 meals at federal child nutrition program sites.

15
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 16 of 34

Empire Causine & Market

Submitted on 11/02/2021

Invoice for Invoice #
The Free Minded Institute 8022023

Project Due date
CACFP 11/10/2021

Description Qty Unitprice Total price
Betel Afan Oromo 46,859 $4.02 $188,373.18
Cedar Cultural 30,186 $4.02 $121,347 72
Shamrock Court 6,908 $4.02 35,810.16
La Cruz 29,713 $4.02 $119,446 26
Marshall Islamic Center 12,929 $4.02 $51,974.58
Somali Athletic Club 16,169 $4.02 $64,999.38

Sunnse Mobile 15,120 $4.02 $60,782.40

Subtotal $642,733.68
Adjustments $0.00

$642,733.68

47. This represented approximately 5 percent less than the invoice that
The Free Minded Institute submitted to Partners in Nutrition, suggesting that
Individual J.S. was going to be keeping approximately 5 percent of the Federal Child

Nutrition Programs received from Partners in Nutrition.

16
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 17 of 34

E. FARAH and his Companies Received more than $30 Million in
Federal Child Nutrition Program Funds

48. In all, bank records show that FARAH’s companies received more than
$32 million in Federal Child Nutrition Program funds between approximately
May 2020 and January 2022. This included more than $15 million in payments from
ThinkTechAct as well as nearly $13 million in payments from Partners in Quality
Care and Feeding Our Future. Federal Child Nutrition Program funds represented
more than 90 percent of the total deposits into the companies’ bank accounts.

49. A review of these accounts shows that most of this money was not used
to buy food or other items related to participation in the Federal Child Nutrition
Program. Instead, the most significant withdrawals from the Empire Cuisine &
Market bank accounts were to limited liability companies controlled by Empire
Cuisine & Market owners. This money was then used to purchase real estate,
vehicles, and to send money abroad.

F. FARAH Used Fraudulently Obtained and Misappropriated
Federal Child Nutrition Program Funds to Purchase Real Estate

50. Bank records show that FARAH used millions of dollars in Federal Child
Nutrition Program funds to purchase houses and other real estate.

1. FARAH Used $575,000 in Federal Child Nutrition Program
Funds to Purchase a Home in Savage, Minnesota

51. FARAH used Federal Child Nutrition Programs funds from the Empire
Enterprises LLC account to purchase a_ single-family home located at

15418 Hampshire Lane in Savage, Minnesota.
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 18 of 34

52. FARAH currently resides at 15418 Hampshire Lane as of January 2022.

53. Bank records show that on or about April 15, 2021, FARAH transferred
$575,000 from the Empire Enterprises LLC account at Old National Bank to
Trademark Title Services. The wire transfer documents indicated that the funds were
for the purchase of 15418 Hampshire Lane, Savage, Minnesota.

54. All of the funds used to purchase 15418 Hampshire Lane were derived
from Federal Child Nutrition Program funds. After being received from the
sponsoring entity, the funds were transferred to one or more other companies in an
effort to launder and conceal the source of the funds.

Z, FARAH Purchased Two Lots on Prior Lake for More than
$1 Million

55. FARAH purchased two lakefront lots on Prior Lake for more than $1
million using misappropriated Federal Child Nutrition Program funds.
56. FARAH purchased these lots with a $1,041,992 check from

Empire Enterprises LLC. The check, dated July 7, 2021, was payable to Trademark

18
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1_— Filed 05/20/22 +=Page 19 of 34

Title Services. The addresses “5594 & 5604 Candy Cove Trail SE, Prior Lake, MN”

were handwritten on the check.

i OLD NATIONAL BANK’ 1943086
EMPIRE ENTERPRISES July 7, 2024
Ono Million Forty One Thousand Nine Hundred Eighty Six Dollars and Eight on Dt LP

57. A review of bank records shows that all of the money used to obtain this
cashier’s check was derived from fraudulently obtained Federal Child Nutrition
Program funds received by ThinkTechAct Foundation or Empire Enterprises LLC.

58. This check was used to purchase two lakefront lots on Prior Lake. These
lots are located in an upscale residential neighborhood on Prior Lake. According to
Minnesota Department of Revenue records, Empire Enterprises LLC purchased
these lots on or about July 26, 2021, for $1.1 million in cash.

3. FARAH Sent $1.5 Million in Federal Child Nutrition
Program Funds to a Custom Home Builder

59. In 2021, FARAH paid $1.5 million to a company that specializes in
custom home building and remodeling in the south and southwestern metro area.
According to records obtained pursuant to grand jury subpoena, the money was to be
used to build an 8,000-square foot custom home for FARAH on the two lakefront lots
he purchased on Prior Lake. The building plans refer to the project as “The Farah

Residence” and indicate that FARAH is the homeowner. According to records

1g
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 20 of 34

obtained from the builder, the Farah Residence was projected to cost approximately

$2.5 million.

60. Bank records show that FARAH used Federal Child Nutrition Program
funds to pay the custom home builder, including:
a. a $500,000 check from the Empire Cuisine & Market LLC account
at Old National Bank on or about March 19, 2021;
b. a $150,000 check for “project construction” from the
Empire Cuisine & Market LLC account at Old National Bank on or about July 8,

2021; and

20
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 21 of 34

c. a $250,000 check for “construction” from the Old National Bank

account on or about May 15, 2021.
4. In October 2021 FARAH Purchased a Townhouse in

Burnsville, Minnesota, for $335,000 in Federal Child
Nutrition Program Funds

61. Inor about October 2021, FARAH purchased a townhouse in Burnsville,
Minnesota, using Federal Child Nutrition Program funds. The townhouse was located
at 438 Stonewood Lane, Burnsville, Minnesota.

62. FARAH signed a purchase agreement to buy 438 Stonewood Lane on or
about September 26, 2021. The purchase price was $335,000. Empire Enterprises
LLC was listed as the buyer. FARAH signed the purchase documents as the “Chief
Manager” of Empire Enterprises LLC.

63. Bank records show that on or about October 12, 2021, FARAH wired
approximately $334,632 from an account held by Empire Enterprises LLC at
JP Morgan Chase to Trademark Title Services. This money funded the purchase of
438 Stonewood Lane. Bank records show that the money in the account was traceable
to Federal Child Nutrition Program funds.

5. FARAH Sent $1 Million to a Kentucky LLC for use in
Purchasing Real Estate in Louisville, Kentucky

64. FARAH also sent approximately $1 million from Empire Cuisine &
Market to BBI LLC, a Kentucky limited liability company, in 2021. The money was
used to purchase real estate in Louisville, Kentucky.

65. Kentucky Secretary of State records show that BBI LLC was created on

or about March 22, 2021. Approximately ten days later, on or about April 2, 2021,

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CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 22 of 34

FARAH wrote a check for $345,500 from Empire Cuisine & Market to BBI LLC. Over
the next several months, FARAH wrote several more checks to BBI LLC. In all,
FARAH sent approximately $1,032,687 to BBI LLC—approximately $996,000 from
Empire Cuisine & Market and another $35,000 from a personal account. Bank
records show that essentially all of the money in the BBI LLC were Federal Child
Nutrition Program funds from FARAH.!

66. BBI LLC used money it had received from FARAH to purchase real
estate in Louisville, Kentucky. In May 2021, BBI LLC purchased a commercial
building located at 3847 Cane Run Road in Louisville, Kentucky, for approximately

$208,091.

67. In October 2021, BBI LLC used money it received from FARAH to
purchase an old church located at 6200 South 3rd Street in Louisville, Kentucky.

According to closing records, BBI LLC paid approximately $10,000 earnest money

1 Another entity involved in the scheme, Bushra Wholesalers, also sent approximately
$56,332 to BBI LLC. As discussed above, Bushra Wholesalers was a company created by
FARAH’s brother to obtain, launder, and misappropriate Federal Child Nutrition Program
funds obtained by ThinkTechAct and FARAH’s companies.

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and signed over to the closing attorney four checks totaling approximately $436,293
it had received from FARAH. The property was titled to “Masjid Bilal Islamic Center

Inc.” and is encumbered by a promissory note payable to BBI LLC.

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G. FARAH Purchased Five Cars Using Federal Child Nutrition
Program Funds in 2021

68. The investigation has revealed that FARAH purchased at least five cars

in 2021 using funds derived from the Federal Child Nutrition Program.

i FARAH purchased a 2021 Jeep Wrangler in May 2021
69. On or about May 15, 2021, FARAH purchased a 2021 Jeep Wrangler

Unlimited for approximately $79,000. FARAH purchased the car using a $79,389
check from an account held by Empire Cuisine & Market LLC.

70. A review of bank records show that Federal Child Nutrition Program
funds were used to purchase this jeep.

2. FARAH purchased a 2021 Porsche Macan in August 2021

71. In August 2021, FARAH traded in his Jeep Wrangler for credit towards
the purchase of a 2021 Porsche Macan SUV. Records obtained from the car dealership
show that FARAH purchased the Porsche Macan for approximately $79,000. FARAH
received a $63,000 trade-in allowance for the Jeep Wrangler. He funded the balance
of the purchase price with a $29,095 check from an Empire Cuisine & Market account.

72. Minnesota Department of Motor Vehicle records show that FARAH is
the registered owner of the 2021 Porsche Macan.

73. |Ayreview of bank records show that the funds FARAH used to purchase
both the Jeep Wrangler and the Porsche Macan were traceable to Federal Child

Nutrition Program funds.

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3. FARAH Purchased a 2021 GMC Sierra Pickup Truck in
August 2021

74. In August 2021, FARAH purchased a 2021 GMC Sierra pickup truck
using $65,000 in Federal Child Nutrition Program funds. FARAH purchased the
GMC Sierra pickup truck using a $65,005 check from Empire Cuisine & Market LLC.

75. According to Minnesota Department of Motor Vehicle records, the
GMC Sierra is registered to Empire Cuisine & Market.

76. Again, bank records show that the money used to purchase this truck
was derived from the Federal Child Nutrition Program.

4, FARAH purchased a 2021 Nissan Murano SUV in
October 2021

77. In October 2021, FARAH purchased a 2021 Nissan Murano luxury SUV
using Federal Child Nutrition Program funds.

78. Specifically, bank records show that on or about October 30, 2021,
FARAH wrote a $47,019 check from an Empire Cuisine & Market account at
JP Morgan Chase to the Luther Nissan Kia dealership in Inver Grove Heights,
Minnesota. The check was used to purchase a 2021 Nissan Murano SUV.

79. Minnesota Department of Motor Vehicle records show that the vehicle
is registered to Empire Cuisine & Market LLC. FARAH’s name is also listed on the
vehicle’s title.

5. FARAH Purchased a 2022 Tesla Model Y Sedan in
December 2021

80. FARAH also purchased a 2022 Tesla Model Y sedan for approximately

$80,000 in December 2021.

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81. Bank records show that FARAH paid for the Tesla via a $80,753 debit
card transaction through his personal bank account at JP Morgan Chase. A review of
bank records show that the funds in this account prior to this debit card transaction
were traceable to Federal Child Nutrition Program funds.

H. The Government Seized More than $6 Million in Fraud Proceeds
from FARAH on January 20, 2022

82. In January 2022, federal agents obtained federal seizure warrants to
seize the funds in accounts held by FARAH and his entities, Empire Cuisine &
Market LLC and Empire Enterprises LLC, on the grounds that the funds were
proceeds of the scheme to fraudulently obtain, launder, and misappropriate
Federal Child Nutrition Program funds. Federal agents executed these warrants on

January 20, 2022. In all, agents seized approximately $6,172,242 from these

accounts.

Bank Account Holder Amount Seized
(approximate)

JP Morgan Chase | Empire Cuisine & Market LLC $4,000,422

JP Morgan Chase | Empire Enterprises LLC $1,286,805

JP Morgan Chase | ABDIAZIZ SHAFII FARAH $460,319

US Bank Empire Cuisine & Market LLC $424,695

Total $6,172,241

83. FARAH was the sole signatory on each of these accounts.

L Federal Agents Seized Four Vehicles and More than $65,000 in
Cash from FARAH’s Residence in January 2022

84. Federal agents also executed a search warrant at FARAH’s home in
Savage, Minnesota, on January 20, 2022. During the search, agents found parked at

the residence four of the vehicles that FARAH had purchased using Federal Child

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CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 27 of 34

Nutrition Program funds—the 2021 Porsche Macan, the 2021 Nissan Murano, the
2021 GMC Sierra, and the 2022 Tesla Model Y. Federal agents seized each of these
vehicles.

85. In the course of seizing the 2021 GMC Sierra pickup truck, agents
conducted an inventory search of the truck. During the inventory search, agents
found FARAH’s U.S. passport and an envelope containing approximately $18,000 in

cash in the center console of the vehicle

86. Agents also found a laptop bag in the rear passenger seat of the vehicle.

There was approximately $42,500 in cash inside of the laptop bag.

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J. FARAH Sent More than $1.5 Million in Federal Child Nutrition
Program Funds to Kenya and China in 2021

87. During the search of FARAH’s residence, agents recovered receipts for
more than $800,000 in international wire transfers from entities controlled by
FARAH to entities in China. Bank records show that all of the money sent to China

was traceable to Federal Child Nutrition Program funds.

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Date Source of Wire Beneficiary Amount |
Location
February 18, Empire Cuisine & | Qingdao Safco Tire Co., Ltd $131,632
2021 Market LLC Qingdao, China
March 1, 2021 Empire Cuisine & | Prinx Chengshan (Shandon) $80,000
Market LLC Tire Co., Ltd.

Rongchen City, China
March 31, 2021 | Empire Cuisine & | Prinx Chengshan (Shandon) $189,787

Market LLC Tire Co., Ltd.
Rongchen City, China
May 6, 2021 Empire Prinx Chengshan (Shandon) $197,789

Enterprises LLC Tire Co., Ltd.
Rongchen City, China
May 14, 2021 Empire Junan Lishun Arts and $227,582
Enterprises LLC Craft Co. Ltd.
Shandong, China
Total $826,790

88. FARAH was listed as the authorized signer for each of these
international wire transfers.

89. Bank records show that FARAH made additional wire transfers to
China that were unrelated to food purchases. On or around March 12, 2021, $216,728
was wired from the Empire Cuisine & Market LLC account at Old National Bank to
Jiangxi Enda Linen Co. Ltd. in Jiangxi, China. On or about March 23, 2021, FARAH
wired $197,872 from Empire Cuisine & Market LLC to Bright Element Limited in
Hong Kong to “purchase diesel engines.”

90. Agents also recovered records of international wire transfers from
entities controlled by FARAH to Nairobi, Kenya. The first receipt showed that on or
about May 11, 2021, FARAH transferred $300,000 from an account held by Empire
Enterprises LLC to Capital View Properties LLC in Nairobi, Kenya. The wire receipt

listed FARAH as the authorized signer on the account.

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CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 30 of 34

91. Agents also recovered a June 1, 2021, receipt documenting a $206,428
wire transfer from Empire Enterprise LLC account at Old National Bank to Capital
View Properties LLC in Nairobi, Kenya. Again, the wire receipt listed FARAH as the
authorized signer on the account.

92. Bank records show that FARAH wired an additional $204,795 from
Empire Enterprises to Capital View Properties in Nairobi, Kenya, on or about May 4,
2021.

93. In all, bank records show that FARAH wired more than $700,000 from

Empire Enterprises to Nairobi, Kenya, in 2021.

Date Source of Wire | Beneficiary Amount
(approximate)

May 4, 2021 | Empire Capital View Properties | $204,795
Enterprises LLC | Nairobi, Kenya

May 11, 2021 | Empire Capital View Properties | $300,000
Enterprises LLC | Nairobi, Kenya

June 1, 2021 | Empire Capital View Properties | $206,428
Enterprises LLC | Nairobi, Kenya

Total $711,223

94. In addition to these transfers, FARAH told Individual M.I. that he has
invested $6 million in Kenya over the past three years. During the search of FARAH’s
residence, agents recovered his cell phone. A search of his cell phone shows that
FARAH exchanged messages with Individual M.I. over the WhatsApp messaging

app. In a message sent on or about December 28, 2021, FARAH told Individual M.1I.

that he had invested $6 million in Kenya over the past three years.

30
CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 + Page 31 of 34

Abdiaziz Farah

Bro we can wailahi and | got this. Nothing hinders me except death. | invested 6M in
kenya with in 3 years and it's growing bro

() & 12/28/2021 1:06:18 PM(UTC-6)

K. FARAH made False Statements on his Application for a New
U.S. Passport

95. The current investigation became public on January 20, 2022, when
federal agents executed search warrants at more than 20 locations around the
Twin Cities, including FARAH’s home in Savage and the office of Empire Cuisine &
Restaurant in Shakopee.

96. During the execution of the search warrant on FARAH’S residence in
Savage, federal agents seized FARAH’s U.S. passport card. At the conclusion of the
search, agents provided FARAH with a receipt detailing the property seized from his
residence. This inventory list specified that agents had seized “US Passport Card
Abdiaziz S. Farah XXXX2274.”

97. As noted above, agents also seized a truck belonging to FARAH on
January 20, 2022. During an inventory of the truck’s contents, agents found FARAH’s
U.S. passport book.

98. In the wake of the search warrants, the press has regularly covered the
scheme to fraudulently obtain Federal Child Nutrition Program funds. This press
coverage has included FARAH’s role in the scheme. According to an article published

on February 3, 2022, FARAH founded and ran a charter school in Burnsville,

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Minnesota.? Individual M.I., the owner of ThinkTechAct Foundation, previously
served on the charter school’s board of directors. The article reported that FARAH
took a leave of absence effective January 21, 2022, the day after his role in the scheme
became public.

99. On or about March 22, 2022, FARAH applied for a new U.S. Passport.
He submitted his application to the Minneapolis Passport Agency in Minneapolis,
Minnesota. According to his application, FARAH was born in Mogadishu, Somalia
and became a naturalized U.S. citizen in 2012.

100. FARAH’s application indicated that he had previously been issued both
a U.S. passport book and a U.S. passport card. FARAH indicated on the application
that his most recent U.S. passport card had been lost.

101. FARAH also submitted a Statement Regarding a Lost or Stolen U.S.
Passport Book and/or Card, known as Form DS-64, as part of his U.S. passport
application. On the Form DS-64, FARAH falsely represented that he had lost his U.S.
passport. FARAH explained that he “could not find anywhere in my house or car.” In
the box asking him to “[e]xplain where the loss or theft occurred,” FARAH said
“unknown.” Similarly, in the box asking when the passport was lost or stolen, FARAH

stated “unknown.”

2 https://sahanjournal.com/education/feeding-our-future-abdiaziz-farah-mahad-
ibrahim/ (last accessed May 20, 2022).

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CASE 0:22-cr-00124-NEB-DTS Doc. 2-1 Filed 05/20/22 Page 33 of 34

Explain in detail how your valid U.S. passport book/card was lost or stolen. Include a photocopy of the valid passport book/card if available.
I could not find anywhere in my house or car.

Explain where the loss or theft occurred. Provide the address, if known (City and State, ifin the U.S., or City and Country as it is presently known)
UNKNOWN

On what date was your valid U-S. passport book/card lost or stolen (mm-dd-yyyy)? If unknown, when was the last time you remember it being in your possession?
UNKNOWN

102. FARAH signed the Form DS-64 under penalty of perjury.

|, the undersigned, declare under penalty of perjury all of the following: 1) that | have read and understand the warning on page one of this form; 2)
the information provided herein is correct and complete; 3) | have not given my U.S. passport book and/or Passport card to another person or disposed
of it in an unauthorized manner, 4) | understand that the U.S. passporl(s) | report as missing will be invalidated and cannot be used; and 5) if |
subsequently find and recover it, | will immediately return the passport book and/or Passport card to Passport Services at the address on page one of

this form or to the nearest U.S. passport agency, U.S. e or U.S. consulate if abroad, and | will not attempt to use it.
Applicant's L nature - 6 or older Date (mm/dd/yyyy)

103. Based on FARAH’s application, the U.S. Department of State issued

FARAH a new U.S. passport on March 22, 2022.

104. On or about March 16 2022, FARAH booked a one-way flight from
Minneapolis-St. Paul International Airport to Nairobi, Kenya (via Newark
International Airport and John F. Kennedy International Airport). The flight was
scheduled to depart on March 24, 2022. FARAH did not board the flight.

105. On or about May 19, 2022, federal agents conducted surveillance at
FARAH’s store, Empire Cuisine & Market. At approximately 11:00 a.m. on May 19,
2022, agents observed FARAH enter the store. At approximately 12:15 p.m., agents
observed an unidentified man enter the store. The man appeared to be carrying a

stack of passports.

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II. CONCLUSION

106. Based on the facts set forth above, and based on my training, experience,
knowledge, and the aforementioned facts of this investigation, there is probable cause

to believe that ABDIAZIZ SHAFII FARAH has violated 18 U.S.C. § 1542 (false

statement in passport application).

Respectfully submitted,

FBI Special Agent" Travis Wilmer

SUBSCRIBED and SWORN before me by reliable
electronic means (FaceTime and email)
pursuant to Fed. R. Crim. P. 41(d)(8)

on May Oat May 20, 2022

The Honorable Jon T. Huseby
United States Magistrate Judge

34


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