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Home Source documents Court filing — United States v. Bock et al. (Feeding Our Future) (Dkt. 486, D. Minn.)

Court filing — United States v. Bock et al. (Feeding Our Future) (Dkt. 486, D. Minn.)

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      CASE 0:22-cr-00223-NEB-DTS         Doc. 486     Filed 01/24/25    Page 1 of 22




                         UNITED STATES DISTRICT COURT
                            DISTRICT OF MINNESOTA


 UNITED STATES OF AMERICA,                          Case No. 22‐CR‐223 (NEB/DTS)

                      Plaintiff,

 v.                                              ORDER ON MOTIONS IN LIMINE

 AIMEE MARIE BOCK (1), SALIM
 AHMED SAID (3), ABDULKADIR NUR
 SALAH (4), AND ABDI NUR SALAH (6),

                      Defendants.


       Defendants are charged in the indictment with wire fraud, federal programs

bribery, money laundering, and conspiracy to commit those crimes. (ECF No. 1.) Trial is

set to begin on February 3, 2025. (ECF Nos. 317, 359.) The government filed ten motions

in limine, (ECF Nos. 410–418, 434), to which Defendants Abdulkadir Salah and Bock

objected. (ECF Nos. 450, 455–56.) Defendants filed twenty motions in limine. (ECF Nos.

407, 423–433, 441–448.) Salim Said moved to join ten of those motions. (ECF Nos. 458–

466.) The Court held a pretrial conference on January 16, 2025, at which the parties argued

the motions. (ECF No. 479.) With this Order, the Court supplements and clarifies its

rulings made during the hearing.
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      I.       Government’s Motions in Limine1

      A.       ECF No. 410 – Attorney‐Client Privilege Waiver

            The indictment alleges that Bock sued the Minnesota Department of Education

(“MDE”) after MDE began pressing Bock for clarification regarding MDE’s concerns

about meal counts and oversight of sponsored meal sites. (See ECF No. 1 ¶ 34.) Bock

brought this suit through her attorney Rhyddid Watkins. (See ECF No. 410 at 1; ECF No.

474 at 3, (restricted document.)) Because Watkins appears on Bock’s witness list, the

government asks the Court for a ruling that Bock waives her attorney‐client privilege if

she calls Watkins as a witness. Bock “considers it unlikely that she will call Feeding Our

Future’s former attorney.” (ECF No. 456 at 2.2) She reiterated that point at the pretrial

conference. And if she does, “any testimony she would elicit would be factual in nature,

not legal advice.” (Id.) The Court declines to rule on the motion because it is not ripe for

decision.

      B.       ECF No. 411 – Advice‐of‐Counsel and Mistake‐of‐Law Defenses

            The government moves to preclude Defendants from using two defenses: advice‐

of‐counsel and mistake‐of‐law. As the government recognizes, no Defendant has

indicated an intent to use an advice‐of‐counsel defense. (ECF No. 411 at 1; see also ECF




1Aimee Bock joins Abdulkadir Salah’s opposition to the government’s motions in limine.
(ECF No. 455 at 1.)

2   Page numbers reflect CM/ECF pagination unless otherwise noted.


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No. 450 at 2.) And under the traditional rule, mistake‐of‐law is not a valid defense. Bryan

v. United States, 524 U.S. 184, 195 (1998). To the extent that the government’s motion

restates the law, the motion is granted.

         Abdulkadir Salah argues the government’s motion conflates a mistake‐of‐law

defense with a mistake‐of‐fact defense. (ECF No. 450 at 3–5.) “Given the complexity of

the [Federal Child Nutrition Program] regulations and waivers,” Salah “should be given

every right to argue that he made a mistake of fact regarding relevant program rules that

prevented him from forming any intent to defraud.” (Id. at 5.) At trial, Salah will be

allowed to make such an argument.

   C.       ECF No. 412 – Jury Nullification

         The government moves to preclude Defendants from using argument or evidence

designed to elicit jury nullification. Abdulkadir Salah recognizes this “uncontroversial

principle.” (ECF No. 450 at 5.) To the extent that the government’s motion restates the

law, the motion is granted.

         Salah, however, interprets the government’s motion as an attempt to “limit the

defense’s right to cross‐examine witnesses based on bias.” (ECF No. 450 at 8; see also id. at

7 (“Defendants have a broad Constitutional right to develop arguments of bias by

government witnesses.).)

         Exposing a witness’s motivation in testifying is a proper function of cross‐

examination. Delaware v. Van Arsdall, 475 U.S. 673, 678–79 (1986). “It does not follow, of



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course, that the Confrontation Clause of the Sixth Amendment prevents a trial judge from

imposing any limits on defense counselʹs inquiry into the potential bias of a prosecution

witness.” Id. at 679. The Court “may properly limit cross‐examination on inherently

speculative theories of bias, where the defendant is unable to lay a proper evidentiary

foundation.” United States v. Sanabria, 645 F.3d 505, 514 (1st Cir. 2011) (citations and

quotation marks omitted); United States v. Williams, 796 F.3d 951, 961 (8th Cir. 2015)

(relying on Sanabria and holding that the district court did not abuse its discretion in

limiting cross‐examination where defendant “had no good‐faith basis to believe that the

officers had planted a handgun”). The parties may raise objections at trial to individual

questions.

   D.        ECF No. 413 – Laying Proper Foundation

        The government moves “to preclude the defense from attempting to introduce

hearsay materials and, through government witnesses and in the presence of the jury,

defense exhibits that lack proper foundation and authentication.” (ECF No. 413 at 1.) If

establishing foundation for a given piece of evidence requires disclosure of its contents

to the jury, the Court will consider doing so outside the presence of the jury. See United

States v. Robinson, 110 F.3d 1320, 1326 (8th Cir. 1997) (concluding no plain error where

“the District Court conducted a hearing outside the presence of the jury . . . and

determined that this evidence was admissible.”). The Court denies the motion as




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premature, but cautions the parties to lay foundation in such a way that does not disclose

an exhibit’s contents to the jury.

   E.       ECF No. 414 – Adequacy of Government’s Investigation

         The government moves to preclude references to “investigative steps not taken”

by law enforcement. (ECF No. 414 at 1.) Abdulkadir Salah responds that such a motion

“would be contrary to Eighth Circuit precedent.” (ECF No. 450 at 10–11 (citing United

States v. Cox, 627 F.3d 1083, 1086 (8th Cir. 2010).)

         In Cox, the Eighth Circuit affirmed a felon‐in‐possession conviction. 627 F.3d at

1086. At trial, “defense counsel brought out the fact that neither the gun nor the gun case

was tested for fingerprints after being recovered from the stolen car.” Id. During

deliberations, the jury asked whether they could find the defendant not guilty based on

officers’ failure to obtain fingerprints. Id.

         The district courtʹs response properly directed the jury away from this line
         of reasoning—“There is no legal requirement that fingerprints be taken”—
         back to the proper focus of whether the charged offense had been proved
         beyond a reasonable doubt. At the same time, the court explained that the
         jury could consider the absence of fingerprint evidence as relevant to the
         reasonable‐doubt inquiry.

Id. The Court will take each objection as it comes, and retains discretion to limit

questioning based on lack of relevance.

   F.       ECF No. 415 – Lawful Behavior

         The government moves to exclude evidence of Defendants’ lawful behavior on

occasions not charged in the indictment, except in accord with Federal Rule of Evidence


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405(a). Abdulkadir Salah argues this motion is improper because it would prevent

Defendants “from introducing properly admissible evidence which may be critical to

their defenses.” (ECF No. 450 at 14.) For example, to rebut the allegation that the

businesses referenced in the indictment were “shell companies,” Defendants “may seek

to offer evidence that these alleged ‘shell companies’ were in fact legitimate businesses

that served and delivered, or supported the delivery of, food.” (Id. at 15.) The Court will

take each objection as it comes. The motion is denied as premature.

   G.      ECF No. 416 – Punishment and Sentencing

        The government moves to preclude references to Defendants’ “potential

punishment, penalty, sentence, or collateral consequence that [they] may face if convicted

at trial.” (ECF No. 416 at 1.) Such references are improper at trial. United States v. Thomas,

895 F.2d 1198, 1200 (8th Cir. 1990). The Court notes that the parties have already agreed

on a jury instruction following this law. (ECF No. 419 at 183.) The motion is granted.

   H.      ECF No. 417 – Selective Prosecution

        The government moves to preclude references to the government’s charging

decisions and any selective prosecution argument.

        In a selective prosecution claim, a defendant must show that “(1) people similarly

situated to him were not prosecuted; and (2) the decision to prosecute was motivated by

a discriminatory purpose.” United States v. Hirsch, 360 F.3d 860, 864 (8th Cir. 2004)

(citation omitted). That claim “must be raised before trial.” Fed. R. Crim. P.



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12(b)(3)(A)(iv). Otherwise, it is waived. United States v. Huber, 404 F.3d 1047, 1054 (8th

Cir. 2005). Unless properly raised in a pretrial motion, defense counsel will not be allowed

to argue that their client was singled out for prosecution.3 To the extent that the

government’s motion moves to preclude selective prosecution arguments at trial, the

motion is granted.4

       Abdulkadir Salah argues that such a motion “is at odds with the defendants’

fundamental right to present a complete defense.” (ECF No. 450 at 17.) As noted above,

inquiring into a witness’s motivation for testifying is proper. Van Arsdall, 475 U.S. at 678–

79. But the Court will not allow questioning that suggests “similarly situated” individuals

were not prosecuted and that “the decision to prosecute was motivated by a




3 Bock points the Court to United States v. Leathers, 354 F.3d 955 (8th Cir. 2004), for the
proposition that “it may be appropriate to allow testimony concerning the Government’s
charging decisions related to selective or vindictive prosecution.” (ECF No. 455 at 2.) But
in Leathers, the Eighth Circuit denied the defendant’s selective prosecution claim. See 354
F.3d at 963 (“Leathersʹs argument that others similarly situated have not been federally
prosecuted is factually incorrect.”). Leathers does not change the default rule that selective
prosecution claims must be raised pretrial. United States v. Schlegel, 668 F. Appʹx 187, 188
(8th Cir. 2016) (“Schlegel next raises a claim of selective prosecution—a claim that is
waived because it is meritless and was not raised before trial.” (citing Huber, 404 F.3d at
1054–55)).

4 Abdulkadir Salah argues the Court should deny the motion as moot, as the Court did
in United States v. Farah, 22‐124. (ECF No. 447.) But there, no defendant suggested he
might bring a selective prosecution claim. Bock has discussed selective prosecution,
without filing a formal motion, so the Court’s ruling is necessary.


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discriminatory purpose.” Hirsch, 360 F.3d at 864. Such questioning is improper under the

rule that selective prosecution claims must be asserted before trial.

    I.       ECF No. 418 – Witness Sequestration

          The government moves to sequester potential witnesses, except for FBI Special

Agent Jared Kary, FBI Special Agent Travis Wilmer, and FBI Forensic Accountant Pauline

Roase. Although Abdulkadir Salah “does not object to the normal custom in this District

of exempting one case agent from sequestration under [Federal Rule of Evidence]

615(a)(2),” he does argue that the government should not be allowed two additional

exemptions. (ECF No. 450 at 20.)

          If the government wants another person to be excluded from the sequestration

order, that person must fall under Federal Rule of Evidence 615(a)(3). Under Rule

615(a)(3), the government must show that the person is “essential to presenting the

party’s claim or defense.” The Court has “wide latitude” regarding sequestration orders.

United States v. Engelmann, 720 F.3d 1005, 1012 (8th Cir. 2013) (citation omitted). At the

pretrial conference, the Court was satisfied with the government’s argument for the

necessity of exempting the two agents and one forensic accountant from sequestration.

The motion is granted.5




5Per Abdulkadir Salah’s request, and under Rule 615(b), the Court will also “prohibit
disclosure of trial testimony to witnesses who are excluded from the courtroom” and
“prohibit excluded witnesses from accessing trial testimony.”


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    J.       ECF No. 434 – Witness Recall

          The government asks the Court to allow “witnesses to be recalled to facilitate the

presentation of evidence at trial.” (ECF No. 434 at 1.) The motion is premature; the Court

reserves ruling on the issue unless and until it becomes ripe at trial.

    II.      Defendants’ Motions in Limine6

    A.       ECF No. 407 – Failure to Report Income

          Abdi Salah moves to exclude evidence that, in his role as Senior Policy Advisor to

the Mayor of Minneapolis, he failed to disclose income to his employer. (ECF No. 407 at

1.) The government responds that this evidence is (1) intrinsic to the charged crimes and

(2) admissible prior bad act evidence. (ECF No. 452 at 1.) As a preliminary ruling, the

Court agrees with the government that a failure to report income may be intrinsic to the

crime charged. See United States v. Ryan, 213 F.3d 347, 350–51 (7th Cir. 2000) (finding no

abuse of discretion where district court allowed evidence of failure to report income as

“circumstantial evidence of intent to defraud” (citation omitted)). The motion is denied.




6 Salim Said moves to join Abdulkadir Salah’s motions in limine. (ECF Nos. 458–466.) The
first two motions, (ECF Nos. 458 and 459), are denied. Those two motions are wholly
individualized to evidence relating to Abdulkadir Salah. Said’s remaining motions (ECF
Nos. 460–466) are granted. The Court treats Abdulkadir Salah’s motions are raised both
by him and by Salim Said.


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Abdi Salah may bring an objection at trial so the Court can consider the evidence with

more specificity and context.

   B.      ECF No. 423 – Alleged Gang Affiliation

        Abdulkadir Salah moves to preclude the government from introducing evidence

that suggests he is affiliated with a gang. The government responds that “it likely will not

seek to introduce this evidence at trial.” (ECF No. 452 at 4.) The Court grants the motion

on a preliminary basis. At this point, the Court has not seen the evidence in dispute, nor

has the Court heard from the government about its admissibility. The Court reserves

judgment on admissibility unless and until the issue becomes ripe at trial.

   C.      ECF No. 424 – Immigration and Tax Records

        Abdulkadir Salah moves to preclude the government from introducing certain

immigration and tax records.

        According to the government, the immigration record at issue is an Executive

Office for Immigration Review (“EOIR”) form on which Salah stated his income from

Safari Restaurant was $0 per week. (ECF No. 452 at 6–7.) The government contends that

this misrepresentation “is intrinsic” to the overall alleged scheme. (Id. at 7.) The tax

records are 1099 forms that the government purports include “bogus” Tax Identification

Numbers (“TINs”). (Id. at 8–9.) The government contends the forms will show that an




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entity affiliated with Salah included these “bogus” TINs “to frustrate IRS efforts to

investigate the flow of funds—in short, to help conceal fraud proceeds.” (Id. at 9.)

        In response, Salah notes the complexity of the immigration form, and that the form

was completed by an attorney, not Salah. On the tax records, he argues that the

government is unable to show any purposeful misstatement. Those are colorable

arguments that go to weight, not admissibility. The motion is denied. If the government

decides to admit the immigration and tax forms at trial, the Court will limit testimony

appropriately under Federal Rule of Evidence 403, so as to avoid a mini‐trial on each

record.

   D.      ECF No. 425 – Leading Questions and Lay Testimony

        In this motion, Abdulkadir Salah makes two requests. First, he asks the Court to

preclude the government from “asking leading questions of its witnesses on direct

examination.” (ECF No. 425 at 1.) The Court will take objections as they come. The motion

is premature.

        Second, Salah asks the Court to prevent improper lay testimony. (Id.) He notes

examples from the Farah trial where government witnesses were asked if certain

quantities of foods were “a lot.” (Id. at 2–3.) In response, the government anticipates

calling witnesses who have worked in restaurants and operated food programs. It

contends that these potential witnesses “can provide their lay opinions as to whether the

number of meals defendants claimed were prepared in and/or served from the kitchens



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of small restaurants . . . seem high given the timeframe of such claims.” (ECF No. 452 at

12.) As a preliminary observation, the Court notes that lay opinion testimony “is

admissible if the witness has ‘personal knowledge’ or ‘perceptions based on industry

experience.’” Jain v. CVS Pharm., Inc., 779 F.3d 753, 758 (8th Cir. 2015) (citation omitted).

Lay opinion testimony based on food service industry experience may be admissible. The

Court, however, will reserve ruling on the issue until trial.

   E.      ECF No. 426 – Exclusion of Certain Words

        Abdulkadir Salah asks the Court to restrict use of the words “victims, “fraud”,

“scams,” and “any other legally conclusory terms in the trial proceedings in this case.”

(ECF No. 426 at 1.) The government has two responses. First, it notes that using the word

“victim” in trial is not prejudicial. (ECF No. 452 at 14.) Second, it contends that “a

witness’s informal use of a term that may also be legal in character does not inexorably

turn that testimony into improper ‘legal conclusion’ evidence.” (Id. at 15.)

        Words like “fraud” and “scam” are not inherently inadmissible. United States v.

Locke, 643 F.3d 235, 242 (7th Cir. 2011) (“[E]ach witness explained why the loan in question

would have been disapproved by using ‘fraud’ or ‘misrepresentation’ in a colloquial

sense, employing the vernacular of their financial professions.”); see also United States v.

Washburn, 444 F.3d 1007, 1013 (8th Cir. 2006) (no plain error where jury instruction

included word “victim”). This issue is best addressed during trial with specific objections.




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Accordingly, the Court denies the motion with leave to assert appropriate objections

during trial.

   F.      ECF No. 427 – Expert and Lay Testimony

        Abdulkadir Salah asks the Court to preclude improper expert testimony and

improper lay testimony. The motion focuses on FBI Supervisory Forensic Accountant

Mark Danielson. Salah raises a concern that Danielson might offer improper dual‐role

testimony (ECF No. 427 at 1, 3.)

        The government responds that Danielson will testify to “the concepts underlying

money laundering,” and that he will not “be called upon to apply those concepts to any

particular transactions.” (ECF No. 452 at 17.) And the government states it will not call

Danielson to testify about his involvement in the investigation of this case. (Id.) To the

extent that Salah’s motion seeks to exclude Danielson from offering dual‐role testimony,

the motion is denied as moot based on the government’s representations.

        Next, Salah moves to preclude Danielson from offering expert testimony. Again,

based on the government’s representations, the motion is denied. Should the

government’s use of Danielson change, the Court will take each objection as it comes.

Finally, Salah argues that expert testimony is not necessary to “aid the trier of fact in

understanding the basic banking transactions (e.g., deposits, withdrawals, etc.) at issue




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in this case.” (ECF No. 427 at 4–5.) Should the government seek to present Danielson as

an expert, Salah may object at that time.

   G.       ECF No. 428 – Voir Dire

         Abdulkadir Salah makes two requests regarding voir dire: (1) attorney voir dire

and (2) questions about potential jurors’ implicit and explicit biases. The motion is denied

as moot. During the pretrial conference the Court explained how it will conduct voir dire.

   H.       ECF No. 429 – Authenticating Video Evidence

         Abdulkadir Salah asks for clarification regarding the requirements to lay

foundation for the admissibility of video recordings “even if the precise date of the video

is not established.” (ECF No. 429 at 1.) The government notes that the only video on

Salah’s exhibit list is law enforcement video surveillance. Given that the Eighth Circuit

uses a flexible and non‐exhaustive list of factors to authenticate videos, United States v.

Kimble, 54 F.4th 538, 547 (8th Cir. 2022) (citing United States v. McMillan, 508 F.2d 101 (8th

Cir. 1974)), the Court cannot provide Salah a rigid rule on the admissibility of video

recording evidence. The motion is denied as premature. Should Salah seek to admit a

video recording at trial, the Court will then rule on admissibility.

   I.       ECF No. 430 – Peremptory Strikes

         Abdulkadir Salah asks for eighteen peremptory strikes to be allocated among the

four Defendants. The government responds that ten strikes—the Local Rules’ default

number—is appropriate. In the seven‐defendant Farah trial, the Court allowed the



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government ten strikes and the defendants eighteen strikes. For this four‐defendant trial,

the government will have eight peremptory strikes; the Defendants will have fourteen.

   J.        ECF No. 431 – Evidence of Other Conspiracies

         Abdulkadir Salah requests an order precluding the government from introducing

evidence of “other conspiracies not charged in the indictment.” (ECF No. 431 at 1.) The

motion is denied. First, Salah is alleged to have been a part of a single conspiracy that

includes co‐conspirators not charged in this particular indictment. United States v. Longs,

613 F.3d 1174, 1176 (8th Cir. 2010) (“A single conspiracy may exist even if the participants

and their activities change over time, and even if many participants are unaware of, or

uninvolved in, some of the transactions.” (citation omitted)). Evidence pertaining to other

co‐conspirators not charged in this indictment is not per se inadmissible against Salah.

Second, the parties have proposed a “Separate Crime” jury instruction, (ECF No. 419 at

181), which can guard against any “spillover” effect. Cf. United States v. Sanchez, 789 F.3d

827, 836 (8th Cir. 2015) (affirming conviction where “the district court gave the jury the

Eighth Circuit Model Jury Instruction on single versus multiple conspiracies, which

‘provided strong protection against prejudice from any spillover evidence.’” (citation

omitted)).

   K.        ECF No. 432 – Co‐conspirator Hearsay

         Abdulkadir Salah requests an order “excluding and restricting improper co‐

conspirator hearsay.” (ECF No. 432 at 1.) In the Eighth Circuit, the admission of co‐



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conspirator statements is governed by United States v. Bell, 573 F.2d 1040, 1044 (8th Cir.

1978.) Salah, however, argues that “the Court should consider not following the Bell

conditional‐admission procedure for any alleged co‐conspirator statement that does not

involve a co‐conspirator whose conduct is clearly within the scope of this Indictment’s

language.” (ECF No 432 at 3.)

        The Court finds no reason to depart from the Bell procedure. Salah’s proposed

alternative would be unmanageable. The motion is denied.

   L.      ECF No. 433 – Admissibility of Email to MDE

        Abdulkadir Salah moves to exclude “hearsay emails that are inadmissible both

under the [Federal] Rules of Evidence and the Confrontation Clause.” (ECF No. 433 at 1.)

The dispute is over Exhibit A‐70, an email sent to MDE employees with the subject line

“open your eyes.” (ECF No. 451.)

        As to the objection brought under the Federal Rules of Evidence, the email may be

admissible for its effect on the listener, but the Court will reserve ruling until trial.

        As to the Confrontation Clause objection, the Sixth Amendment limitation applies

“only to statements that are testimonial.” United States v. White, 962 F.3d 1052, 1055 (8th

Cir. 2020). To be testimonial, the statement must be given “with the primary purpose of

creating an out‐of‐court substitute for trial testimony.” Ohio v. Clark, 576 U.S. 237, 250–51

(2015) (citation and quotation marks omitted). Exhibit A‐70 is an email from an

unidentified sender to the Minnesota Department of Education in which the sender



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complains about Aimee Bock: “aimee is the fraud that steals our money. she doesnt pay

us.” (sic.) The email is not testimonial. Though the email was sent to a state agency, there

is no evidence that the email was sent “to establish or prove past events potentially

relevant to later criminal prosecution.” Davis v. Washington, 547 U.S. 813, 822 (2006).

   M.      ECF No. 441 – Exclusion of Four Categories of Evidence

        Aimee Bock moves to exclude evidence relating to four specific categories of

information: (1) Handy Helpers and Empress Watson, Jr.; (2) a policies and procedures

manual for afterschool programs created by School Age Consultants; (3) unrelated sites

or vendors; and (4) Feeding Our Future’s administrative fee. Bock’s arguments go to

weight, not admissibility. In addition, even if some of this evidence was not referenced

in the indictment, “[i]n a charge of conspiracy, the government is not limited to proof of

the overt acts charged in the indictment” United States v. Coleman, 349 F.3d 1077, 1088 (8th

Cir. 2003) (citation omitted). The motion is denied.

   N.      ECF No. 442 – Federal Programs Bribery

        Bock moves to exclude evidence relating to the federal programs bribery charges.

By doing so, she appears to relitigate her argument under Snyder v. United States, 603 U.S.

1 (2024), that she made earlier in this case. That is, she contends that the indictment is

“fatally flawed” because it fails to allege the essential elements of federal programs

bribery. (ECF No. 442 at 1.) That argument has been rejected twice‐over: First by United

States Magistrate Judge David T. Schultz in his Report and Recommendation (“R&R”)



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(ECF No. 355), and then by this Court in its adoption of the R&R. (ECF No. 402 at 20 (“The

Court concludes that, even post‐Snyder, the indictment survives a motion to dismiss.”).)

The motion is denied.

   O.      ECF No. 443 – False Assurances

        Bock moves to exclude evidence suggesting that she made “false assurances” to

MDE. (ECF No. 443 at 3–4.) The substance of her motion, however, seems to be that the

government is intentionally withholding discovery. (Id. at 2–3.) The Court is satisfied

with the government’s response: “More than two years ago, the government disclosed

the existence of, and made available to all defendants, the data about which Bock now

complains.” (ECF No. 452 at 34.) The motion is denied.

   P.      ECF No. 444 – Possible Conflation of Defendants

        Bock requests the Court preclude the government from “intentionally conflating

the defendants, from equating Bock with Feeding Our Future, and from arguing that the

actions of others are relevant to Bock’s guilt or innocence.” (ECF No. 444 at 1.) The

government responds in two ways. First, it notes that, given the alleged conspiracy, “any

acts committed or statements made in furtherance of the conspiracy are admissible as to

all other members of the conspiracy.” (ECF No. 452 at 35 (citing Fed. R. Evid.

801(d)(2)(E)).) Second, it contends that “the appropriate and more administrable

approach” is to use a “Separate Crime” jury instruction to which the parties have agreed.




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(Id. at 36; see ECF No. 419 at 181.) The Court denies the motion with leave to assert

appropriate objections during trial.

   Q.      ECF No. 445 – Hadith Ahmed

        Bock moves to preclude Hadith Yusuf Ahmed from testifying. Additionally, she

argues that the government has “failed to produce material impeachment evidence.”

(ECF No. 445 at 1.) The Court sees no evidence that the government has withheld

discovery. The remainder of Bock’s argument goes to Ahmed’s reliability as a witness.

The motion is denied. Should the government call Ahmed as a witness, Bock is free to

probe Ahmed’s credibility through cross‐examination.

   R.      ECF No. 446 – Administrative Process

        Bock moves to preclude the government from introducing any evidence that

Feeding Our Future’s administrative process “was in any way deficient, inadequate, or

otherwise noncompliant” with federal and state regulations. (ECF No. 446 at 1.) She

contends that a July 2021 letter from MDE noted that Feeding Our Future’s corrective

action plan “fully and permanently” addressed MDE’s concerns, which presumably

cleared her from any wrongdoing. (Id. at 4.) The government responds that “MDE is not

an arbiter of criminal liability.” (ECF No. 452 at 39.) Bock is free to build a trial argument

based upon the July 2021 MDE letter. But the Court will not exclude all other potentially




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inculpatory evidence about Feeding Our Future’s administrative processes based on that

letter alone. The motion is denied.

    S.         ECF No. 447 – Expert Testimony on Food Preparation

           Bock moves to preclude the government from offering “any undisclosed expert

opinions” about food preparation and distribution. (ECF No. 447 at 1–2.) She argues that

testimony about those topics “are matters of expert opinion and beyond the common

experience of lay people.” (Id. at 2.) The government disagrees and argues that Federal

Rule of Evidence 701 allows lay witness testimony about “whether the number of meals

defendants claimed were prepared in and/or served from the kitchens of small

restaurants across the state . . . seem high given the timeframe.” (ECF No. 452 at 40.) As

noted above, lay opinion testimony is admissible if the witness has “perceptions based

on industry experience.” Jain, 779 F.3d at 758. The Court will reserve ruling on the issue

until trial.

    T.         ECF No. 448 – Evidence of Personal Spending

           Bock moves to preclude evidence “about any trips, expenses, or spending of

others.” (ECF No. 448 at 1.) Evidence of personal or lavish spending is admissible to show

motive. See United States v. Mitchell, 31 F.3d 628, 631 (8th Cir. 1994). The motion is denied.

    III.       Motion for Reconsideration of Request for Continuance (ECF No. 437)

           On January 10, 2025, Bock moved the Court to reconsider its December 27, 2024

Order denying her request for a 30‐day continuance. (ECF No. 437.) Again, the Court



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concludes that Bock has not exercised sufficient diligence to warrant a continuance. See

United States v. Farlee, 757 F.3d 810, 821 (8th Cir. 2014) (affirming denial of motion to

continue where defendant “had ten months to prepare for the trial”). That Bock has a

large amount of discovery to review is not “a sudden exigency or unforeseen

circumstance” warranting a continuance. United States v. Robinson, 662 F.3d 1028, 1032

(8th Cir. 2011). The motion is denied.

                                     CONCLUSION

      Based on the foregoing and on all the files, records, and proceedings herein, IT IS

HEREBY ORDERED THAT:

      1.     The government’s Motions in Limine (ECF Nos. 410–418, 434) are

             GRANTED IN PART AND DENIED IN PART, and DEFERRED, as

             described herein;

      2.     Defendant Salim Said’s Motions for Joinder (ECF Nos. 458–466) are

             GRANTED IN PART AND DENIED IN PART, as discussed herein;

      3.     Defendants’ Motions in Limine (ECF Nos. 407, 423–433, 441–448) are

             GRANTED IN PART, DENIED IN PART, DENIED AS MOOT IN PART,

             and DEFERRED, as described herein; and




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      4.     Bock’s Motion for Reconsideration (ECF No. 437) is DENIED.




Dated: January 24, 2025                      BY THE COURT:

                                             s/Nancy E. Brasel
                                             Nancy E. Brasel
                                             United States District Judge




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