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Home Source documents Court filing — United States v. Bock et al. (Feeding Our Future) (Dkt. 515, D. Minn.)

Court filing — United States v. Bock et al. (Feeding Our Future) (Dkt. 515, D. Minn.)

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     CASE 0:22-cr-00223-NEB-DTS        Doc. 515    Filed 02/19/25   Page 1 of 9




                      UNITED STATES DISTRICT COURT
                          DISTRICT OF MINNESOTA
                      Criminal No. 22-223(10) (NEB/DTS)

 UNITED STATES OF AMERICA,               )
                                         )
                    Plaintiff,           )
                                         )      FILED UNDER SEAL
       v.                                )
                                         )
 ABDINASIR ABSHIR,                       )      GOVERNMENT’S MOTION TO
                                         )      REVOKE PRETRIAL RELEASE
                    Defendant.           )
                                         )

      The United States of America, by and through its attorneys, Lisa D.

Kirkpatrick, Acting United States Attorney for the District of Minnesota, and Joseph

H. Thompson, Harry M. Jacobs, Matthew S. Ebert, and Daniel W. Bobier, Assistant

United States Attorneys, hereby moves to revoke defendant’s pretrial release,

pursuant to 18 U.S.C. §§ 3142 and 3148, for violation of the Court’s Order Setting

Conditions of Release dated September 20, 2022. Dkt. #67. Pursuant to 18 U.S.C.

§ 3148(b), the United States respectfully requests that the Court revoke defendant’s

pretrial release and issue an arrest warrant.

I.    BACKGROUND

      A.     Defendant’s Fraud Scheme

      Defendant Abdinasir Abshir and his co-defendants orchestrated and carried

out a scheme that defrauded the Federal Child Nutrition Program, a government aid

program designed to provide free meals to children in need. The defendants exploited

the Covid-19 pandemic to obtain, misappropriate, and launder tens of millions of

dollars in program funds that were intended as reimbursements for the cost of serving
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meals and food to children. In all, the defendants fraudulently misappropriated more

than $45 million in Federal Child Nutrition Program funds.

      As part of their scheme, the defendants created dozens of Federal Child

Nutrition Program sites throughout the State of Minnesota, which operated under

the sponsorship of Feeding Our Future. The defendants collectively claimed to be

serving meals to thousands of children each day throughout the State of Minnesota,

for which they fraudulently claimed and received millions of dollars in Federal Child

Nutrition Program funds.

      In April 2020, during the early days of the Covid-19 pandemic, the Safari

Restaurant, a small restaurant on Lake Street in Minneapolis, opened a Federal

Child Nutrition Program site under the sponsorship of Feeding Our Future. By July

2020, Safari Restaurant claimed to be serving meals to 5,000 children a day, seven

days a week. Eventually, Safari Restaurant claimed to be serving 6,000 children a

day. In all, the defendants claimed to have served more than 3.9 million meals to

children at the Safari Restaurant site between April 2020 and November 2021.

      Safari Restaurant also operated as a vendor purporting to deliver food and

meals to Federal Child Nutrition Program sites created by co-conspirators

throughout the state of Minnesota, including at a site known as ASA Limited in

St. Paul. In September 2020, just three weeks after the company was registered with

the Secretary of State, the defendants claimed that the ASA Limited site served

breakfast and lunch to 3,000 children a day, seven days a week. Based on these false

claims, the co-conspirators received approximately $5 million in Federal Child


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Nutrition Program reimbursements for meals purportedly served at the ASA Limited

site.

        Across all the different sites, the defendants claimed that Safari Restaurant

provided more than 2.2 million meals to other Federal Child Nutrition Program sites

involved in the scheme. In all, Safari Restaurant received more than $16 million in

Federal Child Nutrition Program funds in 2020 and 2021. The owners of Safari

Restaurant—defendants Salim Said and Abdulkadir Salah—sent much of this money

to their co-conspirators via shell companies created and used to receive and launder

the proceeds of the fraudulent scheme.

        By October 2020, MDE became concerned about the drastic increase in meal

claims by sites under the sponsorship of Feeding Our Future. Due to these concerns,

MDE announced that the Federal Child Nutrition Program no longer allowed

restaurants and other for-profit companies to enroll as sites. MDE explained that

restaurants would only be allowed to participate as meal vendors providing food.

MDE further announced that any restaurants enrolled as distribution sites would be

closed as of October 31, 2020.

        Shortly after MDE disallowed for-profit restaurants, the defendants obtained

a non-profit entity, Stigma Free International, for use in carrying out the fraud. They

immediately used their new non-profit to open a number of new Federal Child

Nutrition Program sites. Other co-conspirators created additional shell companies to

serve as for-profit meal vendor companies purporting to provide the meals to be

served to children at these sites. Together, the defendants claimed to be serving meals


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to tens of thousands of children each day throughout the state of Minnesota, for which

they fraudulently claimed and received millions of dollars in Federal Child Nutrition

Program funds.

             1.    The Stigma-Free Willmar Site

      Two co-defendants, Ahmed Artan and Abdikadir Mohamud, opened a site

under the sponsorship of Feeding Our Future in October 2020 called Stigma-Free

Willmar. The site operated out of a small storefront restaurant in downtown Willmar

called FaaFan and claimed to serve meals to up to 3,000 children a day, seven days a

week. Another co-defendant, Abdikadir Mohamud, created a shell company called

Tunyar Trading that purported to be a meal vendor providing meals to be served at

the Stigma-Free Willmar site. Between November 2020 to November 2021, these co-

conspirators falsely claimed to have served approximately 1.6 million meals at the

Stigma-Free Willmar site. The co-conspirators received more than $5 million in

Federal Child Nutrition Program funds based on these claims.

             2.    The Stigma-Free Mankato Site

      Two other defendants, brothers Abdinasir Abshir and Asad Abshir, opened

another site in October 2020 called Stigma Free Mankato. The site purported to serve

meals to 3,000 children a day, seven days a week out of a small restaurant in North

Mankato called J’s Sambusa. The Abshirs created a shell company called Horseed

Management that purported to serve as a meal vendor providing meals to be served

at the site. Between November 2020 to November 2021, the Abshirs and their co-

conspirators claimed to have served more than 1.6 million meals at the Stigma-Free

Mankato site. Based on these claims, they received approximately $5 million in
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Federal Child Nutrition Program funds. Abdinasir Abshir then transferred millions

of dollars from Horseed Management to himself and other co-conspirators, including

Said.

        B.    The Indictment

        On September 13, 2022, a grand jury returned a 61-count indictment charging

14 defendants—Aimee Bock, Abdikerm Eidleh, Salim Said, Abdulkadir Salah,

Ahmed Omar-Hashim, Abdi Salah, Abdihakim Ahmed, Ahmed Artan, Abdikadir

Mohamud, Abdinasir Abshir, Asad Mohamed Abshir, Hamdi Omar, Ahmed Ghedi,

and Abdirahman Ahmed—with a number of crimes, including: conspiracy to commit

wire fraud, in violation of 18 U.S.C. §§ 371 and 1343; wire fraud, in violation of 18

U.S.C. § 1343; conspiracy to commit federal programs bribery, in violation of 18

U.S.C. §§ 371 and 666; federal programs bribery, in violation of 18 U.S.C. § 666;

conspiracy to commit concealment money laundering, in violation of 18 U.S.C.

§ 1956(a) and (h); and money laundering, in violation of 18 U.S.C. § 1957.

        C.    Defendant Abshir’s Attempt to Intimidate a Cooperating
              Defendant

        On February 10, 2025, trial commenced against defendants Aimee Bock and

Salim Said. Abdinasir Abshir and other defendants were scheduled to be tried at a

later date.

        On February 18, 2025, the government presented testimony from Postal

Inspector John Western. During the morning session, Inspector Western testified

about the Stigma Free Willmar site. Just prior to the lunch break, the government

explained that Inspector Western would testify about the Stigma Free Mankato site

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after lunch. The Stigma Free Mankato site was run by defendant Abdinasir Abshir.

The government informed defense counsel that Inspector Western’s testimony would

likely last another hour, after which the government planned to call a cooperating

defendant.1

      After the lunch break, defendant Abdinasir Abshir and another man entered

the courtroom loudly. Based on the timing of Abshir’s arrival in court, it appeared as

though someone informed him of the testimony related to his fraudulent food site.

Although the gallery was not crowded, they sat in the front row on the far side of the

courtroom closest to the jury box. After sitting down, Abshir and the other man were

disruptive and making noise. At one point, a court security officer appeared to ask

one of the men to leave. Both men then left the courtroom.

      During the afternoon break, the attorney representing the cooperating

defendant informed the government that one of the two men—later determined to be

Abshir—had approached his client in the hallway. The cooperating defendant was

sitting on the bench outside the courtroom waiting to testify. Abshir approached the

cooperating defendant. The cooperating defendant recognized Abshir from his prior

interactions in the course of the fraud scheme, but could not recall his name. The

cooperating defendant assumed—incorrectly—that Abshir was also waiting to testify

as a trial witness. The cooperating defendant told Abshir that he was testifying.

Abshir then asked the cooperating defendant to step into the bathroom with him so




1      The government had previously informed defense counsel of the name of the
cooperating defendant scheduled to testify.
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they could talk. The cooperating defendant said that he felt intimidated and

understood that Abshir was trying to intimidate him. The cooperating defendant

declined to enter the bathroom and returned to the witness room with his lawyer.

Later that day, the cooperating defendant confirmed that a photograph of Abshir

pictured the man who had approached him and tried to intimidate him.

      According to the cooperating defendant’s attorney, after this interaction,

Abshir and his associate sat at the far end of the hallway staring at the cooperating

defendant and his lawyer as they sat outside the courtroom. At least one of them

appeared to be vaping.

II.   ABSHIR’S BOND SHOULD BE REVOKED

      Under 18 U.S.C. § 3148, a person who has been released pursuant to 18 U.S.C.

§ 3142, and who has violated a condition of his release, is subject to a revocation of

release and order of detention. 18 U.S.C. § 3148(a). The Court may issue a warrant

for the arrest of a defendant charged with violating a condition of release. Id.

      The Court “shall enter an order of revocation and detention if, after a hearing,

the judicial officer finds . . .” either “probable cause to believe that the person has

committed a Federal, State, or local crime while on release”; or “clear and convincing

evidence that the person has violated any other condition of release”; and either:

      (1)   “. . . there is no condition or combination of conditions of release
      that will assure the person will not flee or pose a danger to the safety of
      any other person or the community;” or

      (2)    “the person is unlikely to abide by any condition or combination
      of conditions of release.”




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18 U.S.C. § 3148. Furthermore, if there is probable cause that the defendant

committed a felony offense, “a rebuttable presumption arises that no condition or

combination of conditions will assure that the person will not pose a danger to the

safety of any other person or the community.” Id.

      Based on the information detailed above, there is probable cause to believe

Abshir has committed another felony offense while on release by attempting to

intimidate a government witness and cooperating inside of the courthouse shortly

before his testimony was scheduled to begin. In doing so, Abshir also violated the

conditions of his release, which expressly ordered that he “avoid all contact, directly

or indirectly, with any person who is or may be a victim or witness in the investigation

or prosecution, including co-defendants/co-conspirators under this and all related

cases.” Dkt. #67 ¶7(g).

      Based on Abshir’s attempt to tamper with and intimidate a government

witness, there are no conditions of release that will secure the safety of the

community if he is allowed to remain on release. See 18 U.S.C. § 3148(b)(2)(A). Abshir

has also demonstrated that he is unlikely to abide by any condition or combination of

conditions of release that this Court could fashion. See 18 U.S.C. § 3148(b)(2)(B).

Abshir attempted to intimidate a government witness and cooperating defendant

inside of the federal courthouse—mere feet from the sitting federal judge as she

presided over the trial of his co-defendants. Abshir’s conduct shows a disregard for

the Court’s Order setting terms of pretrial release, and a likelihood that, unless he is




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detained through trial, he will continue to pose a threat of the integrity of the current

proceedings.

III.   CONCLUSION

       For the foregoing reasons, the government respectfully requests that the Court

revoke defendant’s pretrial release and issue a warrant for his arrest.



Dated: February 19, 2025
                                                 Respectfully submitted,

                                                 LISA D. KIRKPATRICK
                                                 Acting United States Attorney


                                           BY:    /s/ Joseph H. Thompson
                                                 JOSEPH H. THOMPSON
                                                 HARRY M. JACOBS
                                                 MATTHEW S. EBERT
                                                 DANIEL W. BOBIER
                                                 Assistant U.S. Attorneys




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