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Home Source documents Court filing — United States v. Farah (Dkt. 355, D. Minn.)

Court filing — United States v. Farah (Dkt. 355, D. Minn.)

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        CASE 0:22-cr-00124-NEB-TNL Doc. 355 Filed 03/14/24 Page 1 of 5




                         UNITED STATES DISTRICT COURT
                            DISTRICT OF MINNESOTA
                           NO. 22-CR-00124(5) (NEB-TNL)


UNITED STATES OF AMERICA,

                     Plaintiff,
       v.                                        NOTICE OF MOTION AND MOTION
                                                   FOR ORDER TO SHOW CAUSE
SAID SHAFII FARAH,

                     Defendant.


TO:    THE HONORABLE NANCY E. BRASEL, JUDGE OF UNITED STATES
       DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, AND ALL
       PARTIES AND THEIR COUNSEL OF RECORD.

       AFRO PRODUCE LLC, 2554 COMO AVENUE, UNIT 3, ST. PAUL, MN
       55108

       COMMISSIONER WILLIE JETT, MINNESOTA DEPARTMENT OF
       EDUCATION, 400 NE STINSON BOULEVARD, MINNEAPOLIS, MN 55413

                                  NOTICE OF MOTION

       PLEASE TAKE NOTICE that on March 22, 2024 at 10:00 a.m., or as soon

thereafter as counsel may be heard, counsel for Defendant Said Farah will bring a motion

before the Honorable Nancy E. Brasel, Judge of United States District Court for the District

of Minnesota, 300 South Fourth Street, Courtroom 13W, Minneapolis, MN, 55415 for an

Order to Show Cause as to why the Minnesota Department of Education and Afro Produce

LLC should not be held in contempt of court for failing to produce subpoenaed documents

in accordance with Fed. R. Crim. P. 17(c).
          CASE 0:22-cr-00124-NEB-TNL Doc. 355 Filed 03/14/24 Page 2 of 5




        Defendant Said Farah’s Motion is based upon all of the files, records, and

proceedings herein, as well as the arguments of counsel and the supporting declaration and

exhibits filed and served herewith.


                                                 MOTION

        Pursuant to Fed. R. Crim. P. 42, Defendant Said Farah, by and through his

undersigned counsel, hereby moves the Court for an Order that Afro Produce and the

Minnesota Department of Education appear and show cause for why they should not be

held in contempt of court for failure to produce subpoenaed documents in accordance with

Fed. R. Crim. P. 17(c). Defendant Said Farah seeks this relief on the following grounds:

        1. On September 13, 2022, a federal grand jury returned a 43-count Superseding

            Indictment against Said Farah and seven co-defendants,1 charging defendants

            with participating in a $40 million scheme to defraud a collection of programs it

            refers to as the Federal Child Nutrition Program. (ECF No. 57.) Among other

            things, the indictment alleges that this group of defendants fraudulently

            misappropriated program funds by creating dozens of shell companies to enroll

            in the Program as Federal Child Nutrition sites and falsely claiming to serve

            meals to thousands of children a day from April 2020 to January 2022. (Id.) Mr.

            Farah is alleged to have created a “shell company” called Bushra Wholesalers

            that “was used to receive and launder more than $4.5 million in Federal Child



1
 Co-defendants, listed in the following order, include Abdiaziz Shafii Farah, Mohamed Jama Ismail Mukhtar
Sharif, Mahad Ibrahim, Abdimajid Mohamed Nur, Abdiwahab Maalim Aftin, and Hayat Mohamed Nur.



                                                       2
 CASE 0:22-cr-00124-NEB-TNL Doc. 355 Filed 03/14/24 Page 3 of 5




   Nutrition Program funds . . . .” (Id.) He is thus charged with counts of Wire Fraud

   Conspiracy (Count 1), Wire Fraud (Count 12), Conspiracy to Commit Federal

   Programs Bribery (Count 13), Federal Programs Bribery (Counts 16, 18, and

   19), Conspiracy to Commit Money Laundering (Count 20), and Money

   Laundering (Counts 21 and 40). (Id.)

2. On or about February 5, 2024 the undersigned prepared a subpoena duces tecum,

   pursuant to Fed. R. Crim. P. 17(c), addressed to Afro Produce, requesting, inter

   alia, the return of documentation or data concerning the purchase of goods or

   services by Bushra Wholesalers from Afro Produce between January 1, 2020

   and January 31, 2022. The subpoena instructed Afro Produce to produce the

   documents in the United States District Court for the District of Minnesota,

   before the Honorable Tony N. Leung, in Courtroom 9W, U.S. Courthouse, 300

   South Fourth Street, Minneapolis, MN 55415 on February 29, 2024 at 10:00 a.m.

   Alternatively, the subpoena informed Afro Produce that the documents could be

   transmitted to the undersigned electronically via email. A copy of the Subpoena

   to Afro Produce is attached as Exhibit A to the Declaration of Clayton J. Carlson

   in Support of Motion for Order to Show Cause (“Carlson Declaration”).

3. On or about February 7, 8, and 9, a process server attempted unsuccessfully to

   serve the above-referenced subpoena on Afro Produce at its registered office

   address at 2620 Bloomington Ave. S. #1, Minneapolis, MN 55407. On February

   15, 2024, a process server successfully accomplished service at an alternative

   address for Afro Produce: 2554 Como Avenue, St. Paul, MN 55108. A copy of


                                      3
 CASE 0:22-cr-00124-NEB-TNL Doc. 355 Filed 03/14/24 Page 4 of 5




   the affidavits of service and attempted service are attached as Exhibit B to the

   Carlson Declaration.

4. On or about February 5, 2024, the undersigned also prepared a subpoena duces

   tecum, pursuant to Fed. R. Crim. P. 17(c), addressed to Willie Jett,

   Commissioner of the Minnesota Department of Education. Among other things,

   the subpoena requested the return of documentation or data concerning Bushra

   Wholesalers’ participation in the Child Adult Care Food Program and the

   Summer Food Services Program between January 1, 2020 and January 31, 2022.

   The subpoena instructed Commissioner Jett to produce the documents in the

   United States District Court for the District of Minnesota, before the Honorable

   Tony N. Leung, in Courtroom 9W, U.S. Courthouse, 300 South Fourth Street,

   Minneapolis, MN 55415 on February 29, 2024 at 10:00 a.m. Alternatively, the

   subpoena notified Commissioner Jett that the documents could be transmitted to

   the undersigned electronically via email. A Copy of the Subpoena to

   Commissioner Jett is attached as Exhibit C to the Carlson Declaration.

5. On or about February 6, 2024, a process server successfully accomplished

   service of this subpoena upon Daron Korte, Assistant Commissioner of the

   Minnesota Department of Education, at 400 Northeast Stinson Boulevard,

   Minneapolis, MN 55413. A copy of the affidavit of service is attached as Exhibit

   D to the Carlson Declaration.

6. To date, counsel has not received documents from either Afro Produce or the

   Minnesota Department of Education in response to the subpoenas. Counsel has


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        CASE 0:22-cr-00124-NEB-TNL Doc. 355 Filed 03/14/24 Page 5 of 5




          likewise not had or received any communications from either Afro Produce or

          the Minnesota Department of Education regarding either subpoena.

       7. Said Farah hereby respectfully requests that the Court issue an Order requiring

          Afro Produce and the Minnesota Department of Education to appear and show

          cause for why they should not be held in contempt of court for failure to produce

          the subpoenaed documents in accordance with Fed. R. Crim. P. 17(c).

       This motion is based upon the Superseding Indictment, all of the records and files

in the above-captioned matter, and any and all other maters which may be presented prior

to or at the time of the hearing of this motion, which is hereby requested.

                                       MASLON LLP

Dated: March 14, 2024                  By: s/ Clayton J. Carlson
                                           Steven L. Schleicher (#0260587)
                                           Clayton J. Carlson (#0401182)
                                       3300 Wells Fargo Center
                                       90 South Seventh Street
                                       Minneapolis, MN 55402-4140
                                       Telephone: (612) 672-8200
                                       Facsimile: (612) 642-8354
                                       Email: steve.schleicher@maslon.com
                                                clayton.carson@maslon.com

                                       ATTORNEYS FOR DEFENDANT SAID
                                       SHAFII FARAH




                                             5


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