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Home Source documents Court filing — United States v. Farah (Dkt. 430, D. Minn.)

Court filing — United States v. Farah (Dkt. 430, D. Minn.)

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       CASE 0:22-cr-00124-NEB-TNL Doc. 430 Filed 04/02/24 Page 1 of 29




                         UNITED STATES DISTRICT COURT
                            DISTRICT OF MINNESOTA
                           Criminal No. 22-124 (NEB/TNL)

UNITED STATES OF AMERICA,                     )
                                              )
                    Plaintiff,                )
                                              )
      v.                                      )   GOVERNMENT’S TRIAL BRIEF
                                              )
ABDIAZIZ SHAFII FARAH,                        )
MOHAMED JAMA ISMAIL,                          )
MAHAD IBRAHIM,                                )
ABDIMAJID MOHAMED NUR,                        )
SAID SHAFII FARAH,                            )
ABDIWAHAB MAALIM AFTIN,                       )
MUKHTAR MOHAMED SHARIFF, and                  )
HAYAT MOHAMED NUR,                            )
                                              )
           Defendants.                        )


      The United States of America, by and through its attorneys, Andrew M. Luger,

United States Attorney for the District of Minnesota, Joseph H. Thompson, Harry M.

Jacobs, Matthew S. Ebert, Chelsea A. Walcker, and Daniel W. Bobier, Assistant

United States Attorneys, respectfully submits the following trial brief in this matter.

I.    OVERVIEW

      On September 13, 2022, a grand jury returned a 43-count superseding

indictment charging eight defendants—Abdiaziz Shafii Farah, Mohamed Jama

Ismail, Mahad Ibrahim, Abdimajid Mohamed Nur, Said Shafii Farah, Abdiwahab

Maalim Aftin, Mukhtar Mohamed Shariff, and Hayat Mohamed Nur—with a number

of crimes, including: one count of conspiracy to commit wire fraud, in violation of 18

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

one count of conspiracy to commit federal programs bribery, in violation of 18 U.S.C.

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

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

§ 1956(a) and (h); twenty-two counts of money laundering, in violation of 18 U.S.C.

§ 1957; and one count of false statement in a passport application, in violation of 18

U.S.C. § 1542.

      The indictment alleges that the 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

meals and food to children. In all, the defendants fraudulently misappropriated more

than $40 million in Federal Child Nutrition Program funds.

II.   BACKGROUND

      A.     The Federal Child Nutrition Program

      The Federal Child Nutrition Program is a government program that ensures

children receive nutritious meals and snacks that adequately promote healthy

physical and education development. The program is run through the Food and

Nutrition Service, an agency of the United States Department of Agriculture

(“USDA”). That agency administers Federal Child Nutrition Programs, which

includes the Summer Food Service Program and Child and Adult Care Food Program

(together, the “Federal Child Nutrition Program”).

      The Summer Food Service Program (“SFSP”) is a federal program established

to ensure that children continue to receive nutritious meals when school is not in

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session. The Summer Food Service Program reimburses non-profit organizations and

other participating entities that serve free healthy meals and snacks to children and

teens in low-income areas. The Child and Adult Care Food Program (“CACFP”) is a

federal program that reimburses non-profit organizations and other participating

entities that serve healthy meals and snacks to children and adults at participating

childcare centers, daycare homes, and after-school programs.

      The Federal Child Nutrition Program operates throughout the United States.

The USDA’s Food and Nutrition Service administers the programs at the national

and regional levels by distributing federal funds to state governments, which provide

oversight for the Federal Child Nutrition Program. In Minnesota, the Minnesota

Department of Education (“MDE”) administers the Federal Child Nutrition Program.

      The Federal Child Nutrition Program operated through sponsors, which

oversaw the sites. Sponsors, like Feeding Our Future and Partners In Nutrition, are

responsible for monitoring the operation of the programs and submitting

reimbursement claims.

      Feeding Our Future and Partners In Nutrition were non-profit organizations

purportedly in the business of helping community partners participate in the Federal

Child Nutrition Program. Both were approved sponsors of the Federal Child

Nutrition Program, and prior to the onset of the Covid-19 pandemic, each operated

as a small non-profit that sponsored the participation of Minnesota daycares and

after school programs in the Federal Child Nutrition Program.




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         Meals funded by the Federal Child Nutrition Program in Minnesota are served

at “sites.” Each site participating in the Federal Child Nutrition Program must be

sponsored by an organization authorized to participate in the Federal Child Nutrition

Program. Sponsors are required to submit an application to MDE for each site.

Sponsors are responsible for monitoring each of their sites and preparing

reimbursement claims for their sites.

         Sponsors submit reimbursement claims to MDE on behalf of sites under their

sponsorship. The USDA provides federal reimbursement funds to MDE on a per-meal

basis. MDE provides the federal funds to the sponsoring agency, which in turn pays

the reimbursement funds to the sites under its sponsorship. The sponsoring agency

retains ten to fifteen percent of the funds as an administrative fee in exchange for

sponsoring the sites, submitting reimbursement claims, and disbursing the federal

funds.

         In exchange for sponsoring the sites’ fraudulent participation in the program,

sponsors received Federal Child Nutrition Program funds as administrative fees. In

2020 and 2021, Feeding Our Future and Partners In Nutrition received tens of

millions of dollars in Federal Child Nutrition Program funds in administrative fees.

Because the amount of administrative fees the sponsors received was based on the

amount of federal funds received by sites under its sponsorship, Feeding Our Future

and Partners In Nutrition received tens of millions of dollars in administrative fees

to which they were not entitled, due to its sponsorship and facilitation of fraudulent

sites participating in the program.



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      B.     The Covid-19 Waivers and Fraud

      The Covid-19 pandemic, including various stay-at-home orders and distance

learning, disrupted the operation of the Federal Child Nutrition Program. As a result,

the USDA issued waivers to the program requirements, allowing additional flexibility

for implementing the program and expanding the scope of the program. Following

the start of the Covid-19 pandemic and the resulting waivers, Feeding Our Future

and Partners In Nutrition sponsored an exponential number of new sites—more than

200 new Federal Child Nutrition Program sites.

      Historically, the Federal Child Nutrition Program provided meals to children

involved in education-based programs or activities. During the Covid-19 pandemic,

the USDA waived several of the standard requirements for participation in the

Federal Child Nutrition Program. Among other things, the USDA allowed for-profit

restaurants to participate in the program. It also allowed for food distribution to

children outside of educational programs. At the same time, the state government’s

stay-at-home order and telework policies made it more difficult to oversee the

program. These changes left the program vulnerable to fraud and abuse.

      Beginning in approximately April 2020—with the onset of the Covid-19

pandemic—Feeding Our Future and Partners In Nutrition dramatically increased

the number of sites under their sponsorship as well as the amount of Federal Child

Nutrition Program funds received by those sites.

      Feeding Our Future went from receiving and disbursing approximately $3.4

million in federal funds to sites under its sponsorship in 2019 to nearly $200 million



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in 2021. Partners In Nutrition went from receiving and disbursing approximately

$5.6 million in federal funds to sites under its sponsorship in 2019 to more than $200

million in 2021. In 2021, sites under the sponsorship of Partners In Nutrition claimed

to have served more than 80 million meals to children in Minnesota.

III.   THE DEFENDANTS’ SCHEME TO DEFRAUD THE FEDERAL CHILD NUTRITION
       PROGRAM

       A.    The Defendants and Their Roles

       Abdiaziz Farah and Mohamed Ismail owned and operated Empire Cuisine

& Market, a small storefront market located in a strip mall in Shakopee, Minnesota.

Shortly after forming their company in April 2020, they enrolled in the Federal Child

Nutrition Program. They opened multiple food distribution sites in and around

Shakopee under the sponsorship of Partners in Nutrition. At first, they claimed to be

serving meals to several hundred kids per day at their handful of food distribution

sites. But by 2021, they claimed, falsely, to be serving meals to thousands of kids at

a dozen or more sites around the state of Minnesota. They also claimed to be providing

food to be served at nearly 50 sites operated by their co-conspirators.

       Abdiaziz Farah and Mohamed Ismail claimed—fraudulently—that their small

storefront market served millions of meals to Minnesota kids in 2020 and 2021. Based

on these fraudulent claims, Empire Cuisine & Market received more than $30 million

in Federal Child Nutrition Program funds to which they were not entitled. After

laundering the money through a series of shell companies, they and their co-

conspirators used it to purchase cars and real estate, fund their lifestyle and foreign

travel, and invest abroad.



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         Mahad Ibrahim was the founder of ThinkTechAct and Mind Foundry, two

educational non-profits that purported to provide online STEM education. Mahad

Ibrahim worked with Abdiaziz Farah and other co-conspirators to open a large

number of food distribution sites in the name of his non-profit. Between

ThinkTechAct and Mind Foundry, the defendants created more than two dozen

Federal Child Nutrition Program sites through Minnesota, including in Minneapolis,

St. Paul, Bloomington, Burnsville, Faribault, Owatonna, Shakopee, Circle Pines, and

Willmar. These sites operated under the sponsorship of both Feeding Our Future and

Partners In Nutrition.

         At times, ThinkTechAct and Mind Foundry claimed to serve meals to more

than 25,000 children a day at their various sites. In total, from February 2021

through January 2022, ThinkTechAct received more than $18 million in federal funds

from Partners In Nutrition and another $3.7 million from Feeding Our Future. Most

of this money flowed through ThinkTechAct to Empire Cuisine & Market, from which

Mahad Ibrahim’s non-profits claimed to be purchasing food for distribution at their

sites.

         Said Farah and Abdiwahab Aftin created Bushra Wholesalers, ostensibly a

food distribution company that provided food to be served at their co-conspirators’

sites. Said Farah and Abdiwahab Aftin created Bushra Wholesalers in February

2021—in the midst of the fraud scheme—and immediately began using the company

to receive and launder fraudulently obtained Federal Child Nutrition Program funds.

In all, Bushra Wholesalers received more than $4.5 million in Federal Child Nutrition



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Program funds from Empire Cuisine & Market, ThinkTechAct, and other entities

involved in the scheme. Said Farah and Abdiwahab Aftin only spent a small fraction

of this money on food. The rest of the money was distributed to co-conspirators via

shell companies and other entities used to receive and launder fraud proceeds.

Abdiwahab Aftin also sent more than $600,000 of this money overseas, including to

purchase real estate in Nairobi, Kenya.

      Mukhtar Shariff was the CEO of Afrique Hospitality Group, a company he

created in January 2021 in order to build a restaurant, event space, and food service

company in Bloomington, Minnesota. The stated purpose of Afrique Hospitality was

to promote African culture, community, and economic empowerment through

innovative cuisine and experiences. Mukhtar Shariff funded the development of

Afrique with misappropriated Federal Child Nutrition Program funds from Empire

Cuisine & Market, ThinkTechAct, and other entities that fraudulently obtained

Federal Child Nutrition Program funds.

      Mukhtar Shariff also operated a food distribution site in Bloomington,

Minnesota, under the sponsorship of Feeding Our Future. Mukhtar Shariff claimed

that his site served meals to 3,500 children per day, seven days a week. In support of

these claims, he submitted fake meal count sheets, invoices, and rosters of children.

      Abdimajid Nur and Hayat Nur participated in the scheme by creating fake

and fraudulent meal count sheets, invoices, and rosters containing the names of

children purportedly receiving meals at the food sites.




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      B.    The Fraudulent Food Sites

      To advance the fraud, the defendants created dozens of Federal Child Nutrition

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

sponsorship of both Feeding Our Future and Partners in Nutrition. The defendants

collectively claimed to be serving meals 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.

      At the pandemic’s outset, the defendants operated just a few Federal Child

Nutrition Program sites. In April 2020, Abdiaziz Farah and Abdimajid Nur’s Empire

Cuisine & Market LLC claimed to serve 5,456 meals at a single location, for which

they sought reimbursement of $17,500 from the Federal Child Nutrition Program.

However, the defendants’ Federal Child Nutrition Program claims rapidly

skyrocketed. In January 2021, Abdiaziz Farah and his co-conspirators claimed that

Empire Cuisine served more than 400,000 meals to children in a single month, for

which they fraudulently claimed to be entitled to more than $1.5 million in Federal

Child Nutrition Program funds.

      Within a matter of months, Empire Cuisine & Market LLC professed to serve

thousands of children every day from approximately fifteen sites including locations

in Minneapolis, St. Paul, Faribault, Owatonna, Shakopee, Bloomington, Circle Pines,

and Savage. Similarly, Mahad Ibrahim’s first fraudulent foray began rather

modestly, with one site that claimed to serve 700 meals in September 2020 through

ThinkTechAct and Mind Foundry. Such modesty was short-lived. Within a few




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months of operations, Ibrahim fraudulently claimed he was serving more than

540,000 meals to needy children at more than a dozen locations.

      The defendants’ fraud, like an aggressive cancer, spread and grew. As the

evidence will make clear, the number of sham food sites and phony meal claims

concocted by the defendants quickly snowballed through 2020 and 2021. At their

fraudulent peak in March 2021, the defendants claimed to serve 2.7 million meals to

children in just that month alone—an impossibility. Ultimately, by the time the

defendants’ scheme was exposed in early 2022, they collectively claimed to have

served over 18 million meals from 50 unique locations for which they fraudulently

sought reimbursement of $49 million from the Federal Child Nutrition Program.

      At trial, the evidence will establish how the defendants opened dozens of

Federal Child Nutrition Program sites around the state of Minnesota. Many of their

purported food “sites” were nothing more than inhospitable parking lots or derelict

commercial spaces, like these:




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      The defendants listed as their purported food sites such locales as city parks,

apartment complexes, or community centers. But the jury will hear from witnesses

who had access or control over these locations. Those witnesses will testify that the

defendants did not provide thousands of meals as claimed. In some instances, the

defendants simply misappropriated the address and name of a location, like a city

park, without permission or authorization and then falsely claimed to be feeding kids

daily at the site. At some of their sites, the defendants claimed to be preparing their



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meals on site to feed children. However, witnesses from those sites—including

property managers, landlords, and neighbors—will testify about the falsity of such

claims. Among other things, these witnesses will explain that defendants did not—

and could not—prepare food at their respective sites as they claimed because there

were no amenities to do so.

      The trial evidence will reveal that some of the defendants and their

conspirators created and submitted sham meal count sheets and phony attendance

rosters purporting to list the names of children who received meals at their sites,

often with demonstrably fake names, like “Man Sincere,” “Ron Donald,” and even

“John Doe.” Indeed, school district personnel will testify that the falsified names on

these rosters appear nowhere in the official school district enrollment records of

multiple school districts where the defendants professed to serve millions of meals.

In addition, the evidence will show that most of the children on the defendants’

rosters and meal count sheets were not even enrolled in the local school districts

where the defendants purported to be feeding them almost daily. That is because the

attendance rosters and meal count sheets were fake. Indeed, by way of example, the

email records of defendants Abdimajid Nur and Hayat Nur will make clear at trial

how such sham records were used in the scheme, including Abdimajid Nur’s

instructions to Hayat Nur for creating fake records:




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      In support of their fraudulent claims, the defendants and their conspirators

additionally created and submitted fraudulent invoices purporting to show their

purchase of food to feed children. Repeatedly throughout the scheme, the defendants

used invoices purporting to show massive payments:




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      Defendants Abdimajid Nur and Hayat Nur created some of these fake invoices,

as their Google documents and emails will show. For instance, in one email, Hayat

Nur forwarded herself a “master document,” an invoice that could be edited. As Hayat

Nur put it, “don’t save it as a PDF!!!”




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Hayat Nur created multiple invoices during the scheme that fraudulently contained

vast payments for food. In one January 2022 email alone, Hayat Nur sent invoices

purporting to document the purchase of more than $10 million in food and expenses

related to the program.




      However, these massive payments on Hayat Nur’s invoices purported to be for

the purchase of food and meals to be served at the sites but, in reality, the defendants



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used Empire Cuisine and Market, Bushra Wholesalers, and other companies to divert

Federal Child Nutrition Program funds and convert them for their own use.

      C.     The Money Laundering

      In all, the defendants claimed to have served more than 18 million meals to

children. Based on their fraudulent claims, the defendants received more than $47

million in Federal Child Nutrition Program funds over an 18-month period from

summer 2020 through January 2022. These federal funds were received by the

defendants’ companies from Partners in Nutrition or Feeding Our Future.

      The defendants created and used an array of entities and shell companies to

receive, launder, and distribute their fraudulent proceeds. Some of these companies

purported to be meal vendors providing meals and food to program sites, but in

reality, the companies were shells created to disguise the source and ownership of the

fraud proceeds. The defendants transferred millions of dollars between their shell

companies to conceal the source of the funds, and then used the shell companies to

purchase millions of dollars’ worth of real estate and cars, pay for luxury travel, and

fund their lifestyles and personal spending.

             1.     The “Vendor” Companies

      The defendants used “vendor” companies—ostensibly in the business of

providing wholesale food distribution—to launder their fraudulent proceeds. In

reality, the vendor companies provided only a fraction of the food that their sites

claimed to be serving and acted a source to conceal the source of the fraud proceeds.

      Most of the defendants’ fraudulent food sites were nominally opened in the

name of Mahad Ibrahim’s non-profit, ThinkTechAct, which received more than $21

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million in Federal Child Nutrition Program funds from Partners in Nutrition or

Feeding Our Future. As Mahad Ibrahim’s own records will establish, ThinkTechAct,

in turn, paid the bulk of these funds over to the vendor Empire Cuisine & Market.

ThinkTechAct purported to pay Empire Cuisine & Market for food distributed at its

various sites. Instead ThinkTechAct used Empire Cuisine & Market to receive and

launder the Federal Child Nutrition Program funds while concealing the money as

payments for the purchase of food.

        The defendants also used Bushra Wholesalers to receive and launder fraud

proceeds. Said Farah and Abdiwahab Aftin registered Bushra Wholesalers on

February 10, 2021. Bushra Wholesale purported to be a vendor—a food distribution

company from which Empire Cuisine & Market purchased food to be served at their

sites. In reality, the company was used to receive and launder the proceeds of the

fraud scheme and to produce fake invoices purporting to document the purchase of

food.

   For example, on February 16, 2021, six days after they registered Bushra

Wholesalers, Said Farah and Abdiwahab Aftin opened a bank account in the name of

their new company. That same day, Said Farah and Abdiwahab Aftin deposited two

checks—a $100,000 check dated February 11, 2021, from ThinkTechAct Foundation

for “food storage” and a $100,000 check dated February 16, 2021, from Empire

Cuisine & Market for “wholesale products.” This $200,000 came from Federal Child

Nutrition Program funds.




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          Said Farah and Abdiwahab Aftin’s own financial records will clearly show that

they did not use this money to purchase food or “wholesale products.” Instead, on

February 23, 2021, they wired $80,000 to a tire company in China—Prinx Chengshan

Tire Co—for “goods.” One week later, Abdiaziz Farah wired another $80,000 in food

money from Empire Cuisine & Market to this same Chinese company for “brand new

tires.”




                2.    The Shell Companies

          The defendants also created and used an array of other companies to conceal

and launder their fraud proceeds.

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      Empire Enterprises LLC

      For example, during the course of the scheme, Abdiaziz Farah created a shell

company called Empire Enterprises LLC. Abdiaziz Farah registered Empire

Enterprises with the Minnesota Secretary of State on April 5, 2021. The following

day, Abdiaziz Farah opened up a bank account in the name of Empire Enterprises

and used it to receive and launder the proceeds of the fraud scheme.

      Abdiaziz Farah immediately deposited a $432,796 check from ThinkTechAct

into his new Empire Enterprises account. The memo line indicated that the money

was for “CACFP Food.” The check was dated April 3, 2021—two days before Abdiaziz

Farah registered the company and three days before he opened a bank account on

behalf of the company.




      Two weeks later, on April 23, 2021, Abdiaziz Farah wrote a check for $100,000

to MIB Holdings LLC—a shell company created and used by Mahad Ibrahim to

receive and launder fraud proceeds. The memo line of the check claimed the payment

was for “consulting.”




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      On May 8, 2021, Abdiaziz Farah deposited two more checks totaling more than

$700,000 into the Empire Enterprises account. The checks were from Mahad

Ibrahim’s company, ThinkTechAct. Again, the memo lines indicated the money was

for “CACFP Food.”




      Abdiaziz Farah did not use this money to purchase food. Instead, three days

later he again sent a chunk of the funds back to Mahad Ibrahim via his shell company,

MIB Holdings. The check for $172,329 claimed that the money was for “program

consulting.”




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      One week later, on May 15, 2021, Abdiaziz Farah wrote a $250,000 check from

the Empire Enterprises account to a custom home builder that he had hired to build

a new, custom home on Prior Lake.




      In July 2021, Abdiaziz Farah used $1 million from this Empire Enterprises

account to purchase two lakefront lots on Prior Lake on which to build his new,

custom home.




      In all, Abdiaziz Farah used Empire Enterprises to receive and launder more

than $7 million in fraud proceeds, including more than $3 million from ThinkTechAct,

more than $2 million from Empire Cuisine & Market, and more than $400,000 from

Afrique Hospitality Group.




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      Nur Consulting LLC

      Abdimajid Nur created his own shell company, Nur Consulting LLC, to receive

his share of the fraud proceeds. Abdimajid Nur, who graduated from high school in

June 2019, registered Nur Consulting LLC on April 4, 2021. Two days later, he

opened an account in the name of his new company and immediately deposited a

$30,000 check from Empire Cuisine & Market into the account. The memo line stated

that the money was for “consulting.”




      Over the course of the next 10 months, Abdimajid Nur deposited more than

$900,000 into the Nur Consulting bank account, including more than $400,000 in

“consulting” payments from Empire Cuisine & Market, $220,000 from Bushra

Wholesalers for “staff training” and “project management,” and $77,000 from

ThinkTechAct for “food service” and “food program” management and for

“CACFP Food.”

      Abdimajid Nur spent his share of the fraud proceeds freely. He used funds to

purchase cars. In August 2021, for example, he purchased a 2021 Dodge Ram pickup

for $64,000.




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      Six weeks later, he purchased a 2021 Hyundai Sante Fe.




      In July 2021, Abdimajid Nur used fraud proceeds to take a honeymoon to the

Maldives, where he stayed in a private villa. He also spent $30,000 in fraud proceeds

at a jewelry store in Dubai, again via his shell company Nur Consulting.




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      During the same period in which he received nearly $1 million from his co-

conspirators for his role in the fraud scheme, Abdimajid Nur was also enrolled as a

full-time college student at an online college, Herzing University. Abdimajid Nur

used proceeds from the fraud scheme to pay an online company to take his college

courses for him. Specifically, he paid $12,000 from his shell company, Nur Consulting,

to a company called PayMeToDoYourHomework.com, which agreed to take his

courses for him, including all homework assignments and exams, with a guaranteed

A or B in each course. Abdimajid Nur paid the company approximately $5,000 to take

all his Fall 2021 courses for him. In January 2022, he paid another $6,000 to have

the company take all his Spring 2022 semester courses.

      MIB Holdings

      Mahad Ibrahim used a company called MIB Holdings LLC to receive and

launder proceeds of the fraud scheme. Ibrahim deposited more than $2 million from

entities involved in the scheme, including: (a) more than $900,000 from Empire

Cuisine & Market; (b) more than $500,000 from Empire Enterprises; (c) more than

$500,000 from Bushra Wholesalers; and (d) more than $100,000 from Afrique

Hospitality Group. The checks and wire transfers indicated that the payments were

for “consulting” and “program operations.”

      Ibrahim used much of this money to purchase property and build a custom

home in Columbus, Ohio.

             3.    The Spending of the Fraud Proceeds

      The defendants spent their fraudulent proceeds freely. They spent millions of

dollars purchasing real estate, including property in Minnesota, Kentucky, Ohio, and

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Kenya. The government expects to introduce evidence of these property purchases,

including title company records and financial records showing the source of the

fraudulent proceeds used to make these purchases.

      Defendants also used fraudulent proceeds to purchase cars, largely in cash

with no financing. The government expects to introduce evidence of these purchases,

including car dealership records, car title records, and financial records showing the

source of the funds used to make these purchases.

      The defendants also used fraud proceeds for personal spending, including to

fund luxury travel, purchase jewelry, and otherwise fund their lifestyles. They also

used the proceeds of their scheme to invest in other businesses that had nothing to

do with feeding Minnesota children. For example, Mahad Ibrahim invested $90,000

in a company that operated an escape room in Orlando, Florida. Mukhtar Shariff

used millions of dollars in Federal Child Nutrition Program to hire an architect and

contractor to build his event center, Afrique Hospitality Group. Abdiaziz Farah and

Abdiwahab Aftin sent more than $900,000 in fraud proceeds to Kenya in order to

purchase five condo units in a building being constructed in Nairobi.

      In short, defendants used the Federal Child Nutrition Program funds they

received as a slush fund to enrich themselves, rather than to feed children.

      D.     The Kickback Scheme

      To carry out this massive fraud, defendants Abdiaziz Farah, Said Farah, and

Mukhtar Shariff participated in a conspiracy to commit federal programs bribery.

They paid bribes and kickbacks to employees of Feeding Our Future and Partners In




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Nutrition in exchange for the sponsorship of their fraudulent participation in the

Federal Child Nutrition Program.

      At trial, the evidence will show that Feeding Our Future, in particular,

operated a “pay-to-play” scheme in which individuals seeking to operate fraudulent

sites under its sponsorship had to kick back a portion of their fraudulent proceeds to

Feeding Our Future employees. Many of these kickbacks were paid in cash or

disguised as “consulting fees” paid to shell companies created by Feeding Our Future

employees to conceal the true nature of the payments and to make them appear

legitimate. At least one witness, a former Feeding Our Future employee, will explain

how the pay-to-play scheme worked, including the formation of shell companies,

disguised payments, and the creation of a sham, backdated “consulting agreement”

at the behest of defendants Abdiaziz Farah and Said Farah. Among other things, this

witness will testify about the substantial kickback and bribe payments tendered by

defendants Abdiaziz Farah, Said Farah, and Mukhtar Shariff.

      E.     Defendant Abdiaziz Farah’s Passport Fraud

      On January 20, 2022, federal agents executed multiple search warrants

related to this investigation, including searches of both Abdiaziz Farah and Mohamed

Ismail’s residences. During the searches of their residences, federal agents seized

Farah’s and Ismail’s passports.

      Approximately two months later, on March 22, 2022, Farah and Ismail applied

for new passports at the Minneapolis Passport Agency in downtown Minneapolis.

Both Farah and Ismail lied on their passport applications, claiming that their original

passports had been “lost.”

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       CASE 0:22-cr-00124-NEB-TNL Doc. 430 Filed 04/02/24 Page 27 of 29




      Both Farah and Ismail submitted a Statement Regarding a Lost or Stolen U.S.

Passport Book and/or Card as part of their application. On the form, Farah again

falsely represented that he had lost his U.S. passport. Farah wrote that he “could not

find [it] anywhere in my house or car.” In response to prompt asking him to “[e]xplain

where the loss or theft occurred,” Farah answered, “unknown.” Similarly, in response

to the question as to when the passport was lost or stolen, Farah falsely stated

“unknown.”

      Similarly, Ismail claimed—falsely—that he had lost his passport “at home.”

He also claimed, falsely, that he had filed a filed a police report in connection with

his “lost” passport.

      Both Farah and Ismail signed these documents under penalty of perjury, and

after receiving a written warning that false statements on his application could result

in federal criminal charges.

      Based on their false representations, the State Department issued Farah and

Ismail new passports that day.

      Well knowing that he was a target of the investigation, Farah booked a one-

way flight from Minneapolis-St. Paul International Airport on a one-way flight to

Nairobi, Kenya departing on March 24, 2022. Farah had booked the one-way ticket a

few days prior to submitting his false passport application, on March 16, 2022. Farah

ultimately did not board the flight. Approximately one month later, on April 20, 2022,

Ismail used his new passport to check in for his flight at the Rochester International




                                          27
       CASE 0:22-cr-00124-NEB-TNL Doc. 430 Filed 04/02/24 Page 28 of 29




Airport on April 20. Ismail arrived at MSP airport that afternoon and presented his

ticket to board his flight bound for Nairobi. FBI agents arrested him on the jetway.

      Both Farah and Ismail were charged with making false statements in their

applications for a U.S. passport, in violation of 18 U.S.C. § 1542. Ismail has since pled

guilty to this count.

IV.   POTENTIAL LEGAL AND EVIDENTIARY ISSUES

      A.     Summary Testimony and Charts

      The United States intends to call law enforcement agents to testify as

summary witnesses in its case-in-chief. “The testimony of a summary witness may be

received so long as she bases her summary on evidence received in the case and is

available for cross-examination.” United States v. Ellefsen, 655 F.3d 769, 780

(8th Cir. 2011) (quoting United States v. King, 616 F.2d 1034, 1041 (8th Cir. 1980)).

      In addition, because this case involves voluminous documentary evidence,

including bank records and other financial documents, the government intends to

offer summary charts into evidence in order to assist the jury. Summary charts are

properly admitted when (1) the charts fairly summarize voluminous trial evidence,

(2) they assist the jury in understanding testimony already introduced, and (3) the

witness who prepared the charts is subject to cross-examination with all documents

used to prepare the summary. United States v. Spires, 628 F.3d 1049, 1052-53 (8th

Cir. 2011) (citing Fed. R. Evid. 1006). “Also, summaries may include assumptions and

conclusions so long as they are ‘based upon evidence in the record.’” Id. at 1053.




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      CASE 0:22-cr-00124-NEB-TNL Doc. 430 Filed 04/02/24 Page 29 of 29




      B.     Stipulations    and    Self-Authentication              Pursuant        to
             Federal Rule of Evidence 902

      The parties have discussed foundational stipulations with respect to certain

business records that will obviate the need to call custodians of records as witnesses

at trial. While the parties are still working through the details of these stipulations,

the government is hopeful that the parties will be able to put this stipulation on the

record at the pretrial conference.

      With respect to any business records for which the defendants are unwilling to

stipulate with respect to foundation, the government will be providing notice to

defense counsel of its intent to offer these business records pursuant to the

self-authentication provisions of Federal Rules of Evidence 803(6) and 902(11). The

records will be identified with particularity to the defense in the government’s

Federal Rule of Evidence 902 notices, and they have all previously been provided to

the defense in the government’s Rule 16 disclosures. Certifications for these records

have also been made available for the defendant’s review. The government will also

seek to admit certain public records pursuant to the self-authentication provisions of

Federal Rules of Evidence 803(8) and 902(1) and (2).

Dated: April 2, 2024                           Respectfully Submitted,

                                               ANDREW M. LUGER
                                               United States Attorney

                                               /s/ Joseph H. Thompson
                                        BY:    JOSEPH H. THOMPSON
                                               MATTHEW S. EBERT
                                               HARRY M. JACOBS
                                               CHELSEA A. WALCKER
                                               DANIEL W. BOBIER
                                               Assistant United States Attorneys

                                          29


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