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Court filing — United States v. Farah (Dkt. 594, D. Minn.)

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        CASE 0:22-cr-00124-NEB-DTS Doc. 594 Filed 08/13/24 Page 1 of 3




                      UNITED STATES DISTRICT COURT
                          DISTRICT OF MINNESOTA
                      Criminal No. 22-124(7) (NEB/TNL)

 UNITED STATES OF AMERICA,               )
                                         )
                    Plaintiff,           )
                                         )    GOVERNMENT’S RESPONSE TO
       v.                                )    DEFENDANT’S MOTION FOR
                                         )    RELEASE PENDING
 MUKHTAR MOHAMED SHARIFF,                )    SENTENCING
                                         )
                    Defendant.           )
                                         )

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

Attorneys, respectfully submits the following response to defendant’s renewed motion

for release pending sentencing. Dkt. #592.

I.     BACKGROUND

       Defendant Mukhtar Shariff was convicted at trial of participating in a

fraudulent scheme to obtain nearly $50 million in federal child nutrition program

funds. Shariff testified at trial, denying involvement in the scheme and claiming that

he had devoted him time and efforts to ensuring children received meals and to build

an east African cultural center. The jury did not belief is testimony and convicted

him.

       On the June 2, 2024, the night before the conclusion of closing arguments and

the beginning of jury deliberations, several of Shariff’s co-defendants attempted to

bribe one of the jurors with a bag containing $120,000 in cash.
        CASE 0:22-cr-00124-NEB-DTS Doc. 594 Filed 08/13/24 Page 2 of 3




      The following day—June 3—the government informed the Court of the bribe

attempt. That day, the Court granted the government’s motion to revoke the release

of Shariff and his co-defendants. On June 10, 2024, the Court ordered that Shariff be

detained under 18 U.S.C. § 3143, which governs the detention of defendants pending

sentencing. Dkt. #552.

      On June 6, 2024, Shariff filed a motion to reconsider the order of detention.

Dkt. #548. On June 10, 2024, Shariff filed a motion for release pending sentencing.

Dkt. #564, The Court denied the motions. Dkt. #584. In doing so, the Court found that

Shariff could not overcome the presumption of detention with clear and convincing

evidence that he did not pose a risk of nonappearance or danger to the community.

Id. The Court found that “Shariff has motive to flee—he was convicted of several

serious felonies and faces a lengthy sentence. He also has somewhere to flee to—he

was born in Somalia, has lived in Kenya and Egypt, and has significant financial and

personal ties abroad.” Id. at 1-2. The Court noted that Shariff’s motion relied heavily

on his ties to Minnesota, but found that in light of his ties aboard, “Shariff’s ties to

Minnesota are not enough to overcome the weighty presumption favoring detention.”

Id. at 2. The Court explained that it was not considering the allegations of jury

bribery in making the finding. Id. at 1, n.1.

      Shariff has now filed a renewed motion for release pending sentencing. Dkt.

#592. He again argues that his ties to Minnesota are sufficient to rebut the

presumption of detention by clear and convincing evidence. He claims that his foreign

ties are “minimal” and far outweighed by his ties to Minnesota. Id. at 8.



                                           2
        CASE 0:22-cr-00124-NEB-DTS Doc. 594 Filed 08/13/24 Page 3 of 3




       The Court already rejected these arguments. Nothing has changed since the

Court denied Shariff’s earlier motion for release.1 As the Court heard at trial, and as

outlined in the government’s response to Shariff’s initial motion for release (Dkt.

#583), Shariff has extensive ties abroad. Indeed, he called an expert witness to testify

about his ties to Somalia and east Africa and explain how Shariff and others like him

have one foot in both worlds. As his own expert’s testimony underscored, the fact that

he has children and family in Minnesota does not mean that he does not retain ties

aboard. Nor does it establish, by clear and convincing, that he does not pose a risk of

nonappearance or danger to the community. Moreover, Shariff’s continued denials of

involvement in the fraud scheme only serve to underscore the risk of nonappearance.

II.    CONCLUSION

       For the reasons set forth above, the government respectfully requests that

defendant’s renewed motion for release pending sentencing be denied.

Dated: August 13, 2024
                                                   Respectfully Submitted,

                                                   ANDREW M. LUGER
                                                   United States Attorney


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

1      The fact that Shariff has not been charged in the investigation of the jury bribery does
not affect the Court’s prior ruling because the Court expressly did NOT consider the jury
bribery allegations and assumed, for purposes of that motion, that he was not involved in the
bribery. Dkt. #584 at 1, n1.


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