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Home Source documents Court filing — United States v. Farah (Dkt. 669, D. Minn.)

Court filing — United States v. Farah (Dkt. 669, D. Minn.)

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       CASE 0:22-cr-00124-NEB-DTS Doc. 669 Filed 09/30/24 Page 1 of 15




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

 UNITED STATES OF AMERICA,                 )
                                           )
                     Plaintiff,            )
                                           ) GOVERNMENT’S POSITION
       v.                                  ) REGARDING SENTENCING
                                           )
 MUKHTAR MOHAMED SHARIFF,                  )
                                           )
                     Defendant.            )


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

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, submits the following sentencing memorandum and respectfully requests

that the Court impose a sentence of 262 months in prison.

I.    BACKGROUND

      Defendant Mukhtar Shariff participated in the largest Covid-19 fraud scheme

in the United States. His crimes have shaken the Minnesota to its core—both in terms

of the brazen and staggering nature of the fraud and the complete disrespect and

contempt shown for the criminal justice system. His crimes have changed the state

forever, and not for the better.

      The Court must send a message in the strongest possible terms to Shariff and

anyone else who believes they can shamelessly steal take advantage of state and

federal social safety net program, steal with impunity money intended for children,

and abuse the rights afforded by the criminal justice system.
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      A.     Shariff’s Fraud Scheme

      Defendant Mukhtar Mohamed Shariff was convicted of participating in a

massive fraudulent scheme to obtain federal child nutrition program funds intended

to provide free meals to children in need. The defendant and his co-conspirators

obtained, misappropriated, and laundered more than $40 million in program funds

that were intended as reimbursements for the cost of serving meals to children. They

did so by exploiting changes in the program intended to ensure underserved children

received adequate nutrition during the Covid-19 pandemic. Shariff and his co-

conspirators took advantage of the Covid-19 pandemic—and the resulting program

changes—to enrich themselves by fraudulently misappropriating millions of dollars

in federal child nutrition program funds.

       Shariff moved to Minnesota in October 2020. Almost immediately, he joined

in the ongoing scheme to fraudulently obtain federal child nutrition program funds.

As the jury heard at trial, Shariff planned to use the proceeds of the fraudulent

scheme to build and fund the construction of a for-profit cultural center. In December

2020, he and Mahad Ibrahim created a PowerPoint outlining their business plan.

According to their business plan, they planned to use federal child nutrition program

money to fund the ongoing operations of the Afrique cultural center.




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      Shariff testified at trial. During his testimony, Shariff tried to distance himself

from this business plan, which he claimed related to future plans to participate in the

food program following the construction and opening of the Afrique cultural center

six months or a year later. That was not true. In reality, in January 2021, the Dar al

Farooq site began claiming to be serving meals to 2,000 children a day. Within a

month, the site claimed to be serving meals to 3,500 children a day.

      Shariff signed and submitted fraudulent meal count forms claiming—falsely—

that the Dar al Farooq site was serving two meals a day, seven days a week, to 3,500

children. Shariff also submitted fake rosters purporting to list the names of 3,500

children who received meals at the Dar al Farooq site. Shariff submitted these

fraudulent meal counts, invoices, and rosters to Feeding Our Future for

reimbursement.




      In all, Shariff and his co-defendants claimed to have served nearly 2 million

meals from January to November 2021 at the Dar al Farooq site for which they

claimed to be entitled to nearly $5 million in federal child nutrition program funds.




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      Shariff’s actions did not go unnoticed at the Dar al Farooq mosque. In a text

message exchange, his co-defendants Abdiaziz Farah and Abdimajid Nur discussed

social media posts in which the “youth of Dar al Farooq” accused Shariff of being the

“master mind” of a scheme to use the names of youth basketball players to defraud

the federal child nutrition program.




      In addition to his fake rosters and invoices, Shariff also convinced a

Bloomington Public School employee to send an inaccurate email supporting his fraud

scheme. At trial, Dinna Wade-Ardley, the director of educational equity at

Bloomington Public Schools, told the jury, speaking of her interactions with Shariff,

that, “I feel taken advantage of, I feel the kids were taken advantage of.”

      In addition to claiming to run one of the largest fraudulent food sites in

Minnesota, Shariff also used Afrique Hospitality Group to launder money from a

number of individuals and groups involved in the larger “Feeding Our Future” fraud

scheme. He received more than $1.7 million purportedly for the sale or distribution

of food on behalf of the ThinkTechAct Foundation. He received nearly $500,000 from

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Cosmopolitan Business Solutions LLC, the entity that ran Safari Restaurant. Again,

these funds were purportedly for the sale or distribution of food to the Safari

Restaurant group, whose owners are charged with defrauding the federal child

nutrition program in United States v. Aimee Marie Bock, et al., 22 CR 223 (NEB/DTS).

      Through his entity Afrique Hospitality Group, Shariff received and laundered

approximately $800,000 from a number of entities created and used by former

Feeding Our Future employee Ikram Yusuf Mohamed and her family to defraud the

federal child nutrition program. Again, these funds were purportedly for the sale or

distribution of food to children at federal child nutrition program sites run by Ikram

Mohamed and her family, all of whom have been charged with participating in the

fraudulent scheme to obtain federal child nutrition program funds. United States v.

Ikram Yusuf Mohamed, et al., 24 CR 15 (NEB/DTS).




      B.     Shariff’s Trial

      Shariff has never accepted any responsibility or shown any remorse for his

crime. To the contrary, not only did Shariff testify falsely at trial, but he also showed

complete contempt for the Court and the criminal justice system.


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      Shariff testified falsely at trial. He denied participating in any fraud scheme.

He claimed that he wanted to give back to the community and help kids. He claimed

that he served the number of meals claimed at the Dar al Farooq site. Despite being

the CEO of Afrique, he disclaimed any knowledge of the meal counts, invoices, and

rosters that he submitted to Feeding Our Future. Instead, he attempted to point the

finger at his absent co-defendant, Mahad Ibrahim, who was not present at trial. The

jury flat out rejected his testimony.

      Shariff also presented false testimony from at least one other witness. Shariff

called one of the imams at the Dar al Farooq mosque, who was a personal friend, to

testify in his defense. Although Shariff’s defense was that he served meals one or two

times a week at the Dar al Farooq mosque, the imam testified—falsely—that he saw

Shariff and his team serving meals at the Dar al Farooq mosque seven days a week.

      Shariff also showed contempt for the court process in other ways, including by

making illicit audio recordings of trial testimony in flagrant violation of the rules

governing federal trials. Like all federal courts, the District of Minnesota prohibits

the recording of courtroom testimony or proceedings. This rule is hardly a secret. It

applies in every federal court in the United States. The policy was posted outside the

courtroom for all to see.




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The policy is significant and exists for a reason: to protect the sanctity of the

proceedings and all those taking part in them. Indeed, while the reporters who

covered the trial in the courtroom and around the courthouse throughout the trial

regularly attempted to photograph or video the defendants and parties as they

entered the courthouse, they were never allowed to take a photograph or record the

trial proceedings.

      Despite this basic foundational rule prohibiting the recording of courtroom

testimony and proceedings, defendant Shariff made audio recordings of witness

testimony during the trial. When agents searched Shariff’s phone after his co-

defendants attempted to bribe a juror, they recovered 14 audio recordings of witness

testimony taken during the trial. The agents recovered more than 11 hours of

recorded trial testimony from Shariff’s phone, which included testimony from seven

days of trial. The recordings were saved in the Apple notes feature on Shariff’s phone


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and FBI cyber analysis response team agents concluded that the recordings were

made on Shariff’s phone.

      Finally, as the Court is aware, some of the defendants in Shariff’s trial

attempted to bribe one of the jurors in exchange for her return of a not guilty verdict.

They targeted Juror 52 because she was the youngest juror and they believed her to

be the only juror of color. After researching the Juror 52’s address and other personal

information online and via social media, they conducted surveillance of Juror 52 to

confirm her home address and obtain information about her daily habits. This

included following Juror 52 home as she left court during the trial.

      The participants in the bribe attempt used an encrypted messaging application

called Signal to communicate about the plan to bribe Juror 52. Signal is an encrypted

text messaging app that provides end-to-end encryption to ensure messages cannot

be intercepted or obtained by law enforcement agents pursuant to a search warrant

or other court order.

      On June 2, 2024—the night before closing arguments were scheduled to

conclude and jury deliberations were to begin—Ladan Ali and Abdulkarim Farah

delivered $120,000 cash bribe to Juror 52’s house. Ladan Ali explained that the

money was a present in exchange for a not guilty verdict, and that there would be

more money if Juror 52 returned a not guilty verdict. Fortunately, Juror 52 did not

accept the bribe. She called the police

      On the morning of June 3, 2024, the defendants learned that Juror 52 had

called 911 to report the bribe. The Court ordered the defendants to put their phones



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in airplane mode and surrender them to the FBI. The government obtained a warrant

to search the contents of Shariff’s phone. When they did, they found that Shariff

deleted the signal messaging application from his phone at approximately 8:43 a.m.

on June 3, 2024—right after learning that Juror 52 had reported the bribe attempt

to law enforcement.




II.   THE GUIDELINES RANGE

      A.     The Base Offense Level and Loss Amount

      The base offense level is 7 pursuant to Guidelines § 2B1.1(a)(1). PSR ¶103. The

base offense level is increased 22 levels pursuant to Guidelines § 2B1.1(1)(L) because

the loss was more than $25 million but less than $65 million. PSR ¶104. The offense

level is increased an additional 2 levels pursuant to Guidelines § 2B1.1(b)(9)(A)

because the offense involved a misrepresentation that Shariff was acting on behalf of

a charitable or educational organization. PSR ¶105. The offense level is increased 2

levels pursuant to Guidelines § 2B1.1(b)(10)(C) because the offense involved

sophisticated means. PSR ¶106.
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       The offense level is increased 2 levels pursuant to Guidelines § 2B1.1(b)(12)

because the offense involved conduct described in 18 U.S.C. § 1040 (Fraud in

Connection with a Major Disaster or Emergency Benefits). PSR ¶107. The offense

level is increased by 2 levels pursuant to Guidelines § 2S1.1(b)(2)(B) because the

defendant was convicted under 18 U.S.C. § 1956. PSR ¶113.

       B.     Obstruction of Justice

       Although Shariff testified at trial and the jury rejected his testimony, the PSR

did not apply a 2-level enhancement for obstruction of justice. PSR ¶¶110, 116. The

government’s understanding is that the probation office’s policy is not to weigh in on

the applicability of an obstruction of justice enhancement based on a defendant’s own

false testimony at trial because the Court is better situated to evaluate the

application of that enhancement. Accordingly, the PSR did not discuss the

applicability of an obstruction enhancement.

       The government believes the Court should apply a 2-level enhancement for

obstruction of justice based both on Shariff’s false trial testimony as well as his

destruction of evidence by deleting the encrypted messaging application used to

discuss the attempt to bribe Juror 52.1

       Shariff provided materially false testimony at trial. Guidelines § 3C1.1 states

that an obstruction of justice enhancement applies when “the defendant willfully

obstructed or impeded, or attempted to obstruct or impede, the administration of



1       Rule 32 of the Federal Rules of Criminal Procedure allow a party, with good cause, to
raise a new objection to the PSR “at any time before sentence is imposed.” Fed. R. Crim. P.
32(i)(1)(D).

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justice during the course of the investigation, prosecution, or sentencing.” Application

Note 4 lists the types of conduct to which this application applies, including

“committing, suborning, or attempting to suborn perjury.” Guidelines § 3C1.1,

application note 4(b). A witness violates the federal perjury statute, 18 U.S.C. § 1621,

when he “gives false testimony concerning a material matter with the willful intent

to provide false testimony, rather than as a result of confusion, mistake, or faulty

memory.” United States v. Dunnigan, 507 U.S. 87, 94 (1993).

      Shariff committed perjury during his trial testimony. He lied across a range of

subjects. He did so repeatedly. He did so deliberately. And he did so not out of

confusion or mistake, but rather because he believed he could trick the jury and avoid

being convicted for his scheme.

      Second, as noted above, Shariff deleted the Signal messaging application from

his phone on the morning of June 3, 2024, when the Court ordered him and his co-

defendants to turn over their phones to the FBI. This was the same messaging

application that co-defendants used to formulate, execute, and discuss the plan to

bribe Juror 52. Shariff’s destruction of evidence of the bribe attempt clearly qualifies

as obstruction of justice. Guidelines § 3C1.1, application note 4(D) (“destroying or

concealing . . . evidence that is material to an official investigation or judicial

proceeding” is an example of conduct covered by the obstruction of justice

enhancement).

      C.     Criminal History

      Shariff falls in criminal history category I. PSR ¶125.



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       D.    Advisory Guidelines Range

       An offense level of 37 and criminal history level I results in an advisory

Guidelines range of 210 to 262 months in prison.

III.   GOVERNMENT’S SENTENCING RECOMMENDATION

       Based on a review of the § 3553(a) factors, the government recommends that

the Court impose a sentence of 262 months in prison.

       A.    Nature and Circumstances of the Offense

       Shariff participated is one of the largest fraud schemes in the history of the

District of Minnesota, and the single largest Covid-19 fraud scheme in the country.

He took advantage of a once-in-a-century global pandemic to enrich himself. He

abused the generosity of Minnesota’s generous social safety net—a system designed

to ensure that no child goes without food.

       The cynicism of his crime is staggering. Shariff and his co-defendants carried

out their scheme using fictitious non-profit educational companies. He acted under

the guise of a mosque and a public school district. And he used the names of fake

children and misappropriated the names of children who signed up for a youth

basketball league.

       To this day, Shariff has taken no responsibility for his crime. During his time

on the stand, he repeatedly denied involvement in the fraud scheme and claimed that

he wanted to help feed kids. That was not true. He only wanted to help himself.

       B.    History and Characteristics of the Defendant

       Nothing in Shariff’s background explains or excuses his crime. Shariff came to

the United States at the age of 5. PSR ¶137. He and his family arrived as refugees.

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PSR ¶¶136-37. He played high school basketball. PSR ¶140. Shariff had an

opportunity to attend college, though he did not graduate. PSR ¶¶140-41, 156-57. His

brother attended medical school. PSR ¶141. Shariff later studied the Islamic religion

and Arabic language in Cairo, Egypt. PSR ¶¶141, 158. After finishing his studies,

Shariff worked as a consultant for Microsoft. Shariff reported that the work was

“lucrative.” PSR ¶144.

      Nevertheless, in late 2020, Shariff moved to Minnesota and immediately began

defrauding the federal child nutrition program operated by the Minnesota

Department of Education. As explained above, by early January, Shariff registered

Afrique Hospitality Group with the Minnesota Secretary of State. And he

immediately claimed to be serving two meals a day to first 2,000 children a day and

then 3,500 children a day, seven days a week, at the Dar al Farooq site.

      Shariff claimed that he wanted to use Afrique to start a community center,

complete with office space, restaurants and a coffee shop, a daycare, and a library.

Maybe so. But that’s not what he did. Instead, he used Afrique to fraudulently obtain

and launder millions of dollars in federal child nutrition program funds. Rather than

start a small business, he committed a massive fraud.

      C.     The Need for Deterrence

      Shariff participated is one of the largest fraud schemes in the history of the

District of Minnesota, and the single largest Covid-19 fraud scheme in the country.

But Shariff didn’t just take advantage of the Covid-19 pandemic to enrich himself and

his co-conspirators. He took advantage of our state’s compassion, and its efforts to

ensure no child went hungry.
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       Make no mistake, Shariff’s fraud has done great damage to the state. It has

eroded trust in the government and raised questions about the sustainability of the

state’s system of social services. His crime undermined and endangered legitimate

nonprofit organizations that rely on donations to carry out necessary and important

charitable work.2

       What is worse, through his actions, Shariff has cast doubt on the integrity of

the criminal justice system and trial by jury.3 Shariff has demonstrated his complete

and total contempt for the Court, the trial, and the criminal justice system. His

actions have changed the way this Court and the District of Minnesota will handle

criminal trials going forward.

       Despite this, to this day, Shariff has denied any and all responsibility for his

crime. He has not expressed an ounce of remorse for his actions. He appears to have

felt no shame.

       Cases like this are difficult to investigate and prosecute, which results in the

widely held belief that perpetrators routinely get away with these crimes. The Court

must send a message that circling the wagons, lying, and attempting to hide this kind

of criminal activity will not be tolerated. And the sentence must send a message of




2       See, e.g., Kelly Smith, Feeding Our Future fraud investigation casts scrutiny on
Minnesota nonprofits, Minneapolis Star Tribune (Dec. 22, 2022), available at
https://www.startribune.com/feeding-our-future-fraud-investigation-casts-scrutiny-on-
minnesota-nonprofits/600238797.
3      See, e.g., Editorial Board, A shocking ‘mob movie’ bribe attempt: Alleged attempt to
sway juror in Feeding Our Future trial is a further assault on public trust, Minneapolis Star
Tribune (June 4, 2024), available at https://www.startribune.com/a-shocking-mob-movie-
bribe-attempt/600371055.

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deterrence to all those who feel they can corrupt the criminal justice process by lying,

breaking the rules, and obstructing justice.

      Taking into consideration the Sentencing Guidelines, as well as all of the other

factors required to be considered under § 3553(a), the government respectfully

suggests that a sentence of 262 months in prison appropriately reflects the

seriousness of Shariff’s crimes, promotes respect for the law, provides a just

punishment, and creates adequate deterrence not only to Shariff, but to all other

individuals who take advantage of the state and believe that they are above the law.

IV.   CONCLUSION

      For the reasons stated above, the government respectfully requests that the

Court impose a sentence of 262 months in prison.



                                               Respectfully Submitted,

Dated: September 30, 2024                      ANDREW M. LUGER
                                               United States Attorney

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




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