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Court filing — United States v. Farah (Dkt. 789, D. Minn.)

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                   CASE 0:22-cr-00124-NEB-DTS                      Doc. 789          Filed 02/06/25           Page 1 of 8
AO 245B (Rev. 11/16) Sheet 1 - Judgment in a Criminal Case




                                         UNITED STATES DISTRICT COURT
                                                             District of Minnesota

 UNITED STATES OF AMERICA                                                          JUDGMENT IN A CRIMINAL CASE

 v.
                                                                                   Case Number: 22-CR-124-NEB-DTS (7)
 MUKHTAR MOHAMED SHARIFF                                                           USM Number: 22478-510

                                                                                   Andrew H. Mohring and Frederick J.Goetz
                                                                                   Defendant’s Attorneys

THE DEFENDANT:
 ☐ pleaded guilty to count(s)
 ☐ pleaded nolo contendere to count(s) which was accepted by the court
 ☒ was found guilty on counts 1, 8, 20 and 31 the Superseding Indictment after a plea of not guilty

The defendant is adjudicated guilty of these offenses:
 Title & Section / Nature of Offense                                                                   Offense Ended        Count
 18:371 WIRE FRAUD CONSPIRACY                                                                          April 2022           1
 18:1343 WIRE FRAUD                                                                                    October 21, 2021     8
 18:1956(h) CONSPIRACY TO COMMIT MONEY LAUNDERING                                                      April 2022           20
 18:1957 MONEY LAUNDERING                                                                              July 7, 2021         31



The defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the Sentencing
Reform Act of 1984.

 ☒ The defendant has been found not guilty on counts 13 and 15 of the Superseding Indictment.
 ☐ Count(s) ☐ is ☐ are dismissed on the motion of the United States

         It is ordered that the defendant must notify the United States attorney for this district within 30 days of any change of name,
residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. If
ordered to pay restitution, the defendant must notify the court and United States attorney of material changes in economic
circumstances.


                                                                     January 24, 2025
                                                                     Date of Imposition of Judgment




                                                                     s/Nancy E. Brasel
                                                                     Signature of Judge

                                                                     NANCY E. BRASEL
                                                                     UNITED STATES DISTRICT JUDGE
                                                                     Name and Title of Judge

                                                                     February 6, 2025
                                                                     Date




                                                                      1
                   CASE 0:22-cr-00124-NEB-DTS                         Doc. 789        Filed 02/06/25     Page 2 of 8



AO 245B (Rev. 11/16) Sheet 2 - Imprisonment
DEFENDANT:                    MUKHTAR MOHAMED SHARIFF
CASE NUMBER:                  22-CR-124-NEB-DTS (7)

                                                           IMPRISONMENT

The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a total term of:
60 months as to count 1; 210 months as to count 8; 210 months as to count 20; and 120 months as to count 31 of the Superseding
Indictment. All Terms to run concurrently.

 ☒ The court makes the following recommendations to the Bureau of Prisons: The Defendant shall be placed in a facility in the
        state of Minnesota or Yankton, SD with the horticulture program, so he can be near his family. The Defendant shall
        participate in the residential drug and alcohol program.




 ☒ The defendant is remanded to the custody of the United States Marshal.
 ☐ The defendant shall surrender to the United States Marshal for this district:

           ☐ at                                          on

           ☐ as notified by the United States Marshal.

 ☐ The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons:

           ☐ before                         on
           ☐ as notified by the United States Marshal.
           ☐ as notified by the Probation or Pretrial Services Office.


                                                                  RETURN
I have executed this judgment as follows:


          Defendant delivered on                                        to


at                                            , with a certified copy of this judgment.




                                                                                             UNITED STATES MARSHAL

                                                                                                       By
                                                                                          DEPUTY UNITED STATES MARSHAL




                                                                         2
                   CASE 0:22-cr-00124-NEB-DTS                    Doc. 789        Filed 02/06/25          Page 3 of 8
AO 245B (Rev. 11/16) Sheet 3 – Supervised Release
DEFENDANT:                    MUKHTAR MOHAMED SHARIFF
CASE NUMBER:                  22-CR-124-NEB-DTS (7)

                                                     SUPERVISED RELEASE
Upon release from imprisonment, the defendant shall be on supervised release for a term of: three (3) years on Counts 1, 8, 20 and
31 of the Superseding Indictment. All terms to be served concurrently



                                                    MANDATORY CONDITIONS

   1.   You must not commit another federal, state or local crime.
   2.   You must not unlawfully possess a controlled substance.
   3.   You must refrain from any unlawful use of a controlled substance. You must submit to one drug test within 15 days of
        release from imprisonment and at least two periodic drug tests thereafter, as determined by the court.
              ☐ The above drug testing condition is suspended, based on the court's determination that you pose a low risk of
                    future substance abuse. (check if applicable)
   4.   ☒     You  must  make restitution in accordance with 18 U.S.C. §§ 3663 and 3663A or any other statute authorizing a
              sentence of restitution. (check if applicable)
   5.   ☒ You must cooperate in the collection of DNA as directed by the probation officer. (check if applicable)
   6.   ☐ You must comply with the requirements of the Sex Offender Registration and Notification Act (34 U.S.C. § 20901, et
              seq.) as directed by the probation officer, the Bureau of Prisons, or any state sex offender registration agency in which
              you reside, work, are a student, or were convicted of a qualifying offense. (check if applicable)
   7.   ☐ You must participate in an approved program for domestic violence. (check if applicable)

          The defendant must comply with the standard conditions that have been adopted by this court as well as with any
 additional conditions on the attached page.




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                   CASE 0:22-cr-00124-NEB-DTS                    Doc. 789         Filed 02/06/25          Page 4 of 8
AO 245B (Rev. 11/16) Sheet 3A – Supervised Release
DEFENDANT:                    MUKHTAR MOHAMED SHARIFF
CASE NUMBER:                  22-CR-124-NEB-DTS (7)

                                  STANDARD CONDITIONS OF SUPERVISION

As part of your supervised release, you must comply with the following standard conditions of supervision. These conditions are
imposed because they establish the basic expectations for your behavior while on supervision and identify the minimum tools needed
by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition.

1.  You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your
    release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different
    time frame.
2. After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and
    when you must report to the probation officer, and you must report to the probation officer as instructed.
3. You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from
    the court or the probation officer.
4. You must answer truthfully the questions asked by your probation officer.
5. You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living
    arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If
    notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation
    officer within 72 hours of becoming aware of a change or expected change.
6. You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation
    officer to take any items prohibited by the conditions of your supervision that he or she observes in plain view.
7. You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you
    from doing so. If you do not have full-time employment you must try to find full-time employment, unless the probation officer
    excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job
    responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least
    10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of
    becoming aware of a change or expected change.
8. You must not communicate or interact with someone you know is engaged in criminal activity. If you know someone has been
    convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of
    the probation officer.
9. If you are arrested or questioned by a law enforcement officer, you must notify the probation officer within 72 hours.
10. You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e., anything that
    was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or
    tasers).
11. You must not act or make any agreement with a law enforcement agency to act as a confidential human source or informant
    without first getting the permission of the court.
12. If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may
    require you to notify the person about the risk and you must comply with that instruction. The probation officer may contact the
    person and confirm that you have notified the person about the risk.
13. You must follow the instructions of the probation officer related to the conditions of supervision.

U.S. Probation Office Use Only

A U.S. probation officer has instructed me on the conditions specified by the court and has provided me with a written copy of this
judgment containing these conditions. For further information regarding these conditions, see Overview of Probation and Supervised
Release Conditions, available at www.uscourts.gov.

Defendant's Signature __________________________________________________                     Date ______________________

Probation Officer's Signature ____________________________________________                   Date ______________________




                                                                     4
                   CASE 0:22-cr-00124-NEB-DTS          Doc. 789     Filed 02/06/25     Page 5 of 8
AO 245B (Rev. 11/16) Sheet 3D – Supervised Release
DEFENDANT:                    MUKHTAR MOHAMED SHARIFF
CASE NUMBER:                  22-CR-124-NEB-DTS (7)

                                     SPECIAL CONDITIONS OF SUPERVISION

     a. The defendant shall provide the probation officer access to any requested financial information,
        including credit reports, credit card bills, bank statements, and telephone bills.

     b. The defendant shall be prohibited from incurring new credit charges or opening additional lines of credit
        without approval of the probation officer.

     c.   The defendant is prohibited from engaging in employment related to government claims or
          reimbursements during the term of supervision. All of these financial conditions are recommended based
          on the nature of Shariff’s offenses including sophisticated fraud and money laundering, and to assist the
          probation officer with enforcement of the Court’s restitution order.




                                                          5
                     CASE 0:22-cr-00124-NEB-DTS                              Doc. 789           Filed 02/06/25               Page 6 of 8
AO 245B (Rev. 11/16) Sheet 5 – Criminal Monetary Penalties
DEFENDANT:                       MUKHTAR MOHAMED SHARIFF
CASE NUMBER:                     22-CR-124-NEB-DTS (7)

                                             CRIMINAL MONETARY PENALTIES
           The defendant must pay the total criminal monetary penalties under the schedule of payments.
                          Assessment             Restitution               Fine       AVAA Assessment*                                   JVTA Assessment**
       TOTALS                       $400.00          $47,920,514.00                         $.00                             $.00                             $.00

    ☐       The determination of restitution is deferred until  An Amended Judgment in a Criminal Case (AO245C)
            will be entered after such determination.
    ☒       The defendant must make restitution (including community restitution) to the following payees in the amount
            listed below.

           If the defendant makes a partial payment, each payee shall receive an approximately proportioned payment. However, pursuant to 18 U.S.C.
           § 3664(i), all nonfederal victims must be paid before the United States is paid.




                       Name and Address of Payee                                        ***Total Loss                Restitution               Priority or
                                                                                                                      Ordered                  Percentage

   The name and address of victims shall be provided in rest                                                     $47,920,514.00
   assured.




   TOTALS:                                                                            $0.00                      $47,920,514.00            0.00%

                   Payments are to be made to the Clerk, U.S. District Court, for disbursement to the victim.


 ☐ Restitution amount ordered pursuant to plea agreement $
 ☐ The defendant must pay interest on restitution and a fine of more than $2,500, unless the restitution or fine is paid in full before
        the fifteenth day after the date of the judgment, pursuant to 18 U.S.C. § 3612(f). All of the payment options may be subject to
        penalties for delinquency and default, pursuant to 18 U.S.C. § 3612(g).
 ☒      The court determined that the defendant does not have the ability to pay interest and it is ordered that:
        ☒ the interest requirement is waived for the          ☐ fine                               ☒ restitution
        ☐ the interest requirement for the                               ☐ fine                                     ☐ restitution is modified as follows:
* Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018, Pub. L. No. 115-299.
** Justice for Victims of Trafficking Act of 2015, Pub. L. No. 114-22.
*** Findings for the total amount of losses are required under Chapters 109A, 110, 110A, and 113A of Title 18 for offenses committed on or after September 13, 1994,
but before April 23, 1996.




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                   CASE 0:22-cr-00124-NEB-DTS                           Doc. 789        Filed 02/06/25            Page 7 of 8


AO 245B (Rev. 11/16) Sheet 6 – Schedule of Payments
DEFENDANT:                    MUKHTAR MOHAMED SHARIFF
CASE NUMBER:                  22-CR-124-NEB-DTS (7)

                                                  SCHEDULE OF PAYMENTS
Having assessed the defendant’s ability to pay, payment of the total criminal monetary penalties is due as follows:

 A     ☒ Lump sum payments of $ $47,920,514.00 is due immediately, balance due
       ☐ not later than                                         , or

       ☒ in accordance                    ☐       C,          ☐        D,       ☐     E, or       ☒      F below; or

 B     ☐ Payment to begin immediately (may be combined with                     ☐     C,          ☐      D, or              ☐       F below); or

 C     ☐ Payment in equal                              (e.g., weekly, monthly, quarterly) installments of $                   over a period of
                                   (e.g., months or years), to commence                    (e.g., 30 or 60 days) after the date of this judgment;
              or

 D     ☐ Payment in equal 20 (e.g., weekly, monthly, quarterly) installments of $                                over a period of
                                (e.g., months or years), to commence                       (e.g., 30 or 60 days) after release from
              imprisonment to a term of supervision; or

 E     ☐ Payment during the term of supervised release will commence within                        (e.g., 30 or 60 days) after release
              from imprisonment. The court will set the payment plan based on an assessment of the defendant’s ability to pay at that
              time; or

 F     ☒ Special instructions regarding the payment of criminal monetary penalties:
              It is ordered that the Defendant shall pay to the United States a special assessment of $400.00 for Counts 1, 8, 20
              and 31, which shall be due immediately. Said special assessment shall be paid to the Clerk, U.S. District Court,
              300 S. 4th Street, Suite 200, Minneapolis, MN 55415.
              Mandatory Restitution of $47,920,514.00 is due immediately. Payments of not less than $200 per month are to be
              made over a period of 3 years commencing 30 days after release from confinement. Payments are to be made
              payable to the Clerk, U.S. District Court, for disbursement to the victim. The interest requirement is waived in
              accordance with 18 U.S.C. § 3612(f)(3).
              Over the period of incarceration, the defendant shall make payments of either quarterly installments of a
              minimum of $25 if working non-UNICOR or a minimum of 50 percent of monthly earnings if working UNICOR.
              It is recommended the defendant participate in the Inmate Financial Responsibility Program while incarcerated.
              The defendant's obligation to pay the full amount of restitution continues even after the term of supervision has
              ended, pursuant to federal law. See 18 U.S.C. § 3613. If the defendant is unable to pay the full amount of
              restitution at the time supervision ends, the defendant may work with the U.S. Attorney's Office Financial
              Litigation Unit to arrange a restitution payment plan.

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is
due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons’
Inmate Financial Responsibility Program, are made to the clerk of the court.

The defendant shall receive credit for all payments previously made toward any criminal monetary penalties imposed.
 ☒ Joint and Several

      Case Number
      Defendant and Co-Defendant Names                                              Joint and Several                  Corresponding Payee,
      (including defendant number)                        Total Amount                   Amount                            if appropriate
      USA v. Abdiaziz Shafii Farah                       $47,920,514.00              $47,920,514.00
       (22-124-1)
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                   CASE 0:22-cr-00124-NEB-DTS                          Doc. 789          Filed 02/06/25             Page 8 of 8

      AO 245B (Rev. 11/16) Sheet 6 – Schedule of Payments (Continued)
      DEFENDANT:             MUKHTAR MOHAMED SHARIFF
      CASE NUMBER:           22-CR-124-NEB-DTS (7)


      USA v. Mohamed Jama Ismail (22-                   $47,920,514.00                $47,920,514.00
      124-2)
      USA v. Abdimajid Mohamed Nur (22-                 $47,920,514.00                $47,920,514.00
      124-4)
      USA v. Hayat Mohamed Nur (22-124-                 $47,920,514.00                $47,920,514.00
      8)

 ☐ The defendant shall pay the cost of prosecution.
 ☐ The defendant shall pay the following court cost(s):

        The defendant shall forfeit the defendant’s interest in the following property to the United States: All of the property and interest
 ☒ stated in the Court’s preliminary and final orders of forfeiture for this defendant.



Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) AVAA assessment,
(5) fine principal, (6) fine interest, (7) community restitution, (8) JVTA Assessment, (9) penalties, and (10) costs, including cost of
prosecution and court costs.




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