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Court filing — United States v. Farah (Dkt. 840, D. Minn.)

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     CASE 0:22-cr-00124-NEB-DTS        Doc. 840    Filed 07/23/25   Page 1 of 16




                      UNITED STATES DISTRICT COURT
                          DISTRICT OF MINNESOTA
                      Criminal No. 22-124(1) (NEB/DTS)

 UNITED STATES OF AMERICA,                 )
                                           )
                    Plaintiff,             )
                                           ) GOVERNMENT’S
       v.                                  ) SUPPLEMENTAL MEMORANDUM
                                           ) REGARDING SENTENCING
 ABDIAZIZ SHAFII FARAH,                    )
                                           )
                    Defendant.             )



      The United States of America, by and through its attorneys, Joseph H.

Thompson, Acting United States Attorney for the District of Minnesota, and Matthew

S. Ebert, Harry M. Jacobs, and Daniel W. Bobier, Assistant United States Attorneys,

submits this supplemental sentencing memorandum as a response to the sentencing

paper submitted by the defendant, Abdiaziz Shafii Farah. As stated in the

government’s original submission, the government recommends that the Court

impose a sentence of 30 years in prison.

      To be clear, the government reaches this recommendation after a holistic

review of the 3553(a) factors. The government stands by that recommendation as the

sentence sufficient, but not more than necessary, to achieve justice even if the Court

ultimately decides upon a somewhat different Guidelines calculation than the one the

government and PSR both determined.
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I.     THE G OVERNMENT-RECOMMENDED, WITHIN-G UIDELINES SENTENCE IS
       SUBSTANTIVELY REASONABLE AND N O D OWNWARD VARIANCE SHOULD BE
       APPLIED

       For all the reasons discussed in the government’s initial pleading paper, a

sentence for Mr. Farah of 30 years is appropriate. Farah was one of the early movers

in the Feeding Our Future scheme. He enrolled his company, Empire Cuisine, in

April 2020, and from there launched a booming business ripping off the Federal Child

Nutrition Program. He participated in every stage of the scheme: creating bogus

paperwork, submitting fraudulent claims, apportioning the fraud proceeds among his

confederates, paying kickbacks to sponsors, and spending—extravagantly—the

federal taxpayer dollars he stole. Through craft, diligence, and unrepentant artifice,

Farah and his coconspirators caused nearly $48 million in losses. Farah, personally,

pocketed more than $8 million of that sum.

       In his sentencing position paper, Farah does not meaningfully contend with

those facts. Instead, he dedicates most of his brief to a discussion of out-of-circuit

cases that generally have nothing to do with benefit programs, nor with the unusually

susceptible era of Covid-19, nor with the state and people of Minnesota. He invokes,

for example, the Theranos case, Sam Bankman-Fried, a DOD scam from South

Carolina, and the Fyre Festival scheme. Differences between those cases and this one

abound. They arise from completely different facts, concern defendants whose

schemes in no way resemble the benefits fraud proved here, and they occurred out of

circuit, where different sentencing precedents control. 1


1 Farah’s invocation of the Minnesota State Court Sentencing Guidelines is      even further
afield. State and federal sentences often diverge, sometimes materially, even for convictions
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       Section 3553 directs the Court to avoid unwarranted sentencing disparities. To

that end, a far better guide than Farah’s inapposite citations can be found in the

sentences already imposed by this Court in this scheme (and, indeed, upon Farah’s

co-indicted conspirators).

       Mohamed Ismail received 144 months. Though Ismail began as a co-owner,

with Farah, of Empire Cuisine, he was an average scheme participant. He also did

not engage in sophisticated money laundering nor in parceling out the scheme’s

proceeds. See Dkt. 645 at 28 (Ismail PSR); Dkt. 691 (Ismail Statement of Reasons

(adopting PSR without change)); see also Dkt. 686 (Gov’t’s Ismail Sentencing

Position). And his take, certainly, was smaller: he took home about $2.2 million to

Farah’s $8.1 million. Ismail’s sentence also underscores the inaptness of Farah’s

comparator cases; he argues that Elizabeth Holmes’s conduct was worse than Farah’s

but notes that Ms. Holmes received 135 months. See Dkt. 825 at 2, 19-25. This Court

has already determined, correctly, that Mr. Ismail—a lesser participant in Farah’s

scheme—deserved a longer sentence.

       Mukhtar Shariff received 210 months. That sentence came after Shariff

testified, falsely, in his defense, insisting that he served the food he claimed. Though

Farah did not so testify at trial, his conduct in this scheme is worse than Shariff’s,

including because Farah helmed the conspiracy, became the sole director of Empire

Cuisine and Market, and chose how the conspiracy’s profits would be divvied up

among its participants. Farah also involved himself in or directed the activities of


arising from the same conduct. This Court’s statutory duty, however, is to determine the just
federal sentence using the federal Guidelines and the federal precedents.
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virtually all of this conspiracy’s fraudulent food sites. Shariff’s conduct was chiefly

limited to one. And as with Ismail, Shariff’s take is dwarfed by Farah’s: Shariff made

out with $1.4 million, Farah got over $8.1 million.

       The government respectfully recommends a sentence of 30 years. Nothing in

the case evidence nor Farah’s submission justifies a downward variance here, let

alone the “major” one Farah suggests.

II.    FARAH’S O BJECTIONS TO THE G OVERNMENT’S AND THE PSR’S SHARED
       G UIDELINES CALCULATION SHOULD BE REJECTED

       A.      The Government and the PSR Correctly Determine the Loss
               Amount Enhancement

       Farah next contends the government and the PSR are wrong to use in their

shared Guidelines calculation a loss amount of about $40 million. Dkt. 825 at 10-12.

He maintains that figure is a “gross loss” calculation, failing to account for the food

Farah and his conspirators bought and distributed. From this premise he argues that

it would be legal error for the Court to adopt the government’s Guidelines calculation.

He is wrong.

       First, the case evidence established an intended loss of more than $49 million.

Exs. N-3, N-5. Of this, MDE paid out approximately $47.9 million to the entities that

sponsored the defendants’ participation in the program, Partners in Nutrition and

Feeding Our Future. Those sponsors, in turn, retained approximately $5.6 million in

administrative fees. The sponsors then paid over $42.4 million to Empire Cuisine &

Market, ThinkTechAct, and other entities owned or controlled by Farah and his

conspirators, including more than $21 million to ThinkTechAct and more than $12

million to Empire Cuisine & Market.

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      Even so, Farah wants a discount because, like many of the fraudulent

operators charged in the broader scheme, he bought some real food in the course of

his fraud. The Court should not give him that credit. The government presented

evidence at trial that such purchases were window dressing—designed to help conceal

the fraud and make more plausible the defendants’ claims of serving thousands of

meals to children every day. The government submits that such purchases were made

in service of furthering the fraud and thus make Farah’s conduct worse, not better;

he should not receive a discount for trying to conceal his scheme.




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        Second, even if Farah were right or if the Court were inclined to discount the

loss amount by the quantity of food purchased, from a Guidelines perspective, it

wouldn’t matter.




Exhibit M-1. 2 Evidence presented at trial showed that, across Farah and his

conspirators’ four chief entities used in the scheme, the conspirators spent about $5.1

million on food. Even that amount, however, is a generous calculation. That figure




2 Exhibit M-1 summarizes the information from admitted Exhibits M-6, M-10, M-13a, and

M-30.

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includes all food purchases by those entities, including a significant amount of money

spent on “food” that had nothing to do with the federal child nutrition program.

      For example, Empire Cuisine & Market operated a small halal deli and market

located in a strip mall in Shakopee, Minnesota. As depicted in Exhibit M-1, the

market had more than $1 million in credit card receipts during the time of the fraud

scheme. In other words, regular customers spent more than $1 million buying food at

Empire Cuisine & Market. As FBI Forensic Accountant Pauline Roase testified at

trial, the funds credited to “food” on Exhibit M-1 included money spent to purchase

food and other items (such as halal meat and baby formula) for sale at the market.

And as the Court saw, many of the defendants’ food invoices were for the purchase of

these types of items unrelated to the food program. See, e.g., Ex. D-72 at 62-63, 82

(Lincoln Trading International invoices for the purchase of goat meat, lamb kidney,

and other halal meats to sell at Empire Cuisine & Market); Ex. D-73 (Gold Star

Distribution invoices for the purchase of non-food items to be sold at Empire Cuisine

& Market); Ex. Q-46 (Capital Imports invoices showing purchase of food unrelated to

the federal child nutrition program). Nevertheless, Ms. Roase testified that, to be

conservative in her calculations, she credited the purchases of such items, though

plainly unrelated to the food program, as “food expenses.”

      Regardless, even if the Court credited Farah that full amount, the intended

loss amount would drop from about $49 million to about $43.9 million—resulting in

a figure still well within the Guidelines loss range of $25 million to $65 million.

U.S.S.G. § 2B1.1(b)(1).



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       B.     Farah’s Conduct        Warrants     the    “Organizer     or   Leader”
              Enhancement

       Farah insists he was a “roughly co-equal participant” in this scheme with his

conspirators. The case evidence shows otherwise.

       First and foremost, Farah received a much bigger cut of the spoils than anyone

else, personally pocketing more than $8.1 million. Mohamed Ismail pocketed about

$2.2 million. Abdimajid Nur got about $940,000. Hayat Nur only $31,000. 3




       Second, Farah owned the Empire Cuisine and Market, which he used to chart

the course in the Feeding Our Future fraud scheme. His was one of the first entities

to enroll as a fraudulent food site. From his perch atop Empire, he decided how the

fraud proceeds would be distributed within the conspiracy. And the extreme claims

his for-profit business submitted were part of MDE’s rationale in changing the



3 This chart summarizes the information from some of the extensive bank account records

admitted at trial.

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Program rules in autumn 2020 to (try to) force for-profit restaurants out of the

Program.

      Third, Farah spent his proceeds like a kingpin. With the more than $8 million

Farah personally pocketed, he bought five luxury vehicles, including over $300,000

for a Porsche, a GMC truck, and a Tesla, he purchased real estate for over $4.2

million, and he diverted over $700,000 to a Kenyan real estate partnership.

      Finally, the scheme Farah spearheaded was extensive, and it involved at least

five other participants—satisfying each of the independent grounds for application of

the leader/organizer enhancement. U.S.S.G. § 3B1.1(a). The government introduced

ample evidence at trial of Farah’s coordination of his co-conspirators. That evidence

included communications in which Farah directed the flow of funds among the

scheme’s participants.




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Trial evidence also included many examples of Farah effecting those intra-scheme

transfers himself, from accounts he controlled—as in the example below.




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But Farah’s role in the scheme, and specifically in leading and directing it, was not

merely financial. Farah also instructed his co-conspirators in the creation of bogus

documentation, including fake invoices and fake rosters.




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Ex. E-83. And, because Farah was involved in this scheme at every step, trial

evidence also showed that he personally submitted fraudulent claims.




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      Abdiaziz Farah led the defendants charged in this indictment. He directed the

scheme and his co-conspirators both logistically and financially. And when time came

to divide the spoils of their efforts, time and time again it was Farah who decided who

got what. His conduct meets the rule and spirit of the leader/organizer enhancement.

The government submits that a just sentence requires its application.

      C.     The “Major Disaster” Enhancement Applies

      The Court has found in each of the four other sentences imposed so far in this

broader scheme that the “major disaster” enhancement applied. Indeed, at the May

5, 2025, sentencing of Sahra Mohamed Nur, the Court explained in detail how the at-

issue scheme—namely fraud upon the Federal Child Nutrition Program—qualifies

as offense conduct under 18 U.S.C. § 1040 and so requires application of the

enhancement. For the same reasons, the enhancement should be applied here, too.

      D.     The “Sophisticated Means” and “Sophisticated Laundering”
             Enhancements Apply

      The sophisticated means and sophisticated laundering enhancements apply.

Extensive case evidence chronicled how Farah and his conspirators used shell entities

to receive, launder, and spend the fraud proceeds. Though Farah is responsible for

the foreseeable acts of his coconspirators, his own actions subject him to this

enhancement, too, including because he created in April 2021 a shell called Empire

Enterprises which he used to receive and launder proceeds.

      The Court rightly applied the sophisticated means enhancement when

sentencing Farah’s conspirator Mukhtar Shariff, including because Shariff used shell

companies to launder his fraud proceeds. The same should occur here.


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       E.     The “Charitable Organization” Enhancement Applies

       Farah contends the Guidelines’ “charitable organization” enhancement cannot

apply where, as here, the defendant uses a charitable organization in the commission

of the offense by “acting in a business capacity.” Dkt. 825 at 17. Put differently, Farah

argues that where a defendant “represent[s] [his] endeavor is profit-seeking”—even,

apparently, where that endeavor uses a charitable organization to acquire its fraud

proceeds—the enhancement is inapplicable. This makes no sense.

        The enhancement applies whenever a defendant represents that he “was

acting to obtain a benefit” on behalf of a charitable or educational organization while

intending “to divert all or part” of that benefit to himself, for personal gain. U.S.S.G.

§ 2B1.1, App. Note. 8(B). That is what happened here. Farah and his conspirators

initially defrauded the food program through a for-profit business. When their

runaway claims, along with other fraudsters’, prompted MDE to constrain Program

participation to non-profits, Farah and his conspirators shifted their focus to using

them. Farah and his conspirators used ThinkTechAct Foundation, among other

nonprofits, to further bilk the system. They used ThinkTechAct to open numerous

fraudulent food sites and thereby received more than $21 million. Ex. M-30. More

than $12 million of those funds were sent from ThinkTechAct to Abdiaziz Farah’s

company, Empire Cuisine & Market, and another $3 million went to a related entity

created by Abdiaziz Farah, Empire Enterprises. 4



4 At trial,the government introduced records of the various bank accounts opened in the
name of Empire Cuisine & Market, Exs. O-7, O-8, O-9, as well as a chart summarizing all
the funds that flowed into, and out of, the account, Ex. M-13a. Financial records related to
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      Farah’s argument seemingly calls back to the defense he and some

codefendants deployed at trial: that the Program was poorly designed and that an

enterprising participant could lawfully and legitimately profit. The case evidence,

including testimony from MDE representative Emily Honer, showed otherwise. In

any event, Farah and his co-conspirators used nonprofits to participate in the

program and enlarge their fraudulent take. That is, they sought access to federal

benefits (i.e., federal food program reimbursements) available only to charitable

organizations. They did so intending to steal those funds for their personal gain. That

falls squarely within the enhancement language. It should be applied.

      F.     Farah Fails to Identify Any Impermissible Double Counting
             Under the Guidelines

      Farah does not identify any particular enhancements whose applications

would constitute double counting. He identifies none because there are none.

      G.     The Obstruction Enhancement Applies Because Farah
             Attempted to Flee Prosecution and He Committed Passport
             Fraud To Do So

      Farah concedes that the obstruction of justice enhancement applies, but he

argues it applies because he tried to bribe a juror in this case and not because of his

attempted flight from prosecution and related passport fraud. Dkt. 825 at 9-10 & n.4.

To be clear, the government contends this enhancement applies solely because of that

earlier conduct—not because of Farah’s attempted bribery. The government intends




Empire Enterprise’s bank accounts were introduced at trial as Exhibits M-13z, O-11 and O-
12, as were records of ThinkTechAct’s bank account, as Exhibit O-17.

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to seek just punishment for Farah’s bribery separately, in his pending bribery

prosecution before Judge Doty.

        Farah’s attempted flight from prosecution and passport fraud, however, is

more than enough to justify application of the obstruction enhancement. Indeed, the

Court applied the enhancement to Mohamed Ismail on the basis of substantially

identical conduct. Dkt. 645 at 28 (Ismail PSR); Dkt. 691 (Ismail Statement of Reasons

(adopting PSR without change)).

III.    CONCLUSION

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

Court impose upon Mr. Farah a sentence of 30 years in prison.



Dated: July 23, 2025                          Respectfully Submitted,

                                              JOSEPH H. THOMPSON
                                              Acting United States Attorney

                                            /s/ Daniel W. Bobier
                                       BY: MATTHEW S. EBERT
                                           HARRY M. JACOBS
                                           DANIEL W. BOBIER
                                           Assistant U.S. Attorneys




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