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Home Source documents Court filing — United States v. Farah (Dkt. 856, D. Minn.)

Court filing — United States v. Farah (Dkt. 856, D. Minn.)

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     CASE 0:22-cr-00124-NEB-DTS       Doc. 856    Filed 08/13/25   Page 1 of 12




                      UNITED STATES DISTRICT COURT
                          DISTRICT OF MINNESOTA
                      Criminal No. 22-124(8) (NEB/DTS)

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


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

Thompson, Acting United States Attorney for the District of Minnesota, and 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 87 months in prison.

I.    BACKGROUND

      Defendant Hayat Nur 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 her conspirators obtained, misappropriated,

and laundered more than $50 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. Nur and her conspirators took advantage of

the Covid-19 pandemic—and the resulting program changes—to enrich themselves
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by fraudulently misappropriating millions of dollars in federal child nutrition

program funds.

      Nur was recruited to the fraud scheme by her brother and co-defendant

Abdimajid Nur. Her brother recruited her to create fake documents to support the

fraud. These included all the core materials necessary to the scheme’s success: fake

meal count sheets, fake invoices, and fake attendance rosters containing the names

of the children purportedly fed by the conspirators. At trial, the government

introduced exhibits showing Abdimajid Nur training Hayat Nur on how to create

these bogus documents.




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Gov’t Ex. F-6. Hayat put her brother’s instruction to practice and developed other

means of crafting fraudulent documentation more quickly. For instance, in one email,

Hayat Nur forwarded herself a shell invoice that could be edited—which she termed

a “master document.”




Gov’t Ex. D-42.

      Hayat Nur used this “master document” to create fraudulent invoices

purporting to document the purchase of food to serve to children.




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Gov’t Ex. D-44. She also created and sent fraudulent rosters listing the names of

hundreds or thousands of fictitious children that she and her conspirators claimed to

have fed.




      The fake meal counts and invoices created by Hayat Nur were the backbone of

the scheme. They substantiated the defendants’ fraudulent claims and satisfied their


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sponsors’ minimal requirements to process reimbursements. Hayat Nur created fake

documentation claiming that she and her conspirators operated 20 food distribution

sites across the state which, combined, purportedly served hundreds and sometimes

thousands of meals to children every day. The false claims represented by those

materials were stunning. In one single invoice from January 2022, the conspirators

claimed entitlement to nearly $2.2 million.




Gov’t Ex. G-359.


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      But Hayat Nur did not merely create those documents. She was often the one

who submitted them for payment. In one January 2022 email alone, Hayat Nur

submitted to Partners in Nutrition invoices purporting to document the purchase of

more than $10 million in food and other supposed program expenses.




Gov’t Ex. D-48.




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II.    THE PRESENTENCE INVESTIGATION REPORT

       A.    The Base Offense Level and Loss Amount

       The base offense level is 7 pursuant to Guidelines § 2B1.1(a)(1). PSR ¶102. 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 ¶103. The offense

level is increased 2 levels pursuant to Guidelines § 2B1.1 because the offense involved

sophisticated means, including the falsification of documents used to submit

fraudulent claims in which Nur was directly involved. PSR ¶104. 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 ¶105. 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 ¶110.

       The offense level is decreased by 2 levels pursuant to Guidelines § 3B1.2(b)

because Nur was a minor participant in the offense. PSR ¶107. The offense level is

decreased by 2 levels because she qualifies as a zero-point offender pursuant to

Guidelines 4C1.1(a) and (b). PSR ¶110.

       Based on the above, the total offense level is 29. PSR ¶118. The government

agrees with this calculation.

       B.    Criminal History

       Nur has no significant criminal history, only two minor traffic offenses.

Accordingly, she falls into criminal history category I. PSR ¶118.



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        C.    Advisory Guidelines Range

        An offense level of 29 and criminal history level I results in an advisory

Guidelines range of 87 to 108 months in prison.

III.    THE GOVERNMENT’S SENTENCING RECOMMENDATION

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

the Court impose a sentence of 87 months in prison.

        A.    Nature and Circumstances of the Offense

        Nur participated in 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.

She took advantage of a once-in-a-century global pandemic to enrich herself. She

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

that no child goes without food.

        Notably, Nur and her conspirators were among the first to get involved in the

massive scheme to fraudulently obtain federal child nutrition program funds. Empire

Cuisine, one of the entities on whose behalf Nur submitted claims and fabricated

invoices, was one of the companies that forced MDE to change the rules to prohibit

for-profit restaurants for operating federal child nutrition program sites. But the

pressure from MDE did not deter Nur or her conspirators. They simply carried on by

opening sites through a variety of non-profits.

        Nur asks the Court to consider her, for purposes of the guidelines calculation,

a minimal participant in the crime. The government submits that would fail to

accurately describe her involvement. As discussed above, this fraud would not have

occurred and could not have worked but for the conspiracy’s fake documentation.

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Those documents were the necessary ingredient to the conspirators’ extraction of

some $40 million from the Federal Child Nutrition Program. And it was Nur’s role to

create, and often submit, those documents. Nur’s representation in her sentencing

pleading that she only became involved at the eleventh hour is not accurate. By

June 2021, Nur was already generating bogus documents. (See above, Gov’t Ex. F-6.)

From just that point on, Nur and her conspirators fraudulently claimed entitlement

to more than $22 million in program reimbursements. At times in that period, a single

month’s worth of the conspiracy’s claims exceeded $3 and even $4 million.

      It is true that Nur did not recruit or direct others in the scheme, nor exercise

supervision over her conspirators. That distinguishes her from many of her co-

defendants, and in recognition of that relatively smaller role the government agrees

that Nur qualifies as a minor participant. But the importance and duration of Nur’s

involvement should preclude treating her as a minimal participant. Although her role

in the fraud scheme may have been smaller than that of some of her conspirators,

Hayat Nur nevertheless played a key role in the scheme. Frauds of this magnitude

cannot be carried out alone. Having different individuals involved in different aspects

of the fraudulent scheme allowed all of the defendants—including Hayat Nur—to

claim they had no knowledge of the fraud. Indeed, at trial, Abdiaziz Farah, Mohamed

Ismail, and Mukhtar Shariff claimed they did not fill out the fraudulent meal counts

or create the fraudulent invoices and therefore had no knowledge of the fraud scheme.

Meanwhile, Hayat Nur and her brother Abdimajid claimed that they did nothing

more than create and fill out documents at the directions of others, without knowing



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those documents’ fraudulent nature. This was by design. In reality, all of the

defendants knew of and participated in the fraud but they structured their conspiracy

to conceal their knowledge and involvement in it. And Hayat Nur’s role in creating

the fake documents was a key part of that concealment.

       B.     History and Characteristics of the Defendant

       Nothing in Nur’s background explains or excuses her crime. While her early

childhood was traumatic, Nur escaped her troubled life abroad and came to live in

the U.S. with her family in 2010. Since then, she managed to create an ostensibly

successful and stable life for herself. She graduated from high school, then college,

then enrolled in a master’s program. She found gainful employment and a husband

and by all accounts had succeeded in creating for herself the stability that her early

years lacked. It was in 2021, at the very time she was finishing her graduate work

and that she married her husband, that Nur joined this conspiracy. In short, Nur

seems not to have been pushed to criminality by her background, but rather drawn

to criminality in spite of it.

       C.     The Need for Deterrence

       Nur 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 Nur did not just take advantage of the Covid-19 pandemic to enrich herself and

her conspirators. She took advantage of Minnesota’s compassion and its efforts to

ensure no child went hungry.

       Make no mistake, Nur’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

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system of social services. Although Nur played a relatively smaller role in the massive

fraud scheme than some of her conspirators, her actions, and the actions of many

similarly situated less culpable defendants, undermined and endangered legitimate

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

charitable work.

      Importantly in this particular case, the Court must send the message that

fraud schemes like this are not worth it and that individuals who participate in fraud

schemes such as this one will pay a stiff price when they are caught.

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

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

submits that a sentence of 87 months in prison appropriately reflects the seriousness

of Nur’s crimes, promotes respect for the law, provides a just punishment, and creates

adequate deterrence not only to Nur, but to all other individuals who take advantage

of the state and believe that they are above the law.




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IV.    CONCLUSION

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

Court impose a sentence of 87 months in prison.



                                             Respectfully Submitted,

Dated: August 13, 2025                       JOSEPH H. THOMPSON
                                             Acting United States Attorney

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




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