Judgment — United States v. Mohammad Ribhi Farraj, District of South Carolina (Entry Number 228)

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A judgment in a criminal case in United States v. Mohammad Ribhi Farraj, No. 4:22-cr-00140-JD-1, in the U.S. District Court for the District of South Carolina, filed April 26, 2023 as Entry Number 228 by Hon. Joseph Dawson, III, United States District Judge. The defendant pleaded guilty on December 8, 2022 to Count 1 of the superseding indictment under 18:USC 1343 &1349, with the offense ending 07/26/2022, and the remaining counts were dismissed. Judgment was imposed April 25, 2023: 10 months, split between five months in custody and five months on home detention, followed by three (3) years of supervised release. The judgment orders a $100.00 assessment and restitution of $604,074.00 to the Small Business Administration and agencies of South Carolina, New York, Florida and Arizona, with a forfeiture money judgment in the same amount.

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“Judgment — United States v. Mohammad Ribhi Farraj, District of South Carolina (Entry Number 228).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/judgment-no-4-22-cr-00140-dkt-228-a429a101da/, SHA-256 6f2ac4b5cccda19cb0ac3291dc55f8a48de603c9c4f1e8d52525649900293384.

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4:22-cr-00140-JD Date Filed 04/26/23 Entry Number 228 Page 1 of 11

‘AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 1

UNITED STATES DISTRICT COURT
District of South Carolina
)
UNITED STATES OF AMERICA ) JUDGMENT IN A CRIMINAL CASE
v. )
)
) Case Number: 4:22-cr-00140-JD-1
Mohammad Ribhi Farraj ) USM Number: 89315-509
)
) Seth Cole Rose, Retained
) Defendant’s Attorney
THE DEFENDANT:
pleaded guilty To Count 1 of the Superseding Indictment on December 8, 2022, with written plea agreement

pleaded nolo contendere to count(s)
which was accepted by the court.
was found guilty on count(s)
after a plea of not guilty.

The defendant is adjudicated guilty of these offenses:

Title & Section Nature of Offense Offense Ended Count
18:USC 1343 &1349 See Superseding Indictment 07/26/2022 1s

The defendant is sentenced as provided in pages 2 through 6 of this judgment. The sentence is imposed pursuant to
the Sentencing Reform Act of 1984.

The defendant has been found not guilty on count(s)

Count(s) 1-17 of the indictment and 2-17 of the Superseding Indictment are dismissed on the motion of the United States.

Forfeiture provision is hereby dismissed on motion of the United States Attorney.

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.

April 25, 2023
Date of Imposition of Judgment

Hon. Joseph Dawson, III, United States District Judge
Name and Title of Judge

4/26/2023
Date
4:22-cr-00140-JD Date Filed 04/26/23 Entry Number 228 Page 2 of 11

AO 245B (SCDC Rev. 10/20) Judgment in Criminal Case
Sheet 2 — Imprisonment
Judgment — Page 2 of 6
DEFENDANT &
CASE NUMBER: 4:22-cr-00140-JD-1, Mohammad Ribhi Farraj

IMPRISONMENT

Having calculated and considered the advisory sentencing guidelines and having also considered the relevant
statutory sentencing factors contained in 18 U.S.C. § 3553(a), it is the judgment of the Court that the
defendant, Mohammad Ribhi Farraj, is hereby sentenced to 10 months, splitting the sentence between five
months in the custody of the Bureau of Prisons and serving the remaining five months on home detention in
accordance with the special condition No. 3 as stated on the record.

The court makes the following recommendations to the Bureau of Prisons

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 a.m. p.m. 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 2 p.m. 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
4:22-cr-00140-JD Date Filed 04/26/23 Entry Number 228 Page 3 of 11

AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 3 — Supervised Release
Judgment—Page 3 of 6
DEFENDANT &
CASE NUMBER: 4:22-cr-00591-JD, Mohammad Ribhi Farraj

SUPERVISED RELEASE

Upon release from imprisonment, you will be on supervised release for a term of three (3) years.

While on supervised release, the defendant shall comply with the mandatory conditions of supervision outlined in 18 U.S.C. § 3583(d)
and USSG § 5D1.3(a) and the standard (discretionary) conditions outlined in USSG 5D1.3(c) as noted in paragraphs 98 and 100 of the
presentence report.

Standard conditions of supervision 1 through 9 and 13 serve the statutory sentencing purposes of public protection and rehabilitation
pursuant to 18 U.S.C. § 3553(a)(2)(C) and (D). Standard conditions of supervision 10 and 12 serve the statutory sentencing purpose of
public protection pursuant to 18 U.S.C. § 3553(a)(2)(C). Standard condition of supervision 11 ensures that the defendant does not engage in
activities that ay potentially conflict with the other conditions of supervision and that may pose risks to the defendant’s probation officer.
The defendant shall also comply with the following special conditions for the reasons set forth in the presentence report which has
previously been adopted by the Court as the finding of facts for the purposes of sentencing:

1. The defendant shall pay any unpaid restitution at a monthly rate of $200, beginning 30 days after release. The defendant shall
submit financial documents and verification of income to the U.S. Probation Officer as requested. The Court reserves the right to increase
payments based upon any increase in financial status.

2. The defendant shall not open additional lines of credit without the approval of the U.S. Probation Office.

3. For the first 8 months of probation, you must be monitored on home detention with location monitoring technology at the
discretion of the officer and you must follow the rules and regulations of the location monitoring program. You must contribute to the cost
of such program not to exceed an amount determined reasonable by the court approved "U.S. Probation Office's Sliding Scale for Services".

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 the location where 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)

You must comply with the standard conditions that have been adopted by this court as well as with any other conditions on the attached
page.
4:22-cr-00140-JD Date Filed 04/26/23 Entry Number 228 Page 4 of 11

AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 3A — Supervised Release
Judgment—Page 4 of 6
DEFENDANT &
CASE NUMBER: 4:22-cr-00140-JD-1, Mohammad Ribhi Farraj

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, based on your criminal record, personal history or characteristics, that you pose a risk to another
person (including an organization), the probation officer, with the prior approval of the Court, 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
4:22-cr-00140-JD Date Filed 04/26/23 Entry Number 228 Page 5 of 11

AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 5 — Criminal Monetary Penalties
Judgment — Page 5 of 6
DEFENDANT &
4:22-cr-00140-JD-1, Mohammad Ribhi Farraj
CASE NUMBER:
CRIMINAL MONETARY PENALTIES
The defendant must pay the total criminal monetary penalties under the schedule of payments on Sheet 6.

Assessment Restitution Fine AVAA Assessment* JVTA Assessment**
TOTALS $ 100.00 $ 604,074.00 $ $ $

The determination of restitution is deferred until . An Amended Judgment in a Criminal Case (AO 245C) will be
entered after such determination.

X 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, unless specified otherwise
in the priority order or percentage payment column below. However, pursuant to 18 U.S.C. § 3664(i), all nonfederal victims must be
paid before the United States is paid.

Name of Payee Total Loss*** Restitution Ordered Priority or Percentage
1. South Carolina Department of
Employment and Workforce:
ATTN: Collections Unit $27,361.00 $27,361.00

2. New York State Department of
Labor
ATTN: Unemployment Insurance
Division $283,209.00 $283,209.00

3. Florida Department of Economic
Opportunity
ATTN: Benefit Payment Control $134,183.00 $134,183.00

4. Arizona Department of Economic
Security of Accounts Receivable and
Collections $9,321.00 $9,321.00

5. Small Business Administration $150,000.00 $150,000.00
TOTALS $ 604, 074.00 $ 604,074.00

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 on Sheet 6 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 fine restitution.
the interest requirement for 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.
4:22-cr-00140-JD Date Filed 04/26/23 Entry Number 228 Page 6 of 11

AO 245B (SCDC Rev. 10/20) Judgment in a Criminal Case
Sheet 6 — Schedule of Payments
Judgment — Page 6 of 6
DEFENDANT &
CASE NUMBER: 4:22-cr-00140-JD-1, Mohammad Ribhi Farraj

SCHEDULE OF PAYMENTS

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

Lump sum payment of $100.00, special assessment, due immediately and $604,074.00 restitution, due immediately,

not later than , or
in accordance with 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 installments of to commence days after the date of this judgment; or

D Payment in equal monthly installments of $200.00 to commence 30 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:

Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due
during the period of 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 4:22cr140-JD
Defendant and Co-Defendant Names Joint and Several Corresponding Payee,
(including defendant number) Total Amount Amount if appropriate
Mohammad Ribhi Farraj (1), Defendant $604,074.00 $454,074.00 See payee list
$454,074.00 See payee list
Nariman Mahmoud Masoud (2) co-defendant $454,074.00 See payee list
$454,074.00 $454,074.00
Marvet Masoud (3) co-defendant See payee list
$454,074.00 $454,074.00
Susan Masoud (4) co-defendant

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:
As directed in the Preliminary Order of Forfeiture, filed 4/5/2023 and the said order is incorporated herein as part of this judgment.

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.
4:22-cr-00140-JD Date Filed 04/26/23 Entry Number 228 Page 7 of 11

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

UNITED STATES OF AMERICA ) CRIMINAL NO.: 4:22-cr-00140-JD-1
)
v. )
)
MOHAMMAD RIBHI FARRAJ )

PRELIMINARY ORDER OF FORFEITURE
AS TO MOHAMMAD RIBHI FARRAJ

This matter is before the court on the motion of the United States for a Preliminary

Order of Forfeiture as to Defendant Mohammad Ribhi Farraj, (“Farraj”, “Defendant”),

based upon the following:

1. On July 26, 2022, a Superseding Indictment (“Indictment”) was filed charging

Farraj with:

Count 1: Conspiracy to commit wire fraud related to the
fraudulent application for, and receipt of,
Unemployment Insurance benefits in New York,
Florida, and South Carolina, in violation of 18
U.S.C. §§1343 and 1349;

Counts 2-11: Wire fraud related to the fraudulent application for, and
receipt of, Unemployment Insurance benefits in New
York, Florida, and South Carolina, in violation of 18
U.S.C. §1343;

Counts 12-15: Aggravated identity theft, in violation of 18 U.S.C.
§§1028A(a)(1) and 2;

Count 16: Wire fraud related to the fraudulent application for, and
receipt of, Small Business Administration Economic
Injury Disaster Funds, in violation of 18 U.S.C. § 1343;

Count 17: Money laundering, in violation of 18 U.S.C. § 1957.

Order, p. 1 of 5
4:22-cr-00140-JD Date Filed 04/26/23 Entry Number 228 Page 8 of 11

2. Pursuant to Fed. R. Crim. P. 32.2(a), the Indictment contained a forfeiture

allegation providing that, upon Farraj’s conviction, certain properties enumerated therein,

or equivalent substitute assets, would be subject to forfeiture to the United States. As

specified therein, such assets include, but are not limited to, the following:

A. Cash Proceeds/Forfeiture Judgment:1

A sum of money equal to all proceeds the Defendants obtained
directly or indirectly as the result of the offenses charged in this
Superseding Indictment, and all interest and proceeds traceable
thereto, and/or that such sum equals all property derived from or
traceable to their violations of 18 U.S.C. §§ 1343 and 1349.

B. Real Property:

203 Highway 301 South2
Dillon, South Carolina 29536

All that certain piece, parcel or lot of land, with improvements
thereon, situate, lying and being in the city of Dillon, County of Dillon,
State of South Carolina fronting on the West 150 feet on U.S. Hwy.
No. 301; and measuring and being bounded as follows, to wit: on the
North, measuring 150 feet, more or less, by Hampton Street; on the
East, measuring 150 feet by a City Alley; and on the South,
measuring 150 feet, more or less, by property owned by Joseph E.
Coward and is being conveyed to the Grantee herein simultaneously
with this Deed. Reference is made to a Map surveyed for Dilmar Oil
Co by M.C. Moody, R.L.S., on August 23, 1982, and recorded in the
Office of the Clerk of Court for Dillon County in Plat Book 16 at Page
88. Also, reference is made to a Recombination Survey prepared for
Joseph E. Coward and Anthony W. Coward prepared on March 21,
2017, by William E. Hayes, PLS, and recorded in the Office of the
Clerk of Court for Dillon County in Plat Book 46 at Page 304.

This is the same property conveyed to Ahmad M. Mustafa and Amjad
Abudayya by Deed of Joseph E. Coward dated April 19, 2017 and

1
The government is pursuing a forfeiture judgment against the defendant in the
amount of $604,074.00.
2
The government is not pursuing the forfeiture of the real property located at 203
Highway 301 South, Dillon, SC.
Order, p. 2 of 5
4:22-cr-00140-JD Date Filed 04/26/23 Entry Number 228 Page 9 of 11

recorded in the Office of the Clerk of Court for Dillon County in Deed
Book 606 at Page 130.

Tax Map No.: 059-10-36-001

3. On December 1, 2022, Farraj signed a plea agreement, agreeing to

forfeiture, and on December 8, 2022, he entered a plea of guilty as to Count 1 of the

Superseding Indictment.

4. Based upon Defendant’s conviction, the court has determined that the

government has established the requisite nexus between the amount of proceeds and

the offense for which Farraj has been convicted; therefore, the United States is entitled

to a preliminary order of forfeiture, subject to the provisions of 21 U.S.C. § 853 governing

third party rights. The court has determined that the property described above is subject

to forfeiture, pursuant to 18 U.S.C. §§ 981(a)(1)(C), 982(a)(1) and 28 U.S.C. § 2461(c).

Therefore, it is ORDERED that all property, real or personal, which constitutes or is

derived from proceeds traceable to Defendant’s violations of Title 18, United States Code,

Sections 1343 and 1349 are forfeited to the United States.

5. The Court further finds that one or more of the conditions set forth in Title

21, United States Code, Section 853(p), exists.

6. It is, therefore, ORDERED that the United States is entitled to forfeit

substitute assets equal to the value of the proceeds obtained by Defendant Farraj as a

result of his violations of Title 18, United States Code, Sections 1343 and 1349, and that

such substitute assets shall not exceed the value of the proceeds Defendant Farraj

obtained of $604,074.00.

Order, p. 3 of 5
4:22-cr-00140-JD Date Filed 04/26/23 Entry Number 228 Page 10 of 11

Accordingly, it is hereby ORDERED,

1. The below-described property, and all right, title, and interest of the

Defendant, Mohammad Ribhi Farraj, in and to such property, is hereby forfeited to the

United States of America, for disposition in accordance with law, subject to the rights of

third parties in such property under 21 U.S.C. § 853(n).

2. FORFEITURE IS ENTERED against Mohammad Ribhi Farraj and in favor

of the United States in the amount of $604,074.00, along with appropriate costs and

interest thereon at the rate provided for in 28 U.S.C. § 1961 as of the date of entry of

judgment until paid in full. The United States may at any time move pursuant to Rule

32.2(e) to amend this Order of Forfeiture to substitute property to satisfy the judgment.

3. The United States may sell or otherwise dispose of any substitute assets in

accordance with law as required to satisfy the above imposed judgment.

4. Upon entry of this Order, the United States Attorney is authorized to conduct

proper discovery in identifying, locating, or disposing of the described property, or other

substitute assets, in accordance with Fed. R. Crim. P. 32.2(b)(3); and to commence

proceedings that comply with statutes governing third party rights, if applicable.

5. The government is not required to publish notice regarding the judgment

against Defendant; however, the Order shall be recorded in the records of the County

Clerk’s Office in the County of the debtor’s residence, place of business, and any and all

other counties in which the debtor has either real or personal property, as a lien thereon.

6. Upon entry of the criminal judgment, this Order becomes final as to

Defendant and shall be made a part of the sentence and included in the criminal

judgment.

Order, p. 4 of 5
4:22-cr-00140-JD Date Filed 04/26/23 Entry Number 228 Page 11 of 11

7. The court shall retain jurisdiction to enforce this Order and to amend it as

necessary, pursuant to Fed. R. Crim. P. 32.2(e).

8. The Clerk, United States District Court, shall provide one (1) certified copy

of this Order to the United States Attorney’s Office.

AND IT IS SO ORDERED.

April 5, 2023
Florence, South Carolina

Order, p. 5 of 5

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