Motion for Downward Departure — United States v. Mohammad Ribhi Farraj, No. 4:22-cr-00140-JD (Dkt. 216, D.S.C.)
Summary
In this motion filed April 20, 2023 (Entry Number 216) in United States v. Mohammad Ribhi Farraj, No. 4:22-cr-00140-JD in the District of South Carolina, Florence Division, the United States asks the court to depart downward from the Sentencing Guidelines under U.S.S.G. § 5K1.1 and 18 U.S.C. § 3553(e). Farraj pleaded guilty on December 8, 2022 to conspiracy to commit wire fraud related to unemployment insurance benefits under a plea agreement in which the Government agreed to seek a reduction for substantial assistance. The motion states that after indictment Farraj admitted involvement and gave information about co-defendants that was used in their prosecution, and that the case agent agrees the assistance warrants the motion. Further details were to be given at sentencing, scheduled for April 25, 2023. The motion is signed by Assistant United States Attorney Lauren L. Hummel.
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4:22-cr-00140-JD Date Filed 04/20/23 Entry Number 216 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
UNITED STATES OF AMERICA ) CRIMINAL NO.: 4:22-cr-00140-JD
)
vs. )
) MOTION FOR DOWNWARD
MOHAMMAD RIBHI FARRAJ ) DEPARTURE
_____________________________________ )
The United States, by and through its undersigned attorney, respectfully moves pursuant
to § 5K1.1 of the United States Sentencing Guidelines and 18 U.S.C. § 3553(e), that this Honorable
Court depart downward from the applicable Guidelines regarding the Defendant, Mohammad
Ribhi Farraj. Defendant pleaded guilty on December 8, 2022, to conspiracy to commit wire fraud
related to unemployment insurance benefits pursuant to a written plea agreement, wherein the
Government agreed to move the Court for a downward departure or reduction in sentence pursuant
to U.S.S.G. § 5K1.1, 18 U.S.C. § 3553(e), or Federal Rule of Criminal Procedure 35(b), provided
that he cooperated and his cooperation was deemed by the Government to provide substantial
assistance. The Government now moves the Court for a downward departure pursuant to § 5K1.11
based on Defendant’s substantial assistance in the prosecution of other individuals.
1
U.S.S.G. § 5K1.1 provides that, upon motion of the Government stating that a defendant has
made a good faith effort to provide substantial assistance in the investigation or prosecution of
another person who committed an offense, the Court may depart from the Guidelines. The Section
further provides that the appropriate reduction shall be determined by the Court for reasons that
may include, but are not limited to, consideration of the following conduct: (1) the Court’s
evaluation of the significance and usefulness of the defendant’s assistance, taking into
consideration the Government’s evaluation of the assistance rendered; (2) the truthfulness,
completeness, and reliability of any information or testimony provided by the defendant; (3) the
nature and extent of a Defendant’s assistance; (4) any injury suffered, or any danger or risk of
injury to a defendant or his family resulting from his assistance; and (5) the timeliness of a
defendant’s assistance.
4:22-cr-00140-JD Date Filed 04/20/23 Entry Number 216 Page 2 of 2
In support of its Motion, the United States would show the following:
1. After his indictment, Defendant cooperated by admitting his involvement in his
crimes and providing information concerning the involvement of his co-defendants.
2. Information provided by Defendant was used in the prosecution of his co-
defendants. The Government will provide the Court with additional details serving as the basis
for this motion at the sentencing, scheduled for April 25, 2023.
3. The case agent has been consulted and agrees that Defendant has provided
sufficient substantial assistance to warrant this motion by the Government.
The Government views the Defendant’s cooperation as warranting a departure under the
applicable law. Therefore, the Government would move this Court to depart downward from the
sentencing range established by the U.S. Sentencing Guidelines.
Respectfully submitted,
ADAIR F. BOROUGHS
UNITED STATES ATTORNEY
By: /s/ Lauren L. Hummel
Lauren L. Hummel (#12523)
Assistant United States Attorney
401 West Evans Street, Suite 222
Florence, South Carolina 29501
843-667-3993
lauren.hummel@usdoj.gov
April 20, 2023
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