Preliminary Order of Forfeiture as to Abdiaziz Shafii Farah (1) — USA v. Farah et al (Dkt. 665, D. Minn.)

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Preliminary Order of Forfeiture as to Abdiaziz Shafii Farah (1) in United States v. Farah et al, Case No. 22-CR-124 (NEB/DTS), in the U.S. District Court for the District of Minnesota, Doc. 665, filed September 27, 2024. The order grants the United States' Amended Motion for a Preliminary Order of Forfeiture (ECF No. 657), citing the jury's verdict of Guilty on listed counts of the Superseding Indictment. It lists seized funds, real property, vehicles and other items as forfeited and enters a money judgment forfeiture of $19,074,336.02 against Farah. It also orders forfeiture of property involved in the Conspiracy to Commit Money Laundering charged in Count 20, and is signed by Nancy E. Brasel, United States District Judge.

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      CASE 0:22-cr-00124-NEB-DTS           Doc. 665      Filed 09/27/24    Page 1 of 5




                            UNITED STATES DISTRICT COURT
                               DISTRICT OF MINNESOTA


 UNITED STATES OF AMERICA,                            Case No. 22‐CR‐124 (NEB/DTS)

               Plaintiff,

 v.                                                     PRELIMINARY ORDER OF
                                                             FORFEITURE
 ABDIAZIZ SHAFII FARAH (1),

                       Defendant.



       Based on the United States’ Amended Motion for a Preliminary Order of

Forfeiture, (ECF No. 657); on the Superseding Indictment, (ECF No. 57); on the evidence

admitted at trial in this matter; on the Jury’s verdict of Guilty on Counts 1, 5–7, 9–11, 13,

14, 17, 20, 22–26, 29, 32, 33, 37, 39, 42, and 43 of the Superseding Indictment, (ECF No. 557);

on the Declaration of Lacramioara Blackwell, (ECF No. 658); and on the Court having

found that certain property is subject to forfeiture pursuant to 18 U.S.C. Section

981(a)(1)(C) in conjunction with 28 U.S.C. Section 2461(c), and 18 U.S.C. Section 982(a)(1),

the United States has established the requisite nexus between such property and the

offenses to which Defendant Abdiaziz Shafii Farah has been found guilty, IT IS HEREBY

ORDERED that:

       1.     The United States’ Amended Motion for a Preliminary Order of Forfeiture

(ECF No. 657) is GRANTED;
      CASE 0:22-cr-00124-NEB-DTS         Doc. 665     Filed 09/27/24    Page 2 of 5




      2.      The following property is forfeited to the United States pursuant to 18

U.S.C. Section 981(a)(1)(C) in conjunction with 28 U.S.C. Section 2461(c):

           a. $418,532.30 seized from US Bank account No. 104786619932, held in the
              name of Empire Cuisine and Market LLC;
           b. $4,000,422.57 seized from JP Morgan Chase Bank account No. 761580833,
              held in the name of Empire Cuisine and Market LLC;
           c. $1,286,805.76 seized from JP Morgan Chase Bank account No. 736875953,
              held in the name of Empire Enterprises LLC;
           d. $1,249,912.71 seized from 1st United Bank account No. 011707940100 held
              in the name of Johnson‐Reiland Builders and Remodelers Inc.;
           e. $460,319.56 seized from JP Morgan Chase Bank account No. 736929651,
              held in the name of Abdiaziz Farah;
           f. $132,449.90 seized from Stock Yards Bank and Trust account
              No. 420000534, held in the name of BBI, LLC;
           g. 15418 Hampshire Lane in Savage, Minnesota;
           h. 3847 Cane Run Road, Louisville, Kentucky;
           i. 438 Stonewood Lane, Burnsville, Minnesota;
           j. The real property located at 5594 Candy Cove Trail SE, Prior Lake,
              Minnesota;
           k. The real property located at 5604 Candy Cove Trail SE, Prior Lake,
              Minnesota;
           l. The real property located at 6200 South 3rd Street, Louisville, Kentucky;
           m. A 2021 GMC Sierra PK, VIN 3GTU9DED8MG424943;
           n. A 2021 Porsche Macan S, VIN WP1AB2A50MLB35910;
           o. A 2021 Nissan Murano, VIN: 5N1AZ2CS8MC145760;
           p. 2022 Tesla Model Y, VIN: 7SAYGDEF6NF340638;
           q. $60,350.00 in United States Currency seized from a 2021 GMC Sierra PK,
              VIN 3GTU9DED8MG424943 on January 20, 2022;
           r. $5,954.55 in United States Currency seized from 15418 Hampshire Lane,
              Savage, Minnesota on January 20, 2022; and
           s. Miscellaneous jewelry, clothing and electrical devices seized from 15418
              Hampshire Lane, Savage, Minnesota on January 20, 2022.1




1The miscellaneous jewelry, clothing and electrical devices seized from 15418 Hampshire
Lane, Savage, Minnesota on January 20, 2022, are more fully described in the Appendix
attached to this Order.


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      CASE 0:22-cr-00124-NEB-DTS          Doc. 665    Filed 09/27/24   Page 3 of 5




       3.      The following property is forfeited to the United States pursuant to 18

U.S.C. Section 982(a)(1):

            a. $424,695.03 seized from US Bank account No. 104786619932, held in the
               name of Empire Cuisine and Market LLC
            b. $4,000,422.57 seized from JP Morgan Chase Bank account No. 761580833,
               held in the name of Empire Cuisine and Market LLC;
            c. $1,286,805.76 seized from JP Morgan Chase Bank account No. 736875953,
               held in the name of Empire Enterprises LLC;
            d. $1,249,912.71 seized from 1st United Bank account No. 011707940100 held
               in the name of Johnson‐Reiland Builders and Remodelers Inc.;
            e. $460,319.56 seized from JP Morgan Chase Bank account No. 736929651,
               held in the name of Abdiaziz Farah;
            f. $132,449.90 seized from Stock Yards Bank and Trust account
               No. 420000534, held in the name of BBI, LLC;
            g. 15418 Hampshire Lane in Savage, Minnesota;
            h. 3847 Cane Run Road, Louisville, Kentucky;
            i. 438 Stonewood Lane, Burnsville, Minnesota;
            j. The real property located at 5594 Candy Cove Trail SE, Prior Lake,
               Minnesota;
            k. The real property located at 5604 Candy Cove Trail SE, Prior Lake,
               Minnesota;
            l. The real property located at 6200 South 3rd Street, Louisville, Kentucky;
            m. A 2021 GMC Sierra PK, VIN 3GTU9DED8MG424943;
            n. A 2021 Porsche Macan S, VIN WP1AB2A50MLB35910;
            o. A 2021 Nissan Murano, VIN: 5N1AZ2CS8MC145760;
            p. 2022 Tesla Model Y, VIN: 7SAYGDEF6NF340638;
            q. $60,350.00 in United States Currency seized from a 2021 GMC Sierra PK,
               VIN 3GTU9DED8MG424943 on January 20, 2022;
            r. $5,954.55 in United States Currency seized from 15418 Hampshire Lane,
               Savage, Minnesota on January 20, 2022; and
            s. Miscellaneous jewelry, clothing and electrical devices seized from 15418
               Hampshire Lane, Savage, Minnesota on January 20, 2022.

       4.      A money judgment forfeiture is ENTERED against Defendant Abdiaziz

Farah pursuant to 18 U.S.C. Section 981(a)(1)(C) and 28 U.S.C. Section 2461(c), and 18

U.S.C. Section 982(a)(1) in the amount $19,074,336.02;


                                            3
      CASE 0:22-cr-00124-NEB-DTS           Doc. 665     Filed 09/27/24     Page 4 of 5




       5.     Defendant Farah shall receive a credit against the money judgment

forfeiture for the net forfeited value of each asset that is forfeited from him in connection

with this case;

       6.     Defendant Farah is ORDERED to forfeit, pursuant to 18 U.S.C.

§ 981(a)(1)(C), 28 U.S.C. § 2461(c), and Fed. R. Crim. P. 32.2(b)(2)(C), any property, real or

personal, constituting or derived from, any proceeds obtained, directly or indirectly, as a

result of the fraud scheme and conspiracy alleged in Counts 1, 5–7, and 9–11 of the

Superseding Indictment;

       7.     Defendant Farah is ORDERED to forfeit, pursuant to 18 U.S.C. § 982(a)(1)

and Fed. R. Crim. P. 32.2(b)(2)(C), any property, real or personal, involved in the

Conspiracy to Commit Money Laundering charged in Count 20 of the Superseding

Indictment, and any property traceable to such property;

       8.     Pursuant to Fed. R. Crim. P. 32.2(b)(3) and (c)(1)(B), and 21 U.S.C. Section

853(m), the United States may conduct discovery as to Defendant Farah to identify

property subject to forfeiture under the terms of this order and to address any factual

issues raised by a third‐party petition filed pursuant to Fed. R. Crim. P. 32.2(c);

       9.     Pursuant to Fed. R. Crim. P. 32.2(b)(4)(A) and (B), this Preliminary Order of

Forfeiture shall become final as to Defendant Farah at the time of sentencing, and shall

be made a part of the sentence and included in the judgment; and




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      CASE 0:22-cr-00124-NEB-DTS         Doc. 665      Filed 09/27/24    Page 5 of 5




      10.    This Court shall retain jurisdiction to enforce this Order, and to amend it as

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



Dated: September 27, 2024                         BY THE COURT:

                                                  s/Nancy E. Brasel
                                                  Nancy E. Brasel
                                                  United States District Judge




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