Superseding Indictment, United States v. Abdiaziz Shafii Farah (District of Minnesota, Criminal No. 22-124)

Summary

Superseding indictment in Criminal No. 22-124 (NEB/TNL), United States District Court, District of Minnesota, naming Abdiaziz Shafii Farah, Mohamed Jama Ismail, Mahad Ibrahim, Abdimajid Mohamed Nur, Abdiwahab Maalim Aftin, Mukhtar Mohamed Shariff and Hayat Mohamed Nur among the defendants. The grand jury charges that the defendants devised and carried out a $40 million scheme to defraud the federal child nutrition program, exploiting Covid-19 pandemic program changes. It alleges that Feeding Our Future, whose founder and executive director was Aimee Bock, went from receiving and disbursing approximately $3.4 million in federal funds to sites under its sponsorship in 2019 to nearly $200 million in 2021. Count 1 (Wire Fraud Conspiracy) charges a conspiracy from in or about April 2020 through in or about 2022, citing Sections 371 and 1343 of Title 18.

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

UNITED STATES OF AMERICA, SUPERSEDING INDICTMENT
Plaintiff, 18 U.S.C. § 371
18 U.S.C. § 666
Vv. 18 U.S.C. § 13438
18 U.S.C. § 1542
1. ABDIAZIZ SHAFII FARAH, 18 U.S.C. § 1956
2. MOHAMED JAMA ISMAIL, 18 U.S.C. § 1957
3. MAHAD IBRAHIM
4. ABDIMAJID MOHAMED NUR,
5. SAID SHAFIT FARAH,
6. ABDIWAHAB MAALIM AFTIN,
7. MUKHTAR MOHAMED SHARIFF,
8. HAYAT MOHAMED NUR,
Defendants.

THE UNITED STATES GRAND JURY CHARGES THAT:
At times relevant to the superseding indictment:

INTRODUCTION

1€ The defendants devised and carried out a $40 million scheme to defraud
the federal child nutrition program, a program designed to provide free meals to
children in need. The defendants obtained, misappropriated, and laundered millions
of dollars in program funds that were intended as reimbursements for the cost of
serving meals to children. The defendants capitalized on changes in the program
intended to ensure that underserved children received adequate nutrition during the
Covid-19 pandemic. The defendants exploited the Covid-19 pandemic—and the
resulting program changes—to enrich themselves by fraudulently misappropriating

millions of dollars in federal child nutrition program funds. | ers =|}
A. Background on the Federal Child Nutrition Program

2: The Food and Nutrition Service is an agency of the United States
Department of Agriculture (USDA) that administers federal child nutrition
programs, including the Summer Food Service Program and Child and Adult Care
Food Program (together, the “Federal Child Nutrition Program”).

3. The Summer Food Service Program (SFSP) is a federal program
established to ensure that children continue to receive nutritious meals when school
is not in session. The Summer Food Service Program reimburses non-profit
organizations and other participating entities that serve free healthy meals and
snacks to children and teens in low-income areas.

4. The Child and Adult Care Food Program (CACFP) is a federal program
that reimburses non-profit organizations and other participating entities that serve
healthy meals and snacks to children and adults at participating child care centers,
daycare homes, and after-school programs.

5; The Federal Child Nutrition Program operates throughout the
United States. The USDA’s Food and Nutrition Service administers the programs at
the national and regional levels by distributing federal funds to state governments,
which provide oversight over the Federal Child Nutrition Program.

6. The Minnesota Department of Education (MDE) administers the
Federal Child Nutrition Program in Minnesota.

(i Meals funded by the Federal Child Nutrition Program in Minnesota are
served at “sites.” Each site participating in the Federal Child Nutrition Program must

be sponsored by an organization that is authorized to participate in the Federal Child
Nutrition Program. Sponsors are required to submit an application to MDE for each
site. Sponsors are responsible for monitoring each of their sites and preparing
reimbursement claims for their sites.

8. Sponsors submit reimbursement claims to MDE on behalf of sites under
their sponsorship. The USDA provides federal reimbursement funds to MDE on a
per-meal basis. MDE provides the federal funds to the sponsoring agency, which in
turn pays the reimbursement funds to the sites under its sponsorship. The sponsoring
agency retains ten to fifteen percent of the funds as an administrative fee in exchange
for sponsoring the sites, submitting reimbursement claims, and disbursing the
federal funds.

9. Historically, the Federal Child Nutrition Program has provided meals
to children involved in education-based programs or activities. During the Covid-19
pandemic, the USDA waived several of the standard requirements for participation
in the Federal Child Nutrition Program. Among other things, the USDA allowed
for-profit restaurants to participate in the program. It also allowed for food
distribution to children outside of educational programs. At the same time, the state
government's stay-at-home order and telework policies made it more difficult to
oversee the program. These changes left the program vulnerable to fraud and abuse.

B, Feeding Our Future

10. Feeding Our Future was a Minnesota non-profit organization
purportedly in the business of helping community partners participate in the Federal

Child Nutrition Program. Aimee Bock was the founder and executive director of
Feeding Our Future. Feeding Our Future was an approved sponsor of the
Federal Child Nutrition Program.

11. Prior to the onset of the Covid-19 pandemic, Feeding Our Future was a
small non-profit that sponsored the participation of Minnesota daycares and
after-school programs in the Federal Child Nutrition Program.

12. Beginning in approximately April 2020, Feeding Our Future
dramatically increased the number of sites under its sponsorship as well as the
amount of Federal Child Nutrition Program funds received by those sites.
Feeding Our Future went from receiving and disbursing approximately $3.4 million
in federal funds to sites under its sponsorship in 2019 to nearly $200 million in 2021.

13. Aimee Bock oversaw a scheme to defraud, carried out by sites under the
sponsorship of Feeding Our Future. Aimee Bock and Feeding Our Future sponsored
entities that submitted fraudulent reimbursement claims and fake documentation.
In 2020 and 2021, Aimee Bock and her company sponsored the opening of nearly
200 Federal Child Nutrition Program sites, knowing that the sites were submitting
fraudulent claims.

14. In exchange for sponsoring the sites’ fraudulent participation in the
program, Feeding Our Future received nearly $18 million in Federal Child Nutrition
Program funds as administrative fees in 2021. Because the amount of administrative
fees it received was based on the amount of federal funds received by sites under its

sponsorship, Feeding Our Future received tens of millions of dollars in administrative
fees to which it was not entitled, due to its sponsorship and facilitation of fraudulent
sites participating in the program.

15. In addition to receiving tens of millions of dollars in administrative fees,
Feeding Our Future employees solicited and received bribes and kickbacks from
individuals and sites under the sponsorship of Feeding Our Future. In effect,
Feeding Our Future operated a “pay-to-play” scheme in which individuals seeking to
operate fraudulent sites under the sponsorship of Feeding Our Future had to kick
back a portion of their fraudulent proceeds to Feeding Our Future employees. Many
of these kickbacks were paid in cash or disguised as “consulting fees” paid to shell
companies created by Feeding Our Future employees to conceal the true nature of
the payments and to make them appear legitimate.

C, Sponsor A

16. Sponsor A was a Minnesota non-profit organization purportedly in the
business of helping community partners participate in the Federal Child Nutrition
Program. Like Feeding Our Future, prior to the onset of the Covid-19 pandemic,
Sponsor A was a small non-profit that sponsored the participation of daycares and
after-school programs in the Federal Child Nutrition Program.

17. Beginning in approximately April 2020, Sponsor A dramatically
increased the number of sites under its sponsorship as well as the amount of
Federal Child Nutrition Program funds received by those sites. The company went
from receiving and disbursing approximately $5.6 million in federal funds to sites
under its sponsorship in 2019 to more than $200 million in 2021. In 2021, sites under

the sponsorship of Sponsor A claimed to have served more than 80 million meals to
children in Minnesota. Many of the sites operating under the sponsorship of
Sponsor A fraudulently inflated their claims in order to appear that they were
providing more food to children than was true. Together, the defendants claimed to
be serving meals to tens of thousands of children each day throughout the State of
Minnesota, for which they fraudulently claimed and received millions of dollars in
Federal Child Nutrition Program funds.

D. The Defendants and Their Roles
18. Defendants ABDIAZIZ FARAH and MOHAMED ISMAIL were

co-owners and operators of Empire Cuisine and Market LLC (“Empire Cuisine and
Market”), a for-profit restaurant located in Shakopee, Minnesota. ABDIAZIZ FARAH
registered Empire Cuisine and Market with the State of Minnesota in or about
April 2020. Through Empire Cuisine and Market, ABDIAZIZ FARAH and
MOHAMED ISMAIL participated in the Federal Child Nutrition Program both asa
site and as a meal vendor under the sponsorship of both Feeding Our Future and
Sponsor A. As a meal vendor, Empire Cuisine and Market was supposed to provide
food or meals to sites participating in the Federal Child Nutrition Program;
Empire Cuisine and Market would be reimbursed for the cost of the food and meals
it actually provided to the public. In all, Empire Cuisine and Market received more
than $28 million in Federal Child Nutrition Program funds between approximately
May 2020 and January 2022.

19. ABDIAZIZ FARAH also owned and operated Empire Enterprises LLC
(“Empire Enterprises”), a shell company he created in or about April 2021 for use im

receiving and laundering Federal Child Nutrition Program funds. ABDIAZIZ FARAH
used Empire Enterprises to receive and launder more than $7 million in
Federal Child Nutrition Program funds.

2). MOHAMED ISMAIL also owned MZ Market LLC, a shell company he
created in or about June 2021 for use in receiving and laundering fraud proceeds,

21. Defendant MAHAD IBRAHIM was the president and owner of
ThinkTechAct Foundation (“ThinkTechAct”), a Minnesota non-profit organization
that also operated under the name Mind Foundry Learning Foundation
(“Mind Foundry”). ABDIAZIZ FARAH served as a member of ThinkTechAct’s Board
of Directors.

22. ThinkTechAct and Mind Foundry created more than two dozen
Federal Child Nutrition Program sites throughout the State of Minnesota, including
in Minneapolis, St. Paul, Bloomington, Burnsville, Faribault, Owatonna, Shakopee,
Circle Pines, and Willmar. These sites operated under the sponsorship of both
Sponsor A and Feeding Our Future. At various times, ThinkTechAct and
Mind Foundry claimed to be serving meals to more than 25,000 children a day at
their sites. In all, between in or about February 2021 and January 2022,
ThinkTechAct received more than $18 million in Federal Child Nutrition Program
funds from Sponsor A and another $3.7 million from Feeding Our Future.

23. MAHAD IBRAHIM also owned MIB Holdings LLC, a shell company he
used to receive and launder Federal Child Nutrition Program funds from

Empire Cuisine and Market, Empire Enterprises, and other companies involved in
the scheme to defraud. MAHAD IBRAHIM used MIB Holdings to receive and launder
more than $2 million in Federal Child Nutrition Program funds.

24. Defendant ABDIMAJID NUR created and submitted fraudulent meal
count sheets and invoices purporting to document the number of meals served at
Federal Child Nutrition Program sites run by him and his co-conspirators.
ABDIMAJID NUR also created and submitted fake attendance rosters purporting to
list the names of the children who received meals at the sites.

25. Defendant ABDIMAJID NUR created Nur Consulting LLC in or about
April 2021 to receive and launder Federal Child Nutrition Program funds from
Empire Cuisine and Market, ThinkTechAct, and other entities involved in the scheme
to defraud. ABDIMAJID NUR used Nur Consulting to receive and launder more than
$800,000 in Federal Child Nutrition Program funds between approximately April
2021 and January 2022.

26. Defendant SAID FARAH, the brother of ABDIAZIZ FARAH, and
Defendant ABDIWAHAB AFTIN were the owners of Bushra Wholesalers LLC, a
shell company SAID FARAH registered with the State of Minnesota in or about
February 2021. Bushra Wholesalers purported to be a meal vendor company in the
business of providing meals to be served at Federal Child Nutrition Program sites. In
reality, Bushra Wholesalers was used to receive and launder more than $4.5 million
in Federal Child Nutrition Program funds between approximately February 2021 and

January 2022.
27. Defendant MUKHTAR SHARIFF participated in the fraudulent scheme
by, among other things, submitting fraudulent meal count sheets, invoices, and
rosters claiming that he and others were serving meals to as many as 3,500 children
a day at a site in Bloomington, Minnesota. MUKHTAR SHARIFF was also the CEO
of Afrique Hospitality Group LLC, a company that he created in January 2021 and
used to receive and launder Federal Child Nutrition Program funds.

28. Defendant HAYAT NUR, the sister of ABDIMAJID NUR, created and
submitted fraudulent meal count sheets and invoices purporting to document the
number of meals served at the defendants’ Federal Child Nutrition Program sites.
She also submitted fake invoices purporting to document the money sent to
shell companies created and used to receive and launder proceeds of the scheme to
defraud.

299. Individual J.S. was an employee of Sponsor A and a member of
Sponsor A’s board of directors. J.S. created a shell company called The Free Minded
Institute LLC in July 2021. He enrolled The Free Minded Institute in the
Federal Child Nutrition Program under the sponsorship of Sponsor A. The
Free Minded Institute received nearly $2.5 million in Federal Child Nutrition
Program funds from Sponsor A from October 2021 to January 2022. J.S. paid over
97 percent of these funds to Empire Cuisine and Market. The rest of the money
J.S. used for his own personal use.

30. Hadith Yusuf Ahmed and Individual I.M. were Feeding Our Future

employees who solicited and received bribes and kickbacks from individuals and
companies involved in the Federal Child Nutrition Program under the sponsorship of
Feeding Our Future.

Count 1
(Wire Fraud Conspiracy)

31. Paragraphs 1 through 30 are incorporated herein.
32. From in or about April 2020 through in or about 2022, in the State and
District of Minnesota, the defendants,
ABDIAZIZ SHAFT] FARAH,
MOHAMED JAMA ISMAIL,
MAHAD IBRAHIM,
ABDIMAJID MOHAMED NUR,
SAID SHAFII FARAH,
ABDIWAHAB MAALIM AFTIN,
MUKHTAR MOHAMED SHARIFF,
HAYAT MOHAMED NUR,
conspired with each other, and others known and unknown to the Grand Jury, to
devise a scheme and artifice to defraud and to obtain money by materially false and
fraudulent pretenses, representations, and promises, and for the purpose of executing
such scheme and artifice, transmitted or caused to be transmitted writings, signs,
signals, pictures, or sounds by means of wire, radio or television communication in
interstate or foreign commerce, in violation of Title 18, United States Code,

Sections 371 and 1343.

Object and Purpose of the Conspiracy

33. The object and purpose of the conspiracy was to carry out a fraudulent
scheme to obtain millions of dollars in Federal Child Nutrition Program funds by
causing the submission of fraudulent information, including falsified invoices and

meal count records with substantially inflated figures.

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Manner and Means of the Conspiracy

34. The conspirators used the following manner and means, among others,
to accomplish the objects and purpose of the conspiracy:

35. The defendants opened more than thirty Federal Child Nutrition
Program sites throughout the State of Minnesota. They opened these sites in the
name of several entities, including ThinkTechAct, Mind Foundry, The Free Minded
Institute, and Empire Cuisine and Market.

36. As part of this conspiracy, MAHAD IBRAHIM enrolled his non-profit
organization—called ThinkTechAct or Mind Foundry—in the Federal Child Nutrition
Program. ThinkTechAct and Mind Foundry purported to provide STEM educational
programs. In reality, the company operated as a shell designed to carry out the
scheme to defraud the Federal Child Nutrition Program. During 2020 and 2021,
MAHAD IBRAHIM opened up more than two dozen Federal Child Nutrition Program
sites throughout the State of Minnesota, including in Minneapolis, St. Paul,
Bloomington, Burnsville, Faribault, Owatonna, Shakopee, Circle Pines, and Willmar.
MAHAD IBRAHIM opened and operated ThinkTechAct and Mind Foundry sites
under the sponsorship of both Sponsor A and Feeding Our Future.

37. At times, MAHAD IBRAHIM and his co-conspirators fraudulently
claimed to be serving meals to more than 25,000 children a day at the ThinkTechAct
and Mind Foundry sites in 2021. Based on these fraudulent claims, ThinkTechAct

and Mind Foundry received more than $18 million in Federal Child Nutrition

11
Program funds from Sponsor A and an additional $3.7 million from Feeding Our
Future.

38. The conspirators also created a non-profit organization called The Free
Minded Institute. Like ThinkTechAct and Mind Foundry, The Free Minded Institute
purported to provide educational programming to children. In reality, the
organization was created by a former employee and board member of Sponsor A and
used as part of the fraudulent scheme. After enrolling The Free Minded Institute in
the Federal Child Nutrition Program under the sponsorship of Sponsor A, the
conspirators claimed that the company was serving meals to thousands of children at
six sites around the State of Minnesota. Based on these fraudulent claims, The Free
Minded Institute received nearly $2.5 million in Federal Child Nutrition Program
funds from Sponsor A.

39. Insupport of these claims, ABIDIMAJID NUR, HAYAT NUR, and other
co-conspirators created and submitted fake meal count sheets and attendance rosters
purporting to list the names of children who received meals at their sites. In reality,
the rosters and other paperwork were fake. The defendants also created fake invoices
purporting to document the purchase of food and other services from Empire Cuisine
and Market and related companies.

40. The defendants used another company called Empire Cuisine and
Market to receive and siphon off the proceeds of the scheme. ABDIAZIZ FARAH and
MOHAMED ISMAIL’s company, Empire Cuisine and Market, operated as a for-profit

meal vendor that received Federal Child Nutrition Program funds for providing meals

12
and food to be served at sites. The defendants transferred much of the Federal Child
Nutrition Program funds received by their non-profits ThinkTechAct, Mind Foundry,
and The Free Minded Institute to Empire Cuisine and Market and related entities.
For example, ThinkTechAct transferred more than 70 percent of the $21 million in
Federal Child Nutrition Program funds it received to Empire Cuisine and Market
and related entities. The Free Minded Institute transferred approximately 97 percent
of the $2.5 million in Federal Child Nutrition Program funds it received to
Empire Cuisine and Market.

41. These payments purported to be for the purchase of food and meals to
be served at the sites. In reality, the defendants used Empire Cuisine and Market
and other companies to divert Federal Child Nutrition Program funds and convert
them for their own use.

42. Empire Cuisine and Market also opened its own Federal Child Nutrition
Program sites under the sponsorship of both Sponsor A and Feeding Our Future. The
conspirators submitted fake meal count forms, rosters, and invoices in which they
fraudulently claimed to be serving meals to thousands of children a day at the sites.

43. In all, Empire Cuisine and Market received more than $28 million in
Federal Child Nutrition Program funds between May 2020 and January 2022.

44. The defendants created an array of other shell companies and entities
that they used to siphon off and launder Federal Child Nutrition Program funds.
Many of these companies were set up as fake food distribution and consulting

companies that purported to provide the food and other logistics necessary to serve

13
meals to thousands of children a day at more than thirty Federal Child Nutrition
Program sites. The defendants created and submitted invoices fraudulently claiming
that these companies were entitled to millions of dollars in Federal Child Nutrition
Program funds for providing meals to be served at the sites and other services.

45. In reality, these entities were used to receive and launder the proceeds
of the scheme. After disbursing the Federal Child Nutrition Program funds to their
various shell companies, the defendants used the money to make extravagant
purchases for their personal use. Among other things, the defendants spent millions
of dollars on real estate, including lakefront homes in Minnesota and a new house
near Columbus, Ohio. They also spent hundreds of thousands of dollars in Federal
Child Nutrition Program funds to purchase real estate in Nairobi, Kenya. In addition,
the defendants used Federal Child Nutrition Program funds to purchase numerous
vehicles, including but not limited to Porsche and Tesla vehicles, and to fund personal
international travel, including trips to Dubai, Kenya, and Turkey.

AG. The defendants also paid bribes and kickbacks to employees and former
employees of Feeding Our Future and Sponsor A in exchange for their sponsorship of
the defendants’ fraudulent participation in the Federal Child Nutrition Program.

47. Intotal, the defendants fraudulently received approximately $40 million
in Federal Child Nutrition Program funds between approximately May 2020 and

January 2022.

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Acts in Furtherance of the Conspiracy

48. In furtherance of the conspiracy and to effect its unlawful objections, the
defendants committed and caused to be committed the following overt acts, among
others, in the State and District of Minnesota, and elsewhere:

Empire Cuisine and Market LLC's Enrollment in the
Federal Child Nutrition Program

49, Onor about April 1, 2020, ABDIAZIZ FARAH and MOHAMED ISMAIL
registered Empire Cuisine and Market LLC with the Minnesota Secretary of State.

50. On or about April 16, 2020, ABDIAZIZ FARAH sent Sponsor A an
application to open two Federal Child Nutrition Program sites.

51. On or about May 12, 2020, ABDIAZIZ FARAH sent an email to
Sponsor A asking for “updates on payment” because he needed “some cash flow to get
me through the month.”

52. Onor about June 1, 2020, ABDIAZIZ FARAH sent Sponsor A an email,
copying MOHAMED ISMAIL, attaching meal count sheets for May 2020 for a site
located in Shakopee, Minnesota. The meal counts claimed to serve nearly the
identical number of breakfast and lunch meals every single day, ranging from 295 on
May 15, 2020, to 300 on May 24, 2020, to 300 on May 31, 2020.

53. On or about February 9, 2021, ABDIAZIZ FARAH sent an email to
Sponsor A, copying MAHAD IBRAHIM and ABDIMAJID NUR, stating that the
“AL, IHSAN’” site “will be working with Mindfoundry and Empire” and that they were
“planning to serve 1000-1500 meals every Sunday from that site.” The email noted

that ABDIMAJID NUR would be the site manager “representing MF & KE.”
54. Onorabout June 12, 2021, ABDIMAJID NUR entered a contract as an
authorized representative on behalf of Empire Cuisine and Market as the vendor with
Sponsor A as the sponsor. The contract stated that Empire Cuisine and Market would
be providing meals to fifteen sites participating in the Federal Child Nutrition
Program, including sites located in Minneapolis, St. Paul, Faribault, Owatonna,
Shakopee, Bloomington, Circle Pines, and Savage. ABDIMAJID NUR sent an email
to Sponsor A, copying MAHAD IBRAHIM and ABDIAZIZ FARAH, attaching the
signed contract on or about June 21, 2021. The application was submitted to
MDE under the sponsorship of Sponsor A.

ThinkTechAct and Mind Foundry

55. On or about May 21, 2020, MAHAD IBRAHIM sent an email to
Sponsor A, copying ABDIAZIZ FARAH, attaching a site application for two new sites
in Savage and Shakopee, Minnesota. The sites were created under Mind Foundry and
listed MAHAD IBRAHIM as the authorized representative.

56. On or about May 27, 2020, MAHAD IBRAHIM sent an email to
Sponsor A attaching additional site applications for four sites located in Shakopee

and Burnsville, Minnesota.

57. Onor about April 4, 2021, ABDIMAJID NUR sent ABDIAZIZ FARAH
and MAHAD IBRAHIM an invoice claiming that Mind Foundry was entitled to
@9 410,155 in Federal Child Nutrition Program funds for having served a total of

nearly 600,000 meals at 20 sites in March 2021.

16
58. On or about May 31, 2021, ABDIMAJID NUR sent an email with the
subject line “CACFP Attendance and Invoice” to Sponsor A and ABDIAZIZ FARAH.
Attached to the email was an invoice from Mind Foundry to Sponsor A claiming that
Mind Foundry was entitled to $2,725,188 in Federal Child Nutrition Program
reimbursement funds for having served more than 670,000 meals at
approximately 20 sites in May 2021.

59. Onor about July 10, 2021, ABDIMAJID NUR sent an email with the
subject line “June invoice” to ABDIAZIZ FARAH. Attached to the email was an
invoice claiming that Mind Foundry was entitled to approximately $867,002 in
Federal Child Nutrition Program reimbursement funds for serving more than
200,000 meals at 19 sites during June 2021.

60. On or about October 18, 2021, ABDIAZIZ FARAH sent an email with
the subject line “TTA Invoice” to MAHAD IBRAHIM. Attached to the email was an
invoice claiming that Empire Cuisine and Market provided more than 360,000 meals
at 14 ThinkTechAct sites. The invoice further claimed that Empire Cuisine and
Market was entitled to more than $1.6 million in Federal Child Nutrition Program
funds.

The Free Minded Institute

61. On or about July 29, 2021, Individual J.S. registered a non-profit
company called The Free Minded Institute with the Minnesota Secretary of State.

62. On or about August 16, 2021, ABDIMAJID NUR sent

ABDIAZIZ FARAH a site authorization form describing The Free Minded Institute,
falsely, as “a non-profit organization that provides STEM educational programming
and nutritious meals to low income and vulnerable communities.”

63. On or about October 5, 2021, ABDIMAJID NUR sent an email to
Sponsor A with the subject line “September TTA & FMI Invoices.” Attached to the
email were invoices from both ThinkTechAct and The Free Minded Institute for
September 2021. The invoices falsely claimed that ThinkTechAct had served a total
of 367,556 meals to children at 14 sites in September 2021 and that The Free Minded
Institute served an additional 46,825 meals at three sites that same month. The
invoice further claimed that ThinkTechAct was entitled to $1,635,624 in
Federal Child Nutrition Program funds and that The Free Minded Institute was
entitled to $208,371 in additional federal funds.

64. Onor about October 11, 2021, ABDIMAJID NUR sent an email with the
subject line “FMI Invoice” to ABDIAZIZ FARAH. Attached to the email were the same
invoices ABDIMAJID NUR previously emailed to Sponsor A on or about October 5,
2021.

65. Onor about October 20, 2021, Sponsor A issued three checks containing
a total of $172,800 in Federal Child Nutrition Program funds to The Free Minded
Institute.

66. Onor about October 21, 2021, Individual J.S. opened a bank account in
the name of The Free Minded Institute. That same day, Individual J.S. deposited

$172,800 in Federal Child Nutrition Program funds into the newly opened account.

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67. Onor about October 22, 2021, Individual J.S. wrote a check for $163,810
from The Free Minded Institute to Empire Cuisine and Market.

68. On or about November 2, 2021, ABDIMAJID NUR sent an email to
Individual J.S., ABDIAZIZ FARAH, and Sponsor A with the subject line
“Empire October Invoice.” Attached to the email was an invoice from
The Free Minded Institute to Sponsor A. The invoice fraudulently claimed that
The Free Minded Institute served a total of 159,884 meals to children at seven
Federal Child Nutrition Program sites during October 2021. The invoice further
claimed that The Free Minded Institute was entitled to $642,733 in Federal Child
Nutrition Program reimbursement funds.

69. On or about December 6, 2021, ABDIMAJID NUR sent an email to
ABDIAZIZ FARAH and Sponsor A with the subject line “FMI Invoice.” Attached to
the email was an invoice from The Free Minded Institute to Sponsor A falsely
claiming that The Free Minded Institute had served a total of 281,412 meals at
nine Federal Child Nutrition Program sites during November 2021. The invoice
further claimed that The Free Minded Institute was entitled to $825,225 in Federal
Child Nutrition Program reimbursement funds.

70. Onor about January 14, 2022, Individual J.S. wrote a $850,000 check
from The Free Minded Institute to Empire Cuisine and Market for “Dec. Catering.”

The Feeding Our Future Sites

71. The conspirators also opened several Federal Child Nutrition Program

sites under the sponsorship of Feeding Our Future.

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72. Onor about February 22, 2021, MAHAD IBRAHIM sent an email to
Aimee Bock and Hadith Ahmed notifying them of ThinkTechAct’s desire to open two
new Federal Child Nutrition Program sites—one at the Lazy U mobile home park in
Medford, a town in southern Minnesota with a population of approximately 1,200,
and one at the Vista Villa mobile home park in Waseca, a town in southern Minnesota
with a population of approximately 10,000.

73. On or about February 22, 2021, Aimee Bock submitted applications to
open the Waseca and Medford sites to MDE.

74. On or about March 4, 2021, MAHAD IBRAHIM sent Aimee Bock and
Hadith Ahmed meal count forms claiming that Mind Foundry served lunch and a
snack to 2,000 children a day, seven days a week, at a site in Bloomington, Minnesota,
during January 2021. MAHAD IBRAHIM further claimed that the Bloomington site
served meals to 3,500 children a day, seven days a week, in February 2021.

75. MAHAD IBRAHIM also included a fake attendance roster purporting to
list the names of approximately 3,600 children who received meals at the
Bloomington site. Only approximately 103 of the names on the list matched the
names of students who attended school in the Bloomington Public School District.

76. Onor about March 17, 2021, MAHAD IBRAHIM wrote a $377,000 check
from ThinkTechAct to Empire Cuisine and Market.

77. Onor about March 19, 2021, ABDIAZIZ FARAH wrote a $500,000 check
from Empire Cuisine and Market to Johnson Reiland Builders & Remodelers Inc. for

the construction of a new home on Prior Lake in Minnesota.
78. Onor about May 7, 2021, Feeding Our Future wrote a check for $463,078
in Federal Child Nutrition Program funds to ThinkTechAct.

79. Onor about May 10, 2021, MAHAD IBRAHIM wrote two checks totaling
approximately $576,795 from ThinkTechAct to Empire Cuisine and Market.

80. On or about May 10, 2021, ABDIAZIZ FARAH purchased a $250,000
cashier’s check from Empire Cuisine and Market to Johnson Reiland Builders &
Remodelers.

81. Onor about May 10, 2021, ABDIAZIZ FARAH wrote a $250,000 check
to MOHAMED ISMAIL.

82. Onor about July 6, 2021, ABDIMAJID NUR sent Hadith Ahmed meal
count sheets claiming that Mind Foundry served snacks and supper to 3,500 children
a day, seven days a week, at the Bloomington site during the first two weeks of
June 2021, ABDIMAJID NUR also submitted a fake attendance roster in support of
the claims.

83. Onor about October 21, 2021, MUKHTAR SHARIFF sent an email with
the subject line “claims and invoice Sept 2021” to Feeding Our Future and
ABDIJAMID NUR. Attached to the email were meal count sheets claiming that the
Bloomington site served breakfast and lunch to between 3,200 and 3,600 children a
day, seven days a week, during September 2021, as well as a fake attendance roster
purporting to identify those children.

84. Also attached to MUKHTAR SHARIFF’s October 21, 2021 email were

meal count sheets claiming that in September 2021, Mind Foundry served between

21
310 and 316 children a day at the Medford site and between 330 and 340 children a
day at the Waseca site. In support of these claims, MUKHTAR SHARIFF submitted
fake attendance rosters for both the Waseca and Medford sites. The Medford roster
contained a list of 314 names purporting to identify the children who received meals
at the Medford site. Only seven of the names matched the names students attending
school in the Medford Public School district.

85. Onor about January 3, 2022, ABDIMAJID NUR sent an email with the
subject line “DFC Billing” to MUKHTAR SHARIFF and MAHAD IBRAHIM.
Attached to the email were meal count forms claiming that the Bloomington site
served meals to approximately 3,500 children a day in December 2021 as well asa
fake attendance roster purporting to list the names of more than 3,600 children who
received meals at the Bloomington site.

86. On or about January 5, 2022, HAYAT NUR sent an email with the
subject line “December's Invoices & Total Attendance Reports” to ABDIAZIZ FARAH.
Attached to the email were meal count reports for all Mind Foundry sites, including
the Waseca and Medford sites. These reports claimed that in December 2021,
Mind Foundry served between 1,042 and 1,134 children a day, seven days a week, at
the Waseca site and between 1,144 and 1,148 children a day at the Medford site.

Bushra Wholesalers LLC

87. The defendants created shell companies to obtain and launder proceeds

of the fraud scheme. For example, on or about February 10, 2021, SAID FARAH and
ABDIWAHAB AFTIN registered Bushra Wholesalers LLC with the Minnesota
Secretary of State.

88. On or about February 16, 2021, SAID FARAH and
ABDIWAHAB AFTIN opened a bank account in the name of Bushra
Wholesalers LLC.

89. That same day, SAID FARAH made an initial deposit of two checks into
the newly opened Bushra Wholesalers account. The first check was a $100,000 check
from Empire Cuisine and Market to Bushra Wholesalers. The memo line on the check
indicated that the payment was for the purchase of “wholesale products.”
SAID FARAH also deposited a second $100,000 check from ThinkTechAct for “food
storage.”

90. On or about May 17, 2021, SAID FARAH deposited into the
Bushra Wholesalers account a $97,299 check from Empire Cuisine and Market to
Bushra Wholesalers. The memo line on the check indicated that the payment was for
“groceries.”

91, The following day, on or about May 18, 2021, ABDIWAHAB AFTIN
made a $200,000 wire transfer from the Bushra Wholesalers account to Capital View
Properties in Nairobi, Kenya, as part of the purchase of real estate in Nairobi.

92. On or about July 7, 2021, SAID FARAH wrote a $189,000 check from
Bushra Wholesalers to MIB Holdings, a shell company created and used by
MAHAD IBRAHIM to receive and launder fraud proceeds. The memo line indicated

that the check was for “Consulting.”

23
93. On or about August 9, 2021, SAID FARAH wrote a check for $221,456
from Bushra Wholesalers to MIB Holdings. The check indicated that the payment
was for “Consulting Program Management.”

94, On or about September 3, 2021, SAID FARAH wrote a check for
$159,800 from Bushra Wholesalers to MIB Holdings. The check indicated that the
payment was for “Consulting.”

95. Onor about October 15, 2021, SAID FARAH wrote a check for $152,000
from Bushra Wholesalers to Lafey Plaza LLC, another shell company created and
owned by SAID FARAH. The memo line falsely claimed that the check was for

Empire Enterprises LLC

96. On or about April 5, 2021, ABDIAZIZ FARAH created a shell company
called Empire Enterprises LLC, which he and his co-conspirators used to
fraudulently receive and launder nearly $7 million Federal Child Nutrition Program
Funds.

97. Onor about April 6, 2021, ABDIAZIZ FARAH opened a bank account in
the name of Empire Enterprises LLC. That same day, ABDIAZIZ FARAH deposited
a $432,796 check from ThinkTechAct to Empire Enterprises. The memo line on the
check claimed that the payment was for “CACFP Food.”

98. On or about April 13, 2021, ABDIAZIZ FARAH transferred $150,000

from Empire Cuisine and Market into the Empire Enterprises account.
99. Onor about April 15, 2021, ABDIAZIZ FARAH used these funds to send
a $575,000 wire transfer to Trademark Title Services for the purchase of a
single-family home in Savage, Minnesota.

100. On or about April 23, 2021, ABDIAZIZ FARAH transferred $100,000
from Empire Cuisine and Market to the Empire Enterprises bank account.

101. Onor about April 27, 2021, ABDIAZIZ FARAH transferred $34,000 from
Empire Cuisine and Market to the Empire Enterprises bank account. That same day,
ABDIAZIZ FARAH wrote a $100,000 check from Empire Enterprises to
MIB Holdings.

102. On or about April 29, 2021, ABDIAZIZ FARAH transferred $350,000
from Empire Cuisine and Market to Empire Enterprises.

103. Onor about May 4, 2021, ABDIAZIZ FARAH added ABDIMAJID NUR
as a signor on the Empire Enterprises bank account. That same day,
ABDIMAJID NUR sent a wire transfer of $204,795 from the Empire Enterprises
account to Capital View Properties Ltd. in Nairobi Kenya.

104. On or about April 26, 2021, MAHAD IBRAHIM wrote two checks from
ThinkTechAct to Empire Enterprises—one for $355,198 and one for $348,140.
ABIDAZIZ FARAH deposited these checks into the Empire Enterprises account on or
about May 10, 2021. The memo lines on the checks said that the payments were for
“CACFP Food.”

105. The following day, on or about May 11, 2021, Empire Enterprises

transferred $300,000 to Capital View Properties Ltd. in Nairobi, Kenya.

25
MIB Holdings LLC

106. MIB Holdings LLC was a shell company used by MAHAD IBRAHIM to
receive and launder Federal Child Nutrition Program funds from Empire Cuisine and
Market, Empire Enterprises, and other companies involved in the scheme to defraud.

107. On or about March 23, 2021, MAHAD IBRAHIM deposited a $25,000
check from Empire Cuisine and Market to MIB Holdings into the MIB Holdings bank
account. The memo line on the check said that the payment was for “Consulting.”

108. On or about April 10, 2021, MAHAD IBRAHIM deposited a $127,829
check from Empire Cuisine and Market to MIB Holdings into the MIB Holdings bank
account. The memo line indicated that the payment was for “program
design/consulting.”

109. On or about April 26, 2021, MAHAD IBRAHIM deposited a $100,000
check from Empire Cuisine and Market to MIB Holdings into the MIB Holdings bank
account. The memo line indicated that the payment was for “Consulting.”

110. On or about May 13, 2021, MAHAD IBRAHIM deposited a $172,329
check from Empire Enterprises to MIB Holdings into the MIB Holdings bank account.
The memo line indicated that the check was for “program consulting.”

111. Onor about May 17, 2021, MAHAD IBRAHIM transferred $25,000 from
MIB Holdings to a Coinbase account,

112. On or about August 6, 2021, MAHAD IBRAHIM deposited a $200,000

check from Bushra Wholesalers to MIB Holdings into the MIB Holdings account.

26
The memo line on the check stated that the payment was for “consulting program
management.”

113. On or about August 26, 2021, MAHAD IBRAHIM transferred $200,000
from the MIB Holdings account to 3 Pillar Homes, a custom home builder in
Columbus, Ohio.

Nur Consulting LLC

114. Onor about April 4, 2021, ABDIMAJID NUR registered Nur Consulting
LLC, a shell company that he used to receive and launder his share of the fraud
proceeds.

115. Onor about April 5, 2021, ABDIMAJID NUR opened a bank account in
the name of Nur Consulting.

116. On or about April 7, 2021, ABDIMAJID NUR deposited into the
Nur Consulting account a $30,000 check from Empire Cuisine and Market to
Nur Consulting. The memo line on the check indicated that the payment was for
“consulting.”

117. Onor about April 9, 2021, ABDIMAJID NUR deposited a $15,000 check
from Empire Cuisine and Market into the Nur Consulting account. The memo line on
the check indicated that the payment was for “contracted services.”

118. That same day, on or about April 9, 2021, ABDIMAJID NUR used the
funds from Empire Cuisine and Market to transfer $45,000 from the Nur Consulting
account to Pulte Homes as a down payment towards the purchase of a single-family

house in Savage, Minnesota.
119, Onor about April 15, 2021, ABDIMAJID NUR created a Nur Consulting
invoice claiming that ThinkTechAct owed $12,000 to Nur Consulting for consulting
services.

120. On or about August 11, 2021, ABDIMAJID NUR sent
ABDIAZIZ FARAH three invoices from Nur Consulting to Bushra Wholesalers. The
invoices claimed that Bushra Wholesalers owed more than $82,000 to Nur Consulting
for various consulting services during the months of June, July, and August 2021.

121. Onorabout August 12, 2021, ABDIMAJID NUR deposited three checks
from Bushra Wholesalers to Nur Consulting totaling approximately $109,125 into the
Nur Consulting account.

122. Six days later, on or about August 18, 2021, ABDIMAJID NUR wrote a
$64,406 check from Nur Consulting to Dodge of Burnsville to purchase a 2021 Dodge
Ram 1500 pickup truck.

MZ Market LLC

123. Onor about June 18, 2021, MOHAMED ISMAIL registered MZ Market
LLC with the Minnesota Secretary of State.

124. On or about August 9, 2021, MOHAMED ISMAIL opened a bank

account on behalf of MZ Market.

125. On or about August 16, 2021, MOHAMED ISMAIL deposited a
$35,000 check from Empire Cuisine and Market into the MZ Market bank account.

The memo line on the check indicated that the check was for “expenses.”
126. On or about September 22, 2021, MOHAMED ISMAIL deposited a
$50,000 check from Empire Cuisine and Market into the MZ Market bank account.
The memo line indicated that the money was for “business expenses.”

Afrique Hospitality Group LLC

127. On or about January 6, 2021, Afrique Hospitality Group LLC was
registered with the Minnesota Secretary of State. MUKHTAR SHARIFF was the
chief executive officer of Afrique Hospitality Group.

128. MUKHTAR SHARIFF and his co-conspirators used Afrique Hospitality
Group as a shell company to fraudulently obtain F ederal Child Nutrition Program
funds.

129. HAYAT NUR created fake invoices and documents designed to cover up
the scheme and the conspirators’ use of shell companies to receive and launder the
proceeds of the fraudulent scheme. For example, on or about January 12, 2022,
HAYAT NUR sent ABDIAZIZ FARAH and ABDIMAJID NUR an email containing
backdated invoices from various shell companies used by the conspirators to receive
and launder Federal Child Nutrition Program funds, including a $1.5 million invoice
from Empire Enterprises to ThinkTechAct dated March 1, 2021—one month before
ABDIAZIZ FARAH created Empire Enterprises.

130. Later that day on January 12, 2022, ABDIAZIZ FARAH forwarded the
backdated invoices to MAHAD IBRAHIM with the note, “[hJere you go!”

Allin violation of Title 18, United States Code, Section 371.

29
Counts 2-12
(Wire Fraud)

131. Paragraphs 1 through 130 are incorporated herein.

132. From at least in or about April 2020 through in or about 2022, in the
State and District of Minnesota, and elsewhere, the defendants as set forth below,
and others known and unknown to the Grand Jury, did knowingly devise and
participate in a scheme and artifice to defraud and to obtain money by means of
materially false and fraudulent pretenses, representations, and promises, and by
concealment of material facts.

133. On or about the dates listed below, in the State and District of
Minnesota and elsewhere, the defendants, as set forth below, for the purpose of
executing the scheme described above, knowingly caused to be transmitted by means
of a wire communication in interstate commerce—all of which passed through servers

located outside the State of Minnesota—certain writings, signs, signals, and sounds,

including the following:

ABDIAZIZ FARAH June 1, 2020 An email from

MOHAMED ISMAIL ABDIAZIZ FARAH

to Sponsor A and
MOHAMED ISMAIL
attaching meal counts

3 ABDIMAJID NUR June 21, 2021 An email from

ABDIMAJID NUR to
Sponsor A attaching Empire
Cuisine and Market
catering contract

30
ABDIMAJID NUR
HAYAT NUR

June 21, 2021

An email from
ABDIMAJID NUR to
HAYAT NUR containing
meal counts

ol

ABDIAZIZ FARAH
MAHAD IBRAHIM

August 2, 2021

An email from

ABDIAZIZ FARAH to
Sponsor A, copying MAHAD
IBRAHIM, attaching meal
counts, invoices, and menus

ABDIMAJID NUR
ABDIAZIZ FARAH

August 16, 2021

An email from
ABDIMAJID NUR to
ABDIAZIZ FARAH
attaching a site
authorization form

ABDIAZIZ FARAH
MAHAD IBRAHIM

October 18, 2021

An email from
ABDIAZIZ FARAH to
MAHAD IBRAHIM
attaching an invoice

MUKHTAR
SHARIFF

October 21, 2021

An email from

MUKHTAR SHARIFF to
Feeding Our Future,
attaching meal count sheets,
rosters, and invoices

ABDIAZIZ FARAH

November 1, 2021

An email from
ABDIAZIZ FARAH to
Sponsor A, attaching
invoices and meal count
sheets

10

HAYAT NUR
ABDIAZIZ FARAH

January 5, 2022

An email from HAYAT NUR
to Sponsor A and
ABDIAZIZ FARAH,
attaching invoices and meal
count sheets

11

HAYAT NUR
ABDIAZIZ FARAH

January 12, 2022

An email from HAYAT NUR
to ABDIAZIZ FARAH,
attaching invoices

12

ABDIMAJID NUR
SAID FARAH

January 23, 2022

An email from
ABDIMAJID NUR to
SAID FARAH attaching

invoices

31

All in violation of Title 18, United States Code, Section 1343.
Count 13
(Conspiracy to Commit Federal Programs Bribery)

134. Paragraphs 1 through 130 are incorporated herein.

135. From at least in or about February 2021 to September 2022, in the
State and District of Minnesota, the defendants,

ABDIAZIZ SHAFT FARAH,
SAID SHAFT FARAH,
MUKHTAR MOHAMED SHARIFF,

conspired with Hadith Yusuf Ahmed, Individual I.M., and others known and
unknown to the Grand Jury to commit federal programs bribery, that is, to corruptly
agree to give anything of value to any person, with intent to influence and reward an
agent of an organization, namely, Hadith Yusuf Ahmed and Individual I.M., in
connection with any business, transaction and series of transactions with
Feeding Our Future involving anything of value of $5,000 or more, that is, in
exchange for sponsoring their fraudulent participation in the Federal Child Nutrition
Program, where Feeding Our Future received benefits in excess of $10,000 under
federal programs involving grants, contracts, subsidies, loan guarantees, insurance
and other forms of federal assistance in any one-year period, in violation of Title 18,
United States Code, Section 666(a)(2).

Purpose and Object of the Conspiracy

136. The object and purpose of the conspiracy was to enable individuals and
entities participating in the fraudulent scheme to obtain Federal Child Nutrition

Program funds to pay bribes and kickbacks to a Feeding Our Future employee, in

32
exchange for Feeding Our Future’s sponsorship of their fraudulent: participation in
the Federal Child Nutrition Program.

Manner and Means of the Conspiracy

137, The conspirators used the following manner and means, among others,
to accomplish the objects and purpose of the conspiracy:

138. Employees who worked at Feeding Our Future and Sponsor A solicited
and accepted bribes and kickbacks from individuals involved in the Federal Child
Nutrition Program in exchange for sponsoring their fraudulent participation in the
Federal Child Nutrition Program.

139. MUKHTAR SHARIFF paid a $250,000 bribe/kickback to a Feeding Our
Future employee, Individual I.M., in exchange for her role in sponsoring and
facilitating his and his co-conspirators fraudulent participation in the Federal Child
Nutrition Program.

140. SAID FARAH paid bribes and kickbacks to another Feeding Our Future
employee, Hadith Ahmed, in exchange for his role in sponsoring and facilitating his
and his co-conspirators’ fraudulent participation in the Federal Child Nutrition
Program. SAID FARAH disguised the bribe and kickback payments as consulting
payments or other legitimate payments to Hadith Ahmed’s fake consulting company,
Mizal Consulting LLC. In reality, the payments were bribes and kickbacks,

141. On or about January 20, 2022, the government executed search
warrants at locations related to the investigation of the scheme to defraud the

Federal Child Nutrition Program, including search warrants at Empire Cuisine and

33
Market, ThinkTechAct, and SAID FARAH’s residence. In the wake of those search
warrants, ABDIAZIZ FARAH and SAID FARAH contacted Hadith Ahmed and
arranged to create a fake consulting contract designed to cover up the kickback
payment. The defendants then drafted a sham consulting agreement between
Bushra Wholesalers and Hadith Ahmed’s shell company, Mizal Consulting. The
contract was backdated to June 1, 2021, and stated—falsely—that
Bushra Wholesalers was paying Mizal Consulting to provide supervision, training,
and management, at Federal Child Nutrition Program sites in Minneapolis,
Shakopee, Willmar, Rochester, Faribault, and Marshall, Minnesota. In reality, this
consulting contract was fake and was created in order to conceal the nature of the
kickback payments to Hadith Ahmed.

Acts in Furtherance of the Conspiracy

142. The conspirators used the following manner and means, among others,
to accomplish the objects and purpose of the conspiracy:

143. On or about December 1, 2020, Hadith Ahmed registered
Mizal Consulting LLC with the Minnesota Secretary of State.

144. Onor about June 9, 2021, MUKHTAR SHARIFF purchased a $250,000
cashier’s check from an Afrique Hospitality Group bank account payable to
Individual I.M., an employee of Feeding Our Future.

145. Onor about July 25, 2021, SAID FARAH wrote a check for $65,250 from
Bushra Wholesalers to Mizal Consulting. The memo line on the check read

“consultant.”

34
146. Onor about August 17, 2021, ABDIAZIZ FARAH wrote a $10,000 check
from Empire Enterprises to Individual J.S.

147. On or about September 9, 2021, SAID FARAH wrote a $35,000 check
from Bushra Wholesalers to Mizal Consulting for “consulting.”

148. Onor about October 11, 2021, SAID FARAH wrote a $20,000 check from
Bushra Wholesalers to Mizal Consulting. The memo line on the check read
“consultant.”

149. On or about February 8, 2022, Individual A.E. sent Hadith Ahmed a
backdated consulting agreement between Bushra Wholesalers and Mizal Consulting.

All in violation of Title 18, United States Code, Section 371.

Counts 14-19
(Federal Programs Bribery)

150. Paragraphs 1 through 130 and 139 to 149 are incorporated herein.

151. On or about the dates set forth below, in the State and District of
Minnesota, and elsewhere, the defendants as set forth below, corruptly gave, offered
and agreed to give anything of value to any person with intent to influence and
reward an agent of an organization, as set forth below, in connection with any
business, transaction and series of transactions of each organization involving
anything of value of $5,000 or more, where such organization received benefits in

excess of $10,000 annually under federal programs involving grants, contracts,

3D
subsidies, loan guarantees, insurance and other forms of federal assistance in any

one-year period, as follows:

ABDIAZIZ FARAH February 1, 2021 A $10,000 check from
Empire Cuisine and
Market to Hadith Ahmed
15 MUKHTAR SHARIFF | June 9, 2021 A $250,000 check from
Afrique Hospitality
Group to Individual I.M.
16 SAID FARAH July 25, 2021 A $65,250 check from
Bushra Wholesalers to
Mizal Consulting

17 ABDIAZIZ FARAH August 13, 2021 A $10,000 check from
Empire Enterprises to
Individual J.5.

18 SAID FARAH September 9, 2021 A $35,000 check from
Bushra Wholesalers to
Mizal Consulting

19 SAID FARAH October 11, 2021 A $20,000 check from
Bushra Wholesalers to
Mizal Consulting

All in violation of Title 18, United States Code, Section 666.

Count 20
(Conspiracy to Commit Money Laundering)

152. Paragraphs 1 through 130 and 139 to 149 are incorporated herein.
153. From in or about April 2020 through in or about 2022, in the State and

District of Minnesota, the defendants,

ABDIAZIZ SHAFI FARAH,
MOHAMED JAMA ISMAIL,
ABDIMAJID MOHAMED NUR,
MAHAD IBRAHIM,

SAID SHAFI FARAH,
ABDIWAHAB MAALIM AFTIN,
MUKHTAR MOHAMED SHARIFF,

36
conspired with others known and unknown to the Grand Jury to conduct and attempt
to conduct financial transactions, namely, payments through checks and wire
transfers, knowing that the property involved in such transactions represented the
proceeds of specific unlawful activity and which, in fact, involved the proceeds of
specific unlawful activity, that is, wire fraud, in violation of Title 18, United States
Code, Section 1343, and knowing those transactions were designed, in whole and in
part, to conceal and disguise the nature, location, source, ownership, and control of
the proceeds of specific unlawful activity, in violation of Title 18, United States Code,
Section 1956(a)(1)(B)(1).

Purpose and Object of the Conspiracy

154. The purpose and object of the conspiracy was to conceal, hide, and
launder the proceeds of the fraudulent scheme to obtain Federal Child Nutrition
Program funds.

Manner and Means of the Conspiracy

155. The conspirators used the following manner and means, among others.
to accomplish the objects and purpose of the conspiracy:

156. The defendants created entities for use in hiding the source and
ownership of proceeds of the fraudulent scheme to obtain Federal Child Nutrition
Program funds.

157. Some of these entities purported to be meal vendors providing meals and

food to the Federal Child Nutrition Program sites. In reality, these companies were

37
shells designed to disguise the source and ownership of the proceeds of the fraud
scheme.

158. The defendants also created shell companies in order to receive,
misappropriate, and launder the proceeds of their fraud scheme.

159. The defendants transferred funds among their shell companies in order
to conceal the source or nature of the funds. After laundering the proceeds of their
scheme, the defendants used their shell companies to purchase real estate, cars, and
other personal items.

160. As part of the conspiracy to launder fraud proceeds, on or about April 1,
2020, ABDIAZIZ FARAH and MOHAMED ISMAIL created a company called
Empire Cuisine and Market LLC to carry out the fraudulent scheme. Although
Empire Cuisine and Market purported to be a meal vendor company, in reality,
ABDIAZIZ FARAH and MOHAMED ISMAIL used the company to obtain and
launder fraud proceeds.

161. Onor about January 6, 2021, MUKHTAR SHARIFF created a company
called Afrique Hospitality Group to carry out the fraudulent scheme.
MUKHTAR SHARIFF used Afrique Hospitality Group to obtain and launder fraud
proceeds, which he used to build an event center space in Bloomington.

162. On or about February 10, 2021, SAID FARAH created a company called
Bushra Wholesalers LLC, which was used to launder fraudulently obtained and

misappropriated Federal Child Nutrition Program Funds.

38
163. Onor about April 4, 2021, ABDIMAJID NUR created a company called
Nur Consulting LLC, which was used to launder funds for Empire Cuisine
and Market. ABDIMAJID NUR used Federal Child Nutrition Program funds to fund
personal spending.

All in violation of Title 18, United States Code, Section 1956(h).

Counts 21-42
(Money Laundering)

164. Paragraphs 1 through 163 are incorporated herein.

165. On or about the dates listed below, in the State and District of
Minnesota and elsewhere, the defendants as set forth below, knowingly engaged and
attempted to engage in monetary transactions by, through, or to a financial
institution, affecting interstate or foreign commerce, in criminally derived property
of a value greater than $10,000, as described below, such property having been

derived from specified unlawful activities, namely, wire fraud, in violation of Title 18,

United States Code, Section 1343:

A check for approximately
$118,258 from Empire
Cuisine and Market to
Bushra Wholesalers for

22 ABDIAZIZ FARAH March 15, 2021 A payment of
approximately $500,000
from Empire Cuisine and
Market to Johnson-Reiland
custom home builders
towards the construction of
a new house in Prior Lake,
Minnesota

21 SAID FARAH March 11, 2021

39
ABDIAZIZ FARAH

April 15, 2021

A wire transfer of
approximately $575,000
from Empire Enterprises to
Trademark Title Services,
Inc. towards the purchase
of a single-family home
located at

15418 Hampshire Lane,
Savage, Minnesota

24

ABDIAZIZ FARAH
ABDIMAJID NUR

May 4, 2021

A wire transfer of
approximately $204,795
from Empire Enterprises to
Capital View Properties
Ltd. in Nairobi, Kenya

25

ABDIAZIZ FARAH
ABDIMAJID NUR

May 11, 2021

A wire transfer of $300,000
from Empire Enterprises to
Capital View Properties
Ltd. in Nairobi, Kenya

26

ABDIAZIZ FARAH

May 15, 2021

A payment of
approximately $250,000
from Empire Cuisine and
Market to Johnson-Reiland
custom home builders
towards the construction of
a new lakefront house in
Prior Lake, Minnesota

27

ABDIWAHAB AFTIN

May 17, 2021

A wire transfer of
approximately $200,000
from Bushra Wholesalers to
Capital View Properties
Ltd. in Nairobi, Kenya

28

MOHAMED ISMAIL

May 27, 2021

A payment of
approximately $137,270
from MOHAMED ISMAIL
to U.S. Bank towards the
purchase of a townhouse
located at 13825 Edgewood
Ave, Savage, Minnesota

40
ABDIAZIZ FARAH
ABDIMAJID NUR

June 1, 2021

A wire transfer of
approximately $206,428
from Empire Enterprises to
Capital View Properties
Ltd. in Nairobi, Kenya

30

MAHAD IBRAHIM

June 1, 2021

A payment of
approximately $120,000
from MIB Holdings LLC to
3 Pillar Homes towards the
construction of a new
single-family home located
at 5657 Maple Drive, Lewis
Center, Ohio

MUKHTAR SHARIFF

June 9, 2021

The purchase of a $250,000
cashier's check from
Afrique Hospitality Group
to Individual I.M.

32

ABDIAZIZ FARAH

July 7, 2021

A payment of
approximately $1,041,986
from Empire Enterprises to
Trademark Title Services,
Inc. towards the purchase
of two lakefront lots in
Prior Lake, Minnesota

33

ABDIAZIZ FARAH

July 31, 2021

A payment of
approximately $29,083
from Empire Cuisine and
Market to Porsche
Minneapolis towards the
purchase of a 2021 Porsche
Macan

34

ABDIMAJID NUR
HAYAT NUR

August 9, 2021

A payment of
approximately $11,504
from Nur Consulting to
Wings Financial Credit
Union towards the
purchase of a 2019 Nissan
Ultima

Al
30

ABDIMAJID NUR

August 17, 2021

A payment of
approximately $64,406
from Nur Consulting to
Dodge of Burnsville
towards the purchase of a
2021 Dodge Ram 1500

36

MAHAD IBRAHIM

August 20, 2021

A payment of
approximately $200,000
from MAHAD IBRAHIM to
3 Pillar Homes towards the
construction of a new
single-family home in
Lewis Center, Ohio

37

ABDIAZIZ FARAH

August 21, 2021

a payment of approximately
$65,005 from Empire
Cuisine & Market to
Lupient towards the
purchase of a 2021 GMC
Sierra pick-up truck

38

ABDIMAJID NUR

September 1,
2021

A payment of
approximately $30,000
from ABDIMAJID NUR to
Farhia Jewelry in Dubai,
United Arab Emirates

39

ABDIAZIZ FARAH

September 20,
2021

A payment of
approximately $150,000
from Empire Cuisine and
Market to Johnson-Reiland
custom home builders
towards the construction of
a new lakefront house in
Prior Lake, Minnesota

40

SAID FARAH

September 21,
2021

A payment of
approximately $66,506
from Empire Cuisine and
Market to Bushra
Wholesalers for “groceries”

42
ABDIMAJID NUR September 30. A payment of

2021 approximately $34,777
from ABDIMAJID NUR to
Morrie’s 394 Hyundai
towards the purchase of a
2021 Hyundai Santa Fe
42 ABDIAZIZ FARAH October 12,2021 | A payment of
approximately $334,632
from Empire Enterprises to
Trademark Title Services,
Inc. towards the purchase
of a townhouse located at
438 Stonewood Lane,
Burnsville, Minnesota

All in violation of Title 18, United States Code, Section 1957.

Count 43
(False Statement in a Passport Application)

166. Onor about March 22, 2022, in the State and District of Minnesota, the

defendant,
ABDIAZIZ SHAFT FARAH,

willfully and knowingly made a false statement in an application for a passport with
the intent to induce and secure for his own use the issuance of a passport under the
authority of the United States, contrary to the laws regulating the issuance of
passports and the rules prescribed pursuant to such laws, in that the defendant
submitted a passport application stating that his previous passport had been lost
when, in truth and fact, the defendant had not lost his passport, all in violation of

Title 18, United States Code, Section 1542.

43
FORFEITURE ALLEGATIONS

167. Counts 1 through 42 of this Superseding Indictment are incorporated by
reference for the purpose of alleging forfeiture pursuant to Title 18, United States
Code, Section 981(a)(1)(C) in conjunction with Title 28, United States Code,
Section 2461(c), and pursuant to Title 18, United States Code, Section 982(a)(1),

168. If convicted of any of Counts 1-19 of this Superseding Indictment, the
defendants shall forfeit to the United States, pursuant to Title 18, United States
Code, Section 981(a)(1)(C) and Title 28, United States Code, Section 2461(c), any
property, real or personal, which constitutes or is derived from proceeds traceable to
Counts 1-19 of the Superseding Indictment.

169. If convicted of any of Counts 20—42 of this Superseding Indictment, the
defendants shall also forfeit to the United States, pursuant to Title 18, United States
Code, Section 982(a)(1), any property, real or personal, involved in a transaction or
attempted transaction in violation of 18 U.S.C, §§ 1956 and 1957 and any property
traceable to such property.

170. The property subject to forfeiture includes, but is not limited to:

a. The real property located at 15418 Hampshire Lane, Savage,
Minnesota:

b. The real property located at 13825 Edgewood Avenue South,
Savage, Minnesota;

c. The real property located at 3847 Cane Run Road, Louisville,

Kentucky;

44
d. The real property located at 438 Stonewood Lane, Burnsville,
Minnesota;

e. The real property located at 6594 Candy Cove Trail SE,
Prior Lake, Minnesota;

f. The real property located at 5604 Candy Cove Trail SE,
Prior Lake, Minnesota;

g. The real property located at 5657 Maple Drive, Lewis Center,
Ohio;

h. The real property located at 6200 South 3rd Street, Louisville,
Kentucky;

i. $424,695.03 seized from US Bank account No. 104786619932.
held in the name of Empire Cuisine and Market LLC;

j- $1,842,797.55 seized from US Bank account No. 104785323379,
held in the name of ThinkTechAct Foundation;

k. $4,000,422.57 seized from JP Morgan Chase Bank account
No. 761580833, held in the name of Empire Cuisine and Market LLC;

lL. $1,286,805.76 seized from JP Morgan Chase Bank account
No. 736875953, held in the name of Empire Enterprises LLC;

m. $1,249,912.71 seized from 1st United Bank account
No. 011707940100 held in the name of Johnson-Reiland Builders and Remodelers

45
n. $460,319.56 seized from JP Morgan Chase Bank account
No. 736929651, held in the name of Abdiaziz Farah;

oO. $45,649.27 seized from JP Morgan Chase Bank account
No. 736676930, held in the name of Nur Consulting LLC;

p. $77,895.32 seized from TruStone Financial Credit Union account
No. 892550-1000, held in the name of Bushra Wholesalers LLC;

q. $6,442.25 seized from Wells Fargo account No. 5674871586, held
in the name of Mohamed Ismail;

r. $456,968.36 seized from Spire Credit Union account No. 752231-
00, held in the name of MIB Holdings LLC;

s. $448,285.14 seized from Spire Credit Union account No. 752231-
11, held in the name of MIB Holdings LLC;

t. $132,449.90 seized from Stock Yards Bank and Trust account
No. 420000534, held in the name of BBI, LLC;

u, A 2021 Dodge Ram 1500, VIN 1C6SRFJTXMN742870;

Vv. A 2021 GMC Sierra PK, VIN 3GTU9DED8MG424943;

Ww. A 2021 Hyundai Santa Fe, VIN 5NMS2DAJ9MH347740;

x. A 2019 Nissan Altima, VIN 1N4BL4BV5KC249675;

y. A 2021 Porsche Macan 8S, VIN WP1AB2A50MLB35910;

Ze A 2021 Nissan Murano, VIN: 5N1AZ2CS8MC 145760;

aa. 2022 Tesla Model Y, VIN: 7SAYGDEF6NF340638;

46
bb. $60,350 in United States Currency seized from a 2021 GMC
Sierra PK, VIN 83GTUSDED8MG424943;

ce. $5,954.55 in United States Currency seized from
15418 Hampshire Lane, Savage, Minnesota on January 20, 2022;

dd. $865.30 in United States Currency seized from Marschall Road,
Shakopee, Minnesota on January 20, 2022;

ee, $506 in United States currency seized from 2713 5th Avenue
South, Minneapolis Minnesota on January 20, 2022;

ff. Miscellaneous electrical devices seized from 2713 5th Avenue
South, Minneapolis Minnesota on January 20, 2022;

gg. Miscellaneous jewelry seized from 15418 Hampshire Lane,
Savage, Minnesota on January 20, 2022;

hh. Miscellaneous clothing and accessories seized from
15418 Hampshire Lane, Savage, Minnesota on January 20, 2022;

li. Miscellaneous electronic devices seized from 15418 Hampshire
Lane, Savage, Minnesota on January 20, 2022; and

jJ. Louis Vuitton Duffle bag seized from a 2021 Dodge Ram 1500,
VIN 1C6SRFJTXMN742870 on January 20, 2022.

171. If any of the above-described forfeitable property is unavailable for

forfeiture, the United States intends to seek the forfeiture of substitute property as

AT
provided for in Title 21, United States Code, Section 853(p) as incorporated by

Title 28, United States Code, Section 2461(c).

A TRUE BILL

UNITED STATES ATTORNEY FOREPERSON

48


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