FBI’s thoroughness questioned in Feeding Our Future trial as defense attempts to cast doubt

Defense attorneys in the Feeding Our Future trial attempted to cast doubt on the investigation by spending several hours Friday asking an FBI agent why he didn’t visit all of the businesses associated with their clients to verify the allegations against them.

Federal prosecutors allege that the defendants reported serving meals at their businesses to children that never existed in exchange for federal dollars. But FBI agents never bothered to confirm the suspicions in person or to install surveillance cameras to collect evidence, defense attorneys noted in their cross-examination.

“That’s kind of what I care about, because that’s what we’re on trial for!” defense attorney Patrick Cotter said in a raised voice.

Some defense attorneys also pointed to what they said were inconsistencies in signatures attributed to their clients that appear on documents in the case.

Defense attorneys were relentless in their questioning of FBI Special Agent Jared Kary, who testified the last three days in the first Feeding Our Future trial. Seven defendants are being jointly tried for allegedly stealing $40 million in federal funds designated to feed needy children.

The case is part of a much larger investigation into the alleged theft of $250 million from the federal Child Nutrition Program. A total of 70 defendants, most of them from Minnesota, are charged in the case; 18 have pleaded guilty and await sentencing.

U.S. Assistant Attorney Joe Thompson countered the defense criticisms by emphasizing in his redirect examination of Kary that the agent only played one role in a complex investigation that involved other FBI agents and forensic accountants.

One of the more dramatic moments came when defense attorney Steve Schleicher displayed a page to the jury with a list of 10 food sites and businesses associated with his client, Said Farah.

Schleicher went down the list one by one, asking Kary if FBI agents surveilled or visited the sites as part of the investigation.

No, Kary answered each time, prompting Schleicher to cross off each address with a black marker. Schleicher got to the final address—his client’s home.

“Let’s talk about that last one,” Schleicher said. “Said Farah, he has a home. Can you describe the surveillance that took place there?”

“I know we took pictures,” Kary said, “and Mr. Said Farah was seen coming and going from the residence.”

During testimony earlier in the week, Kary said that he visited one site, Tot Park in Circle Pines, in the fall of 2021. The site was closed at the time and no food was being delivered or served, he testified. Defense attorneys pointed out that the government’s documentation of alleged fraud at that site occurred in the spring of 2021—months before Kary visited the site. Defense attorneys said it also allegedly occurred before Kary was assigned to the investigation. Kary testified that he was added to the investigation in August 2021.

The alleged fraud involved the Minnesota Department of Education distributing federal funds during the COVID-19 pandemic to sponsor organizations like Feeding Our Future and Partners in Quality Care. The sponsor organizations then dispersed those funds to food vendors and food sites, which were supposed to provide ready-to-eat meals to local children.

Several organizations in the money chain reported serving thousands more meals than they actually did—or simply never served any meals at all—in order to receive more federal money, according to prosecutors. Those funds were then allegedly passed through various shell companies before being pocketed by the perpetrators, who used the money to buy cars, property, and other items.

Signatures come under fire

The defense teams represent different clients, but focused on similar themes Friday to apparently raise questions about the FBI’s thoroughness and the strength of its evidence.

Defense attorney Edward Sipone, who is representing Abdimajid Nur, emphasized that the FBI did not utilize several tools while investigating his client, including license plate recognition technology and surveillance cameras.

Signatures on reports, or “meals claims,” that listed the number of meals the defendants reportedly served were also scrutinized Friday. In testimony earlier this week, Thompson and Kary spent hours presenting monthly meals claims submitted to the government from Partners in Quality Care, which served as the sponsor for most of the defendants on trial.

The documents showed that the number of meals the defendants reported serving grew exponentially over the course of the COVID-19 pandemic. Kary obtained the documents from Partners in Quality Care.

Defense attorney Andrew Garvis, who represents Abdiwahab Aftin, noted that the “A” from a signature attributed to his client on meals claims looked like the “A” in the logo of the Alabama Crimson Tide college football team. In contrast, he said while cross-examining Kary, an “A” from a signature attributed to his client on a check looked like a standard cursive “A.”

“So you don’t know if he signed it for sure because you weren’t physically there?” Garvis asked, referring to the meals claims signature.

“No,” Kary responded.

During his redirect examination of Kary, Thompson displayed a thick binder full of meals claims documents that were entered into evidence earlier in the week. He slammed it on a podium.

“Do you remember earlier in the week, the time I stood before you?” Thompson asked Kary. “I had big binders like this and I strained everyone’s patience, going over page after page, hour after hour.”

Some jurors laughed. Defense attorneys objected and were overruled by Brasel.

“Yes,” Kary responded.

“How many meal counts did we go through?” Thompson asked.

“Hundreds, thousands,” Kary responded.

“The meal counts you saw,” Thompson continued, “do you think they were real?”

“I do not,” Kary said.

Under questioning by Thompson, Kary testified that other FBI agents investigated how the allegedly stolen money was used and how the names of children were allegedly faked. They will take the witness stand later in the trial, Kary said.

Bill Menozzi, director of finance and operations for Shakopee Public Schools, began testifying late Friday afternoon, and will resume testimony at 9:30 a.m. Monday. The trial began April 22 with jury selection, and is expected to last six to eight weeks.

Who’s on trial?

The defendants on trial are facing a total of 41 charges, including wire fraud, bribery and money laundering. They mostly worked for businesses that used Partners in Quality Care as a sponsor.

The defendants are:

• Abdiaziz Farah co-owned Empire Cuisine and Market. Federal prosecutors allege that the Shakopee-based deli and grocery store posed as a meals provider for several food sites, and defrauded the government out of $28 million. Abdiaziz allegedly pocketed more than $8 million for himself. He is also charged with lying on an application to renew his passport after federal agents seized his passport as part of their investigation.

• Mohamed Jama Ismail co-owned Empire Cuisine and Market. Mohamed is Abdiziz’s uncle. He is also owner of MZ Market LLC, which prosecutors allege was a shell company used to launder the stolen money. Mohamed allegedly pocketed $2.2 million. He previously pleaded guilty to passport fraud.

• Abdimajid Nur allegedly created a shell company, Nur Consulting, and laundered stolen money from Empire Cuisine and ThinkTechAct, other alleged shell companies. Abdimajid, who was 21 at the time of his indictment, allegedly pocketed $900,000.

• Hayat Nur allegedly submitted fake meal counts and invoices served at food sites. Court documents identify Hayat as Abdimajid’s sister. Hayat allegedly pocketed $30,000.

• Said Farah co-owned Bushra Wholesalers, which allegedly laundered money by claiming to be a food vendor that provided meals to food sites that then reportedly served children. Court documents identify Said as Abdiaziz’s brother. Said allegedly pocketed more than $1 million.

• Abdiwahab Aftin co-owned Bushra Wholesalers, and allegedly pocketed $435,000.

• Mukhtar Shariff served as CEO of Afrique Hospitality Group, and allegedly used the company to launder stolen money. He allegedly pocketed more than $1.3 million.

The post FBI’s thoroughness questioned in Feeding Our Future trial as defense attempts to cast doubt appeared first on Sahan Journal .