The FBI’s thoroughness is being questioned in the Feeding Our Future trial

Attorneys in the Feeding Our Future lawsuit tried to cast doubt on the investigation by spending several hours Friday asking an FBI agent why he didn’t visit all the companies tied to their clients to verify the allegations against them.

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

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

Some lawyers also pointed out that there were inconsistencies in the signatures attributed to their clients and appearing on documents in the case.

Defense attorneys were relentless in their questioning of FBI Special Agent Jared Kary, who testified over the past three days in the first Feeding Our Future trial. Seven suspects are being tried together for stealing $40 million in federal funds intended 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 are awaiting sentencing.

Assistant U.S. Attorney Joe Thompson countered the defense’s criticism by emphasizing in his redirected investigation of Kary that the agent played only one role in a complex investigation involving other FBI agents and forensic accountants.

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

Schleicher went down the list one by one and asked Kary if FBI agents were monitoring or visiting the locations as part of the investigation.

No, Kary replied each time, asking Schleicher to cross out each address with a black marker. Schleicher reached the final address: his client’s home.

“Let’s talk about that last one,” Schleicher said. Farah said, he has a house. 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 home.”

During testimony earlier this week, Kary said he visited a location, Tot Park in Circle Pines, in the fall of 2021. The location was closed at the time and no food was delivered or served, he testified. Defense attorneys pointed out that the government documentation of alleged fraud at that location took place in the spring of 2021 — months before Kary visited the location. Defense attorneys said it also would have 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 to sponsor organizations such as Feeding Our Future and Partners in Quality Care during the COVID-19 pandemic. The sponsoring organizations then distributed that money to food vendors and food locations, which were tasked with providing ready-made meals to local children.

Several organizations in the money chain reported serving thousands more meals than they actually did — or simply never serving meals at all — in order to receive more federal money, prosecutors said. Those funds are 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 are coming under fire

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.

Attorney Edward Sipone, who represents Abdimajid Nur, emphasized that the FBI failed to use several tools, including license plate recognition technology and surveillance cameras, in its investigation of his client.

Signatures on reports, or “meal claims,” ​​detailing the number of meals the defendants allegedly served also came under scrutiny Friday. In testimony earlier this week, Thompson and Kary spent hours presenting claims for monthly meals submitted to the government by Partners in Quality Care, which served as a sponsor for most of the defendants on trial.

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

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

“So you’re not sure if he signed it because you weren’t physically there?” Garvis asked, referring to the signature of the meal claim.

“No,” Kary replied.

During his referral to Kary, Thompson showed a thick folder full of documents relating to meal claims entered into evidence earlier in the week. He hit him on a stage.

“Do you remember earlier this week when I stood in front of you?” Thompson asked Kary. “I had such big binders and I was testing everyone’s patience, flipping through page after page, hour after hour.”

Some of the judges laughed. Defense attorneys objected and were overruled by Brasel.

“Yes,” Kary replied.

“How many meal counts have we gone through?” Thompson asked.

“Hundreds, thousands,” Kary replied.

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

“I don’t do that,” Kary said.

Under questioning by Thompson, Kary testified that other FBI agents investigated how the allegedly stolen money was used and how children’s names were allegedly forged. 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 with jury selection on April 22 and is expected to last six to eight weeks.