Trial II · 22cr223

Vol IV

2025-02-12
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Day Overview

On February 12, 2025, the government presented the entirety of FBI Special Agent Jared Kary's direct examination and a substantial portion of the cross-examination by defense counsel Udoibok (Bock's attorney), with Montez's cross for defendant Said deferred to the next day. Kary is a case agent with 17 years at the FBI assigned to the complex financial crimes squad and served as the organizing witness who tied together all prior evidence into a coherent fraud narrative. The most significant moments included: (1) Kary's testimony that pole cameras placed at Safari Restaurant (Dec. 8–Jan. 20, 2022) averaged only 40 visitors per day while the site claimed up to 6,000 meals daily; (2) the introduction of emails showing Abdihakim Ahmed — Said's ASA partner — using an Excel formula to auto-generate fake children's names with random ages between 7 and 17 for required attendance rosters; (3) Kary testifying that Safari Restaurant received over $12.1 million through Feeding Our Future, the single highest-paid site; and (4) the court mid-cross issuing a supplemental wire fraud instruction after Udoibok's questioning created juror confusion about whether the wires themselves needed to be false. Defense counsel should pay close attention to Udoibok's cross-examination, which surfaced genuine weaknesses: the pole camera only covered the front of Safari (not a side/back entrance), surveillance ran for only about one month, Kary admitted he did not know FOF's number of staff or volunteers, and Kary could not cite a law or regulation that would have required Bock to refuse submitting invoices consistent with approved site applications.

Government Strategy

Volume IV was dominated by the government's comprehensive direct examination of FBI Special Agent Jared Kary, one of the lead case agents. The government used Kary to synthesize the entire arc of the investigation — from its spring 2021 origins through the January 20, 2022, overt search and seizure operation — and to introduce a sweeping array of bank records, emails, surveillance footage, and summary charts. The core narrative the government built was that Safari Restaurant (Salim Said) and ASA Limited (Said plus partners) submitted fraudulently inflated meal counts claiming to feed thousands of children per day, that Aimee Bock as FOF executive director personally signed checks transmitting millions in federal funds to Said's entities, and that pole camera surveillance flatly contradicted the claimed meal volumes at both sites. The government also introduced the specific wire fraud counts (Counts 2, 4, 5, 8, and 12) tied to particular emails. A secondary goal was establishing Said's interconnected web of entities (Safari, Cosmopolitan, ASA, Salim Limited, 3017 LLC) and showing money flowed from federal funds into luxury real estate and vehicles rather than food purchases.

Strategic Notes for Defense Counsel

- The auto-generated fake children roster evidence (Exhibits C20-C26) is the government's most devastating piece of evidence, but it was entirely between Ahmed and Said — never sent to Bock. Defense counsel must exploit this knife-edge distinction aggressively: Said's knowledge of fabrication cannot be imputed to Bock without more evidence, and the government has not yet shown that bridge. - Kary admitted critical ignorance about the regulatory framework: he does not know what inspections FOF was required to conduct, whether pandemic waivers relaxed those requirements, or what law obligated a sponsor to refuse invoices consistent with approved applications. Defense counsel should retain a federal child nutrition program regulatory expert to testify about the actual SFSP/CACFP sponsor obligations — if Bock operated within (or close to) those requirements, the fraud theory depends entirely on what she actually knew. - The pole camera gap (no coverage of side/back entrance at Safari, only ~one month of footage) is a real evidentiary hole. For Salim Said's cross, Defense counsel should consider whether a site inspection, architectural diagram, or testimony about distribution patterns at Safari (e.g., community organizations, Ramadan-related bulk pickup) could create reasonable doubt about the surveillance conclusions. - The court's supplemental wire fraud instruction mid-trial is a warning flag: the jury has now been told twice that the wire need not itself be false — only in furtherance of the scheme. defense counsel's defense for Bock on the wire counts must therefore focus on whether she had the requisite fraudulent intent and knowledge of the scheme, not whether individual emails were truthful. - Eidleh's flight to Somalia is a double-edged sword. The government will use his absence as evidence of guilt-by-association with the scheme. Defense counsel should instead frame Eidleh as the operational mastermind — he ran the claims process, brought in sites, prepared meal count documentation, and vanished the moment law enforcement appeared. A defense theory that Bock was misled by her own program manager is available and has documentary support in the emails where Eidleh presents information to Bock for approval rather than Bock directing Eidleh.

Witnesses
Jared Kary
FBI Special Agent, Complex Financial Crimes Squad, Minneapolis Division; one of four core case agents on the Feeding Our Future investigation, responsible for coordinating the overall investigative plan, search warrants, and evidence analysis.
FBI Government
Direct Examination

Kary provided a sweeping chronological overview of the investigation from spring 2021 through trial, introduced the MDE CLiCS summary data showing Safari Restaurant as the highest-paid site at $12.1 million for 3.9 million claimed meals, introduced over 260 bank records for 3,000+ financial accounts, presented pole camera surveillance footage showing only roughly 40 people per day at Safari versus claimed 6,000 meals, and walked the jury through emails showing auto-generated fake children rosters and the specific wire fraud count emails. He testified about the January 20, 2022, search and seizure operation at 27 locations yielding $50+ million in seized assets.

Safari Restaurant was the single highest-paid site under Feeding Our Future, receiving over $12.1 million ($7.3M in 2020, $4.7M in 2021) and claiming 3.9 million meals served — nearly twice as high as the next site on both measures. — Establishes Safari/Said as the primary fraud target and anchors the government's loss figure for the jury. [p. 698-700]
Pole camera placed at Safari Restaurant (Dec. 15, 2021 angle) showed an average of only 40 individuals per day. On specific dates: Dec. 10 — 3,498 meals claimed, Dec. 15 — 3,495 claimed, Dec. 22 — 3,496 claimed, Dec. 28 — 3,497 claimed, Dec. 31 — 3,498 claimed. 'Absolutely not' and 'definitely not 6,000' were Kary's responses to whether he saw those volumes. — This is the government's most visceral evidence of fraud — a direct visual refutation of the claimed meal counts across multiple specific days. [p. 774-781]
Abdihakim Ahmed (ASA Limited co-owner with Said) emailed a contact asking 'Can you make all the kids ages 6 to 17?' and the Excel spreadsheet contained an embedded formula '=RANDBETWEEN(7,17)' to auto-generate ages, with names pulled from a surnames.com website hyperlink — a system to mass-produce fake children's rosters. — Most damaging piece of direct evidence of intentional fraud fabrication; it is smoking-gun proof that the rosters were not real children. [p. 810-817]
Aimee Bock was the sole signatory on Feeding Our Future's Bank of America account (sig card dated Oct. 6, 2020) and wrote and stamped all outgoing checks to Safari/Cosmopolitan, including checks of $1.065M, $1.1M, $1.14M, $1M+ in successive months. — Ties Bock directly and personally to disbursement of the fraud proceeds, not merely organizational oversight. [p. 702-704]
In Exhibit B16 (Feb. 4, 2021 email), Eidleh sent Bock CLiCS data showing $854,522 in claims for Safari and asked her to review it — 'Please take a look if it's right. Let me know before I submit to Safari.' Bock responded 'Looks good to me' to the 1099 showing $4.8 million compensation to Cosmopolitan/Safari for 2020. — Establishes Bock's actual knowledge of and approval of the inflated dollar amounts flowing to Said's entities. [p. 721-724]
ASA Limited site (Gurey Deli, 281 McKnight Road, St. Paul) — a tiny deli between a Smoke Shop and a dry cleaner — claimed to feed 3,000 children per day starting three weeks after the entity was formed (Sept. 4, 2020). Pole camera at ASA site averaged only 23 individuals per day in December 2021 versus claimed ~1,791–1,795 per day. — Shows the ASA fraud mirrored Safari's pattern and further implicates Said as a repeat actor. [p. 793-794, 827-829]
Safari Restaurant's tax returns (signed by Salim Said) showed total income of only $339,092 in 2017 and $304,174 in 2018 — yet Safari received over $376,000 in its very first month under Feeding Our Future (May 2020), more than its entire prior annual income. — Creates a devastating baseline comparison demolishing any claim that Safari had the operational capacity to serve thousands of meals daily. [p. 736-740]
Over 100 seizure warrants were executed on January 20, 2022, yielding $50+ million in seized assets including Salim Said's $1.1M residence at 5150 Alvarado Lane North, Plymouth, and a $2.7M mansion at 2722 Park Avenue purchased with federal funds. The ASA Limited account alone paid Said's entity Salim Limited $135,000 in a single day. — Proves the diverted funds were used for personal enrichment — money went to real estate, not food. [p. 708-712, 830-831]
Google certified that no Gmail servers exist in Minnesota (letter dated Aug. 12, 2022), establishing that all Gmail-based emails introduced as wire fraud evidence traveled interstate. — Establishes the interstate wire element required for federal wire fraud charges without which charges could fail. [p. 714-716]
Key manager Abdikerm Eidleh left the country for Somalia in late November 2021 and never returned; on the day of the search warrants, he called Kary from Somalia after Kary left his number with Eidleh's family. Eidleh remains a fugitive. — Explains why a critical cooperating witness is unavailable to testify and previews a potential gap in the government's live witness chain. [p. 724-725]
Cross-Examination

Udoibok's cross was lengthy (pages 839–921) and had some effective moments but overall left the most damaging evidence unrebutted. The strongest defense points were: (1) the pole camera only covered the front of Safari, not the side/back entrance, so deliveries by vehicle from another angle could not be ruled out; (2) Kary conceded he did not know FOF's number of employees or volunteers, nor the regulatory frequency of site inspections; (3) many of the most incriminating emails (ASA fake roster generation) were never sent to Bock; (4) Kary could not cite any law that would have obligated Bock to refuse submitting invoices consistent with approved applications; and (5) Kary admitted that the search warrant at FOF yielded 4.4 million pages and no evidence of document destruction, suggesting the organization was not hiding anything. Cross was partially blunted by the court's mid-cross wire fraud instruction and by Kary's disciplined refusal to concede any benign interpretation of the overall pattern.

Kary admitted the pole camera at Safari covered only the front — a side entrance existed and was not monitored. When pressed whether food could have been delivered from vehicles through the back, Kary stated he 'wouldn't agree' but conceded 'Not in the back, no' when asked whether he had a camera there. — Creates a physical gap in the surveillance evidence that future defense can exploit — the government cannot account for every possible distribution route. [p. 868-869]
Kary admitted he did not know how many employees or volunteers FOF had, could not cite the regulatory requirement for site inspection frequency, and did not know whether pandemic-era waivers reduced or eliminated site visit obligations. — Undermines Kary's implicit claim that Bock failed in a supervisory duty — he lacks the regulatory knowledge to establish what that duty actually was. [p. 845-846, 882-883]
Many of the most damaging ASA emails (fake roster generation, Exhibit C20-C26, C23, C24, C25) were sent between Ahmed, Faaris Studio, and Salim Said — not to Bock. Kary confirmed: 'It was not' sent to Feeding Our Future or Bock for several of these. — Creates a meaningful knowledge gap — Bock cannot be shown to have known about the roster fabrication methodology if the emails proving it never reached her. [p. 889-890]
When Udoibok asked what law or regulation required Bock to refuse an invoice consistent with an approved application, Kary said 'To ask me to cite a law... I don't know about law' and could only say she should have had 'common sense' that the numbers looked unrealistic. — Kary's inability to cite any regulatory obligation is a significant vulnerability — the defense can argue Bock operated within the regulatory framework as she understood it. [p. 892-893]
Kary confirmed that no millions of dollars were found at Bock's residence, she did not buy luxury real estate with the proceeds, and checks from MDE went to FOF (not personally to Bock). — Differentiates Bock's alleged conduct from Said's — she did not personally enrich herself in the same visible, traceable way, which undermines the strongest 'consciousness of guilt' inference. [p. 908-909]
Kary acknowledged that the search of FOF's offices revealed normally organized records and no evidence of document destruction — 'I wouldn't say that, no' — and characterized the volume of records as 'normal.' — Cuts against the inference that Bock was hiding wrongdoing; a fraudster organization might be expected to destroy documents before a surprise raid. [p. 847]
The court issued a supplemental wire fraud instruction mid-cross after Udoibok pressed Kary on whether Z5 (Bock's clarification email to MDE) was itself a lie. The instruction reminded the jury that the wire need only be 'in furtherance of' the scheme — it need not itself be false. — The court's intervention signals that Udoibok's cross strategy on wire fraud elements was legally confused and may have actually hurt the defense by prompting the instruction. [p. 853-857]
Vulnerabilities Kary is a strong witness overall, but several vulnerabilities exist. He repeatedly testified beyond his personal knowledge (e.g., opining that invoices 'don't look real' based on misspellings, or that deliveries from the back of Safari were impossible, or that Eidleh's clarification email was a 'loophole' rather than genuine clarification) — each of these is opinion testimony from a lay agent that can be challenged as speculation or improper legal conclusion. He lacks knowledge of the regulatory framework governing sponsor obligations under CACFP/SFSP, which is a serious gap when the defense theory is that Bock acted within the program's rules. He admitted the pole cameras ran for only about one month, covered only one face of each building, and could not rule out deliveries via vehicle from unmonitored angles. He does not know the size of FOF's staff or volunteer base. He admitted that many of the most damaging emails were never received by Bock. On cross, he frequently conflated 'suspicious' with 'criminal,' which a future cross-examiner can use to paint him as biased.
For Defense Counsel Defense counsel should: (1) retain a regulatory expert to testify about the actual written obligations of CACFP/SFSP sponsors under federal regulations — Kary admitted he does not know them, which opens space to argue Bock complied; (2) challenge the pole camera coverage as incomplete — hire a site expert or present measurements/diagrams of the side entrance at Safari to show the camera blind spots; (3) more aggressively develop the Eidleh-as-the-mastermind theory — Eidleh was the program support manager who brought in sites, prepared and forwarded claims, and fled to Somalia; his flight is evidence of his own consciousness of guilt, not Bock's; (4) push on the distinction between what Bock personally knew versus what her claims-department staff knew — many damaging emails went to 'claims@' not 'aimee@'; (5) develop the pandemic context more coherently than Udoibok did (his cross on this was scattered); and (6) present evidence of what Bock actually did with the money to contrast with Said's mansion and luxury vehicles.
Key Evidence
Type Exhibit Description Page Challenge Opportunity
Data/Summary Gov. Ex. X1 FBI-created summary chart of MDE CLiCS data showing Feeding Our Future claims by site — both dollar amounts and meal counts — for 2018–2021. Total claims: $246 million; total meals: 91 million. Safari Restaurant is #1 at $12.1M and 3.9M meals. [p. 697-700] The chart is a government-created summary derived from MDE data (Exhibit V43). Defense could challenge whether the underlying CLiCS data accurately captured actual approved payments versus submitted claims, and whether the chart fairly represents all sites or cherry-picks comparisons. Foundation objection was overruled at admission.
Surveillance Gov. Ex. B48, B48a-B48i One-minute video clip and nine still images from FBI pole camera at Safari Restaurant (Fourth Avenue South, Minneapolis) from December 10–31, 2021. Shows a street-level view of the front/side of the restaurant with minimal foot traffic on days when Safari claimed 3,495–3,498 meals served. [p. 772-780] Camera covered only the front/side of the building; side entrance was not monitored. Footage runs only approximately five to six weeks in late 2021 — not representative of the entire 2020–2021 fraud period. Drive-through or back-door delivery by truck cannot be excluded. The one-minute clip shown to the jury was a tiny excerpt of hours of footage — defense did not explore whether other footage showed more activity.
Surveillance Gov. Ex. C60, C60a-C60h Video clip and still images from FBI pole camera at ASA Limited site (Gurey Deli, 281 McKnight Road, St. Paul) from December 2021. Shows near-empty storefront between a Smoke Shop and dry cleaner. Average of 23 individuals per day versus claimed ~1,791–1,795 meals. [p. 825-830] Same limitations as Safari camera — one angle, limited time period, cannot account for all distribution methods.
Document Gov. Ex. C20-C26, C28 Emails from Abdihakim Ahmed (ASA co-owner) to a contact at 'Faaris Studio' and then to Salim Said, containing Excel spreadsheets with an embedded formula '=RANDBETWEEN(7,17)' to auto-assign ages to fake children's names pulled from surnames.com hyperlinks, used to generate fraudulent attendance rosters. [p. 809-819] These emails were NOT sent to Aimee Bock (Kary confirmed on cross). Defense can use them to distinguish Said's conduct from Bock's. The government will need to bridge this gap through other evidence or a conspiracy theory.
Financial Record Gov. Ex. W1-W2, W4-W10, W11-W260 Bank records from BBVA, Bank of America, Bridgewater Bank, Wells Fargo, and approximately 3,000 other financial accounts obtained via grand jury subpoena. Show Aimee Bock as sole signatory on FOF's Bank of America account, Salim Said and Abdulkadir Salah as signatories on Safari/Cosmopolitan accounts, and a pattern of millions in federal funds flowing through these accounts. [p. 701-712] The sheer volume (260+ exhibits) may overwhelm jurors but also creates appellate issues if each exhibit was not individually authenticated. Defense could seek to limit or challenge chain of custody for specific accounts if a particular check or transfer is disputed.
Document Gov. Ex. B16 February 4, 2021 email chain: Eidleh sends Bock CLiCS screenshot of $854,522 in Safari claims asking 'Please take a look if it's right'; Eidleh also sends Bock Safari's 2020 1099-NEC showing $4.8M in compensation from FOF to Cosmopolitan/Safari; Bock responds 'Looks good to me.' [p. 720-724] The response 'Looks good to me' was to the 1099 tax document, not necessarily to the underlying meal counts. Defense can argue Bock was merely confirming the accuracy of the accounting document as prepared by Eidleh, not independently verifying the legitimacy of the meal counts.
Document Gov. Ex. Z1 Google letter dated August 12, 2022, with certificate of authenticity, stating that no Gmail servers exist in Minnesota during January 2020 through July 2022. [p. 714-716] Boilerplate authentication document — largely unassailable unless defense can show the specific emails charged were routed differently.
Document Gov. Ex. Z2, Z5, Z8, Z12 Four emails corresponding to specific wire fraud counts in the indictment. Z2: Sept. 8, 2020 Bock email to MDE submitting ASA site application (Count 2). Z5: Oct. 20, 2020 Bock email to MDE with 'clarification' about FOF staffing for-profit restaurants (Count 5). Z8: March 1, 2021 Safari Restaurant gmail to Eidleh with meal count forms claiming ~6,000 meals/day (Count 8, Salim Said). Z12: Said partner Ahmed email to FOF/Bock with invoices, clicker count, and attendance (Count 12). [p. 832-838] Z5 (the clarification email) was the subject of extended cross — Bock's defense is that it was a legitimate operational clarification to MDE, not a fraudulent representation. The court's supplemental instruction ultimately undermined this defense angle by clarifying the wire need not itself be false. For Z8, Kary admitted Bock was not even a recipient. Defense should examine whether each charged wire was truly 'in furtherance of' the scheme versus routine business communication.
Document Gov. Ex. B3 Email attaching Safari Restaurant tax returns for 2017 ($339,092 total income, $624K gross receipts) and 2018 ($304,174 total income, $569K gross receipts), both signed by Salim Said. [p. 735-740] Defense could argue pandemic conditions and the relaxed federal child nutrition program rules — not fraud — account for the dramatic revenue increase, and that Safari's capacity expanded with federal support.
Document Gov. Ex. C17, C18 C17: August 2021 email chain showing Said's ASA asking Bock for a 'catering contract' — Bock sends a signed FY22 SFSP Contract for Vended Meals naming Safari Restaurant as the vendor for ASA Limited, signed by both Bock (for FOF) and Said (for Safari) on May 1, 2021. C18: Invoice from Safari to ASA for August 2021, billing $440,820 for 2,000 meals/day at $7.11/meal. [p. 803-808] Kary acknowledged the billing rate of $7.11/meal was the approved federal reimbursement rate, not an inflated fabrication. Defense can argue the contract structure was disclosed to FOF and followed regulatory templates.
Legal Rulings & Objections
Objection by Udoibok to Exhibit X1 (CLiCS summary chart) on foundation grounds — overruled. Kary's testimony that he helped create the chart from MDE's V43 Excel data was sufficient foundation. — Summary charts created by case agents from underlying data are admissible; defense should consider pre-trial motions to exclude or limit such summaries in future trials, or retain an expert to challenge the underlying CLiCS data. [p. 697]
Objection by Udoibok to relevance and cumulative nature of admitting W11, W12, W14-W22, and W24-W260 (bulk bank records) — overruled. — The court allowed mass admission of hundreds of bank record exhibits; defense should consider demanding individualized authentication or stipulating to admissibility only of records directly relevant to charged transactions. [p. 710]
Objection by Udoibok to Exhibit A76 (email involving CPA/accountant re: Bock's description of board members) on hearsay grounds — overruled. Government argued Bock's statements were party opponent admissions and the third-party content was offered not for truth but for effect on Bock. — The 'effect on the listener' doctrine allowed in third-party emails directed to Bock — future defense should be prepared to challenge this theory with a more specific hearsay objection and to request limiting instructions. [p. 728]
Objection by Montez (Said's counsel) to Kary's testimony that the investigation concluded 'it wasn't possible that this many children could be fed' — objection was 'goes to ultimate issue.' Overruled. — The court permitted the case agent to express conclusions that effectively answer the ultimate question of fraud. Future defense should preserve this issue on appeal and consider whether agent opinion testimony on ultimate issues crosses the expert witness rule. [p. 770-771]
Mid-cross supplemental jury instruction on wire fraud elements: After Udoibok's questioning implied the charged wire had to itself be a lie, the court (at government's request) re-read the three elements of wire fraud to the jury, confirming that the wire communication need only be 'in furtherance of' the scheme, not itself false. — The instruction was requested by the government and effectively undermined Udoibok's cross strategy on Z5. Future defense must carefully avoid opening the door to curative instructions that reinforce the government's legal theory mid-trial. [p. 853-857]
Objection by Ebert sustaining the court's ruling that questions about what information was acquired from Bock's phone were beyond the scope of direct examination. — Defense was foreclosed from exploring potentially exculpatory device evidence through the case agent on cross — this suggests defense should consider calling its own witnesses or subpoenaing the device forensics directly. [p. 910-913]
Prior Defense Performance

Udoibok's cross of Kary was the longest cross-examination of the volume and showed genuine strategic intelligence in places, but it had serious structural problems. On the positive side, Udoibok effectively established: (1) the pole camera's coverage limitations; (2) Kary's ignorance of FOF's regulatory obligations; (3) that many of the most damaging emails never reached Bock; (4) that Bock did not personally enrich herself with luxury purchases; and (5) that the organization's records looked normal and were not destroyed. However, there were significant failures. The most damaging was the wire fraud instruction episode — Udoibok's questioning suggested the wire itself had to be false, which the government correctly pointed out is not an element of wire fraud. By forcing the court to re-instruct the jury mid-cross, Udoibok inadvertently strengthened the government's legal theory. Udoibok also failed to: land a clean blow on Kary's speculation about deliveries from the back of Safari; pin down the exact number of FOF employees to quantify Bock's supervisory limitations; effectively use the pandemic context (his questions on this were scattered and easily parried); develop the Eidleh-as-mastermind narrative (Eidleh's flight to Somalia and non-return was barely touched); or meaningfully challenge the $12.1 million figure or the surveillance methodology. The cross ended without cross-examining Kary on the auto-generated roster emails at all from Bock's perspective — a missed opportunity to argue she had no visibility into what Said's group was doing internally.