United States District Court, D. Minnesota
Kokkinen, Assistant United States Attorney, for Plaintiff.
Engh, for Defendant Angela April Schulz.
Ventura, for Defendant Mukhtar Yusuf Hassan.
REPORT AND RECOMMENDATION
FRANKLIN L. NOEL, United States Magistrate Judge
MATTER came before the undersigned United States
Magistrate Judge on January 8, 2018, on Defendant Angela
April Schulz's motion to dismiss (ECF No. 229), and
Defendant Mukhtar Yusuf Hassan's motions to suppress (ECF
Nos. 242, 255, and 256).This matter was referred to the
undersigned for Report and Recommendation pursuant to 28
U.S.C. § 636 and Local Rule 72.1. At the hearing, both
the Government and Mukhtar Yusuf Hassan offered testimony.
For the reasons set forth below, the Court recommends that
Angela April Schulz's motion to dismiss be
DENIED (ECF No. 229), and Mukhtar Yusuf
Hassan's motions to suppress (ECF Nos. 242, 255, and 256)
FINDINGS OF FACT
The Superseding Indictment
August 15, 2017, a Grand Jury returned a Superseding
Indictment against Angela April Schulz, Yahye Mohamed Herrow,
Temitayo Ifeloju Olusholda Daniel, Abdisalan Abdulahab
Hussein, and Mukhtar Yusuf Hassan (collectively
“Defendants”). See generally,
Superseding Indictment, ECF No. 195. The Defendants are
accused of participating in a scheme to defraud automobile
insurance companies by submitting claims and receiving
reimbursements for chiropractic services that either were not
medically necessary or were not rendered. Id.
a chiropractor and the chief executive officer of Meyer
Chiropractic, P.A., is alleged to have paid Herrow, Daniel,
Hussein, and Hassan to recruit automobile accident victims to
show up for medical appointments and receive unnecessary
chiropractic services. Id. ¶¶ 2-22. To
insulate herself from the illegal payments, Schulz is alleged
to have paid the Defendants through her receptionist Sammany
Spangler. Id. ¶ 16. Schulz is alleged to have
prescribed patients with similar, and often identical,
treatment regardless of their physical condition.
Id. ¶ 18. Under this scheme, Defendants are
accused of causing automobile insurance companies to have
paid millions of dollars as a result of false and fraudulent
reimbursement claims. Id. ¶ 22.
Superseding Indictment charges Defendants with one count of
conspiracy to commit mail fraud, in violation of 18 U.S.C.
§ 1349, and sixteen counts of mail fraud, in violation
of 18 U.S.C. §§ 1341, 2. Id. ¶¶
Defendant Hassan's Interview on March 14,
March 14, 2017, Defendant Mukhtar Hassan met with Special
Agent Jonathan Ferris, with the Department of Commerce's
Fraud Bureau, at Ferris' office in Saint Paul, Minnesota.
Defendant Hassan arrived voluntarily, and entered the office
through the main reception area. Defendant Hassan did not
have to go through security. Once in the interview room,
Defendant Hassan was informed that he was not under arrest
and that he could leave at any time. Both agents whom
Defendant Hassan met with were wearing coats or jackets that
concealed their firearm. Special Agent Ferris informed
Defendant Hassan of their investigation and Defendant Hassan
made a phone call to his brother during the interview.
According to Special Agent Ferris, Defendant Hassan did not
appear to be impaired physically or mentally at any point
during their conversation. The interview terminated when
Defendant Hassan said that he needed to contact an attorney.
The interview was not recorded by the agents.
CONCLUSION OF LAW
Defendant Schulz's Motion to Dismiss the Superseding