Why a Judge Erased a $7 Million Fraud Conviction
BY MN CRIME STAFF
In November 2025, Hennepin County Judge Sarah West ignited a firestorm by overturning the conviction of Abdifatah Yusuf.
A jury had spent four hours convicting Yusuf of aiding and abetting a $7.2 million Medicaid fraud scheme involving his business, Promise Health.
Despite a mountain of evidence showing Yusuf spent stolen funds on luxury cars and designer clothes, Judge West entered a Judgment of Acquittal, effectively erasing the jury's work.
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The Power of Rule 26.03
While juries are the primary "finders of fact" in our system, Minnesota Rule of Criminal Procedure 26.03, subd. 18 gives judges a "safety valve." If a judge believes the evidence is legally insufficient to support a conviction, they can step in. Usually, this happens before a jury deliberates. Doing it after a guilty verdict is returned—as happened here—is a legal "nuclear option" that suggests the prosecution failed to meet the bare minimum of proof required by law.
The ‘Sins of the Brother’ Defense
The crux of the acquittal rested on Yusuf’s brother, Mohamed Yusuf. The defense argued that while massive fraud undoubtedly occurred at Promise Health, it was Mohamed who orchestrated the billing while Abdifatah was merely an "absentee owner."
The Judge's View: Judge West wrote that the state failed to prove Abdifatah knowingly participated. She noted that while the fraud was "troubling," there was a "reasonable, rational inference" that the brother committed the crime alone.
The Jury’s View: Jury foreperson Ben Walfoort told KARE 11 that the decision to convict was "not difficult whatsoever" and that they were "shocked" by the judge's reversal, citing the "obvious guilt" they saw in the evidence.
The Political Fallout and Appeal
This case has transcended the courtroom. State Senator Michael Holmstrom recently labeled Judge West a "true extremist" and demanded the unsealing of all case records. Meanwhile, Attorney General Keith Ellison has filed a rare appeal. While the state usually cannot appeal an acquittal due to "Double Jeopardy," they can appeal when a judge throws out a jury's verdict post-trial. If the Court of Appeals agrees with Ellison, the jury's original guilty verdict could be reinstated.
Sources: State of Minnesota vs. Abdifatah Yusuf (Hennepin County Case No. 27-CR-24-12962), KARE 11: "Hennepin County Judge tosses out jury's guilty verdict" (Nov 2025), MN Rules of Crim. Proc. 26.03.
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