Fact check: Did Minnesota’s Walz jail suspects in ‘Feeding Our Future’ fraud case?

The Minnesota-based nonprofit Feeding Our Future has become the center of the state’s largest fraud case, with federal authorities alleging that dozens of people misappropriated over $250 million intended to feed children during the COVID-19 pandemic. As the investigation continues to unfold, political claims about Governor Tim Walz’s role in the scandal have emerged, particularly regarding the detention of suspects.

Federal prosecutors have charged 70 people in connection with the scheme that allegedly diverted funds from the Federal Child Nutrition Program. According to court documents, the defendants created shell companies to receive and launder government reimbursements while submitting fraudulent claims for meals never served to children.

The case has taken on political dimensions since Walz’s selection as Vice President Kamala Harris’s running mate in the 2024 presidential election. Critics, including Republican opponents, have circulated claims that Walz personally ordered the jailing of suspects in the case, suggesting he took decisive action against the perpetrators.

However, this claim misrepresents the governor’s authority and the actual timeline of events. Under Minnesota’s governance structure, the governor does not have direct power to order arrests or detentions in criminal cases. Law enforcement actions in the Feeding Our Future investigation were initiated and carried out by federal authorities, not state officials acting under gubernatorial orders.

The FBI began investigating the nonprofit in May 2021 after the Minnesota Department of Education (MDE) reported suspicious activity. The department had noticed a dramatic increase in reimbursement claims from Feeding Our Future during the pandemic and flagged potential irregularities to federal authorities.

Complicating matters, Feeding Our Future sued the state in November 2020 when the education department paused payments due to concerns about the organization’s rapid growth and questionable documentation. A state judge subsequently ordered MDE to resume payments while the investigation continued behind the scenes.

The first public acknowledgment of the investigation came in January 2022 when FBI agents executed search warrants at multiple locations associated with the nonprofit and its partners. The criminal charges were filed by the U.S. Attorney’s Office in September 2022, with suspects surrendering to federal custody through normal judicial processes rather than through any gubernatorial mandate.

“State governors simply don’t have the authority to unilaterally jail suspects in federal cases,” explained David Schultz, a political science professor at Hamline University in St. Paul. “Criminal prosecutions follow established legal procedures that separate executive authority from judicial processes.”

The scandal has had significant repercussions for Minnesota’s administration of federal nutrition programs. The state has implemented stricter monitoring protocols and enhanced verification requirements for organizations seeking to distribute food aid funds.

The alleged fraud was particularly damaging as it occurred during a period of heightened food insecurity caused by the pandemic. Federal nutrition programs saw unprecedented expansion during COVID-19, with relaxed regulations intended to expedite aid to vulnerable populations.

“The pandemic created a perfect storm for fraud,” noted Michelle Abernathy, a policy analyst specializing in public assistance programs. “Emergency measures meant to speed up aid delivery inadvertently created opportunities for bad actors to exploit weaknesses in oversight.”

For Walz, the case represents both a challenge and an opportunity. His administration has faced criticism for not catching the fraud earlier, but it has also emphasized that state officials were the ones who initially flagged concerns to federal authorities.

The governor has publicly supported the prosecution of those involved and directed state agencies to cooperate fully with federal investigators. In March 2023, Walz signed legislation strengthening oversight of nonprofit organizations receiving government funds.

As the legal proceedings continue, with several defendants already pleading guilty, the case highlights the tension between rapid emergency response and adequate safeguards in government assistance programs. It also demonstrates the complex interplay between state and federal authorities in detecting, investigating, and prosecuting large-scale fraud schemes.

What remains clear is that the claim about Walz personally ordering the jailing of suspects mischaracterizes both the governor’s role and the legal process that has governed this high-profile case from the beginning.