se Document 26 5 Page-|D; 1 YP United States Attorney Distric! of New Jersey #lm 2 7 2059 wa BrondS1reet,S1zile nm WILLIAM T. Newark, NJ 07102 CLERK 2oo1Ro152o December 28, 2001 Carmen C. Rusignola, Esq. 20-24 Branford Place Newark, NJ 07102 if ei Re: Plea A reement with Nasser Abuali Dear Mr. Rusignola: This letter sets forth the full and complete agreement between defendant Nasser Abuali ("Abuali") and the United States Attorney for the District of New Jersey. Charge Conditioned on the understandings specified below, the United States will accept a guilty plea from Abuali to Count One of the Indictment, Criminal No. O1-686 (WHW), which charges Abuali with conspiring to commit interstate theft, contrary to 18 U.S.C. 659, in violation of 18 U.S.C. 371. If Abuali enters a guilty plea and is sentenced on this charge, the United States Attorney for the District of New Jersey will not bring any further charges against Abuali relating to his possession of stolen Kellogg's cereal from on or about May 9, 2000 through on or about May 16, 2000. In addition, at the time of sentencing in this matter, the United States will move to dismiss Count Two of the Indictment, Criminal No. O1-686 (WHW), against Abuali. However, in the event that the judgment of conviction entered as a result of this guilty plea does not remain in full force and effect, any charges that are not time-barred by the applicable statute of limitations on the date this agreement is signed by Abuali may be commenced against him, notwithstanding the expiration of the limitations period after Abuali signs the agreement. Sentence and Other Penalties The sentence to be imposed on Abuali is within the sole discretion of the sentencing judge, subject to the provisions of the Sentencing Reform Act, 18 U.S.C. 3551-3742 and 28 U.S.C. C%e2mcHw%6 P@e2m5Pwm@2 991-998, and the United States Sentencing Guidelines. The sentencing judge may impose the maximum term of imprisonment and the maximum fine that are consistent with the Sentencing Reform Act and the Sentencing Guidelines, up to and including the statutory maximum term of imprisonment and the statutory maximum fine. The violation of 18 U.S.C. 371 charged in of the Indictment carries a statutory maximum penalty imprisonment and a $250,000 fine. Pursuant to 18 U.S the sentencing judge could impose an alternative fine Count One of 5 years' C. 3571, of up to twice the gross profits to Abuali or gross loss to any victims of his offense. The Sentencing Reform Act and the Sentencing Guidelines also may impose a minimum term of imprisonment and/or fine, and the Sentencing Guidelines may authorize departure from the minimum and maximum penalties under certain circumstances. All fines imposed by the sentencing court in excess of $2,500 are subject to the payment of interest. Further, in addition to.imposing any other penalty on Abuali, the sentencing judge: (1) will order Abuali to pay an assessment of $100 pursuant to 18 U.S.C. 3013, which assessment must be paid on or before the date of sentencing; (2) may order Abuali to pay restitution pursuant to 18 U.S.C. 3663, 3663A, and 3664; (3) may order Abuali, pursuant to 18 U.S.C. 3555, to give notice to any victims of his offense; and, (4) pursuant to 18 U.S.C. 3583 and 5Dl.2 of the Sentencing Guidelines, may require Abuali to serve a term of supervised release of at least 2 years but not more than 3 years, which will begin at the expiration of any term of imprisonment imposed. Should Abuali be placed on a term of supervised release and subsequently violate any of the conditions of supervised release before the expiration of its term, he may be sentenced to not more than 2 years' imprisonment in addition to any prison term previously imposed, without credit for time previously served on post-release supervision, and in addition to the statutory maximum term of imprisonment set forth above. Stipulations The United States and Abuali agree to stipulate at sentencing to the statements set forth in the attached Schedule A, which hereby is made a part of this plea agreement. This agreement to stipulate, however, cannot and does not bind the sentencing court, which may make independent factual findings and may reject any or all of the stipulations entered into by the parties. To the extent that the parties do not stipulate, each reserves the right to argue the effect of any fact upon Case Document 26 Filed age 3 of 5 PageIDf 3 sentencing. Moreover, this agreement to stipulate on the part of the United States is based on the information and evidence that this Office possesses as of the date of this plea agreement. Thus, if this Office obtains or receives additional evidence or information prior to sentencing that it determines to be credible and to be materially in conflict with any stipulation in the attached Schedule A, the United States shall not be bound by any such stipulation. A determination that any stipulation is not binding shall not release either the United States or Abuali from any other portion of this plea agreement, including any other stipulation. Rights of U.S. Attorney's Office at Sentencing This Office cannot and does not make any representation or promise as to what guideline range will be found applicable to Abuali, or as to what sentence he ultimately will receive. This Office, however, does reserve its right to take a position with respect to the appropriate sentence to be imposed on Abuali by the sentencing judge. In addition, this Office will inform the sentencing judge and the Probation Office of: (1) this agreement; (2) the nature and extent of Abuali's activities and relevant conduct with respect to this case; and (3) all other information relevant to sentencing, favorable or otherwise, in the possession of this Office. The United States specifically reserves the right to correct factual misstatements relating to sentencing proceedings; to appeal Abuali's sentence pursuant to 18 U.S.C. 3742(b); and to oppose any appeal of his sentence by Abuali pursuant to 18 U.S.C. 3742(a). Other Provisions This agreement is limited to the United States Attorney's Office for the District of New Jersey and cannot bind other federal, state, or local prosecuting authorities. However, this Office will bring this agreement to the attention of other prosecuting offices, if requested to do so. Finally, this agreement was reached without regard to any civil matters that may be pending or commenced in the future against Abuali, including, but not limited to, proceedings by the Internal Revenue Service relating to potential civil tax liability. This agreement constitutes the full and complete agreement between Abuali and the United States Attorney for the 1 Document 26 Filed Page4of5 PageID:4 District of New Jersey. No additional promises, agreements, or conditions have been entered into other than those set forth in this letter, and none will be entered into unless in writing and signed by all parties. Very truly yours, RO J. CLE it ates Jttorney yr y; A. Matth Assistant U.S. Attorney APPROVED: Jeff a Deputy Chief, Criminal Division I have received this letter from my attorney, Carmen Rusignola, Esq., I have read it, and I understand it fully. I hereby acknowledge that it fully sets forth my agreement with the Office of the United States Attorney for the District of New Jersey. I state that there have been no additional promises or representations made to me by any officials or employees of the United States Government or by my attorney in connection with this matter. asser Abuali Witnessed by: Carmen Rusignola, Esq. Counsel for Nasser Abuali Date: Jmuwry 3,2002 . Case Document 26 Filed 03/27/0 age 5 of _5 PageID:`5 PLEA AGREEMENT WITH NASSER ABUALI Schedule A The sentencing to conditions in United States and Abuali agree to stipulate at the statements set forth below, subject to the the attached plea agreement. 1. The applicable sentencing guideline is 5 2Bl.l. At the time of the conduct at issue in this case, this guideline carried a Base Offense Level of 4. 2. The "loss" in this case is greater than $70,000, but less than $120,000. As a result, pursuant to the guidelines in effect at the time of the conduct at issue, Specific Offense Characteristic applies. This Specific Offense Characteristic results in an increase of 8 levels. 3. As of the date of this agreement, Abuali has clearly demonstrated a recognition and affirmative acceptance of personal responsibility for the offense charged. This results in a decrease of 2 levels, pursuant to U.S.S.G. if Abuali's acceptance of responsibility continues through the date of sentencing. 4. As of the date of this notified authorities of an intention thereby permitting the government to and permitting the court to allocate If the offense level is 16 or greater, this results agreement, Abuali has timely to enter a plea of guilty, avoid preparing for trial its resources efficiently. in an additional decrease of 1 level, pursuant to U.S.S.G. unless Abuali indicates an intention a plea of guilty, thereby forcing the government to trial. 5 not to enter prepare for