T5 B8 Mohammad Salameh Fdr- US v Mohammed Abouhalima Pre Sentence Investigation Report (Pgs 15-18 Not in Fdr- Exhibits Not Scanned) 684

8/14/2019 T5 B8 Mohammad Salameh Fdr- US v Mohammed Abouhalima Pre Sentence Investigation Report (Pgs 15-18 Not i

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STATES DISTiiiCT COURTSOUTHERN DISTRICT OF MEW YORKUNITED STATES OF AMERICA

-against-MOHAMMED ABOUHALIMA,

Defendant.

-X

S7 93 Cr. 181 (MBM)< , ORDER

MICHAEL B. MUKASEY, U.S.D.J.*The presentence investigation report of Mohammed

Abouhalima is amended as follows:Paragraphs 1 through 22 and 48 through 58 are stricken.

Dated: New York, New YorkDecember 9, 1998 Mukasey,U.S. District Judge


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CORRECTED P8IIN ONITED STATES DISTRICT COURTFOR THE SOUTHERN DISTRICT OF NEW YORK 1 5 ! .14696

STATES OF AMERICAVS.

Mohammed Abouhalima

For:

By:

PRESENTENCE INVESTIGATION REPORTDocket No.39 9,3 CR 181-14(MBM)Sentence Date: November 24.4,3,

Honorable Michael B. MukasevUnited States District JudgeMargaret M. La CovaraSenior U.S. Probation Officer ^IJWNew York City (212) 805-5172 COMPLY WITH

U.S. Attorney- 212-791-8146Seidel - 212-791-9276

Defense CounselDavid LewisLewis & Fiore225 BroadwayNew York, New York212-285-2290

Count 1 - Accessory After The Fact (18 USC 3), A Class C Felony15 Years And/Or $250,000 Fine; 3 Yeag' ^ fised Release; $50special assessment.

Cases:

of Birth:

Arrested and reFebruary18, 1996;PRB Co-S,iPersons

3, 1993; Released onand remanded on Septemberctober 3, 1996 on a $200,000Financially ResponsibleBy Three Properties; PretrialecuredSupervision With Electronic Monitoring; Travel RestrictedTo Southern District Of New York, Eastern District Of NewYork, And District Of New JerseySee "Part A. Charges And Convictions" SectionSee "Part A. Charges And Convictions" Section

February 23, 1964WhiteMaleMarriedSome CollegeFour85 Pershing AvenueCarteret, New Jersey07008

Age:S.S.# :FBI # :NYSID#:USM # :other D#:Citizenship

33087-72-9699742127TA5None28173-054INS#: A91184226Egypt

Prepared:Sentember 10. 1997 Date Revised: Januarv 6, 1999


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ABOUHALIMA, MOHAMMED-2-

PART A. THE OFFENSE

Charge(s) and Convictionfs)

1. S9 93 CR 181(MBM), a two-countSouthern District of New York on Sej

2. Count S9-1; In late February and MaDistrict of New York and elsewhere.,\ABOUHALIMA, together with others,Mahmud Abpuhalima to John F. Kennedy ia flight to Saudi Arabia, withAbouhalima had participated in the fof the World Trade Center, by use o. fdevice, in violation of 18 USC 844caused injury to in excess of 1,000 fcto John DiGiovanni, RobertMacko, WiIfredo Mercado, and Monica

(18 USC 3)3. Count S9-2: From September 28,1987

the Southern District of New Ycdefendant, MOHAMMED ABOUHALIMA,affidavit to the Immigrationwhich he, in support of his,status as a Specialthat he had worJfact continued jjf e s ten eirary rethat affidavd,

(18 USC 1426(b))Following a jury trial before th'.Mukasey, MOHAMMED ABOUHALIMA, on Mayon Count S9-1. His sentence dateSeptember 22, 1997.Related Case(s)Indictment 93 CR 180 (KTD)was filedof New York on March 17, 1993.superseding Indictments were filedNew York on the following dates,1993, April 7, 1993, May 26, 1993 rS5 93 CR 180 (KTD) was filed in theYork on September 1, 993.

j f - '*>..

1Count S9-2,which was severed from17, 1997, remains pending...V. _::


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ABOUHALIMA, MOHAMMED

7.

10,

Count S5-I; From at least April 1992, through ifiling date of this Indictment, in the SoutherriNew York and elsewhere, the defendants, Moham$ a/k/a "Kamal Ibraham," Nidal Ayyad, Mahmud AbMohammed Ajaj, aka "Khurram Khan," Ramzi Ahmed j"Azan Muhammad," aka "Khurram Kahn," aka "Rashed,'Ibraham," aka "Abdul Basit," and Abdul Rahmari"Aboud," and others, conspired to destroyvehicles, some of which was owned by U.S.agencies, with disregard for the safety of hum rmeans of explosives and fire, in violation of Sect"11*3844(f), 844(d), and 33 of Title 18, United State* -^

(18 USC 371)Count S5-2: On February 26, 1993, in the Southern.New York, Salameh, Ayyad, Abouhalima, Ajaj, Yousedamaged the World Trade Center complex located i^New York, by use of an improvised explosive devl5personal injury to numerous persons and causing tJohn DiGiovanni, Robert Kirkpatrick, Step:Macko, Wilfredo Mercado and Monica Smith ,

_ n '(18 USC 844(i)kiBt te SouthernAjaj , Youse?which wasscret Service and theT'vehicles owned by the * r

kan improvised explosive devi^personal injury to numerous persons and causing t^*John Di Giovanni, Robert Kirkpatrick, StephenMacko, Wilfredo Mercado and Monica Smith.

Count S5-3; On February 26,New York, Salameh,damaged the Worldand leased by thService, and nService, by use o

omplex,

(18 USC 844 (f) and 2)Count 55-4: On February 26, 1993, in the SouthernNew York, Salameh, Ayyad, Abouhalima, Ajaj, Youse? transported an improvised explosive device from Nt*New York knowing that the device was to be usedWorld Trade Center complex and any vehicles andwithin the complex, causing personal injurypersons and causing the deaths of John Di Giovcf*Kirkpatrick, Stephen Knapp, William Macko, Wand Monica Smith.

(18 USC 844(d) and 2)


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ABOUHALIMA, MOHAMMED 14696/M.M. La Covara-4-

11. Count S5-5;On February 26, 1993, in the Southern District ofNew York, Salameh, Ayyad, Abouhalima, Ajaj, Yousef, and Yasinplaced an improvised explosive device inside a Ryder rentalvan bearing Alabama license plate number XA70668, whichimprovised explosive device exploded inside the van, causingdamage to and destroying the van, and causing the deaths ofJohn Di Giovanni., Robert Kirkpatrick, Stephen Knapp, WilliamMacko, Wilfredo Mercado and Monica Smith.(18 USC 33, 34 and 2)

12. Count S5-6;On February 26, 1993,Salameh, Ayyad, Abouhalima,Ajaj, Yousef, and Yasin placed an improvised explosive deviceinside a Ryder rental van bearing Alabama license plate numberXA70668, which improvised explosive device exploded inside thevan, causing damage to and destroying numerous motor vehicleswhich were in proximity to the van, causing damage to theWorld Trade Center complex and the deaths of John Di Giovanni,Robert Kirkpatrick, Stephen Knapp, William Macko, WilfredoMercado and Monica Smith.(18 USC 33, 34 and 2)

13. Count S5-7; On September 1, 1992, in the Eastern District ofNew York and elsewhere, Ajaj and Yousef . .paveiled in foreigncommerce and used a facility in inrfeej|c1:ate and foreigncommerce with the intent to commit\J:g!B(85sof violence, namelyarson, and to promote crimes

14. Count S5-8: On ^b^^y^26f^L993, in the Southern District ofNew York, Salameh?} Cyyad, Abouhalima, Ajaj, Yousef, and Yasincaused an explosion at the World Trade Center complex by useof an improvised "explosive device, the force of which injuredthree Special Agents of the U.S. Secret Service.(18 USC 111 and 2)

15. Count S5-9: on February 26, 1993, in the Southern District ofNew York, Salameh, Ayyad, Abouhalima, Ajaj, Yousef, and Yasinused and carried an improvised explosive device during theassault on federal agents.(18 USC 924(c))


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16. Count S5-10: On February 26, 1993, in the Southern District ofNew York, Salameh, Ayyad, Abouhalima, Ajaj, Yousef, and Yasinused and carried an improvised explosive device to damage anddestroy buildings, vehicles, and other property as related inthe conspiracy charged in Count 1 of this Indictment..(18 USC 924(c) and 2)

17. Count S5-11; On September 22, 1992, in the District of NewJersey, SALAMEH submitted to the Immigration andNaturalization Service, an application for temporary permanentresident alien status which contained a false statement.

(18 USC 1546(a))18. On March 4, 1994, following a jury trial before the HonorableKevin T. Duffy, Mohammed Salameh was convicted of Counts 1-6and 8-11. On May 24, 1994, Salameh was sentenced to 240years' confinement, a five-year-term of supervised release,$250,000,000 in restitution, and a fine of $250,000.19. On March 4, 1994, following a jury trial before the HonorableKevin T. Duffy, Nidal Ayyad was convicted of Counts 1-6 and 8-10. On May 24, 1994, Ayyad was sentenced to 240 years'confinement, a five-year-term ^pfr ; supervised release,$250,000,000 in restitution, andf*a-f ing ^ '$250,000.20. On March 4, 1994, followjing a ^ xrial before the HonorableKevin T. Duffy, Mahmuyfi Abpiifiajiima was convicted of Counts 1-6and 8-10. On Kayi^^J^^^^ffj^bouhaliiiia was sentenced to 240years' confinenie ^- ar e-year-term of supervised release,$250,000,000 in rj ution, and a fine of $250,000.21. On March 4, 1994, following a jury trial before the HonorableKevin T. Duffy, Ahmad Mohammad Ajaj was convicted of Counts 1-10. On May 24, 1994, Ajaj was sentenced to 240 years'

confinement, a five-year-term of supervised release,$250,000,000 in restitution, and a fine of $250,000.22. Ramzi Ahmed Yousef, also named in this Indictment, was afugitive at the time of this trial and sentencing. Presently,he is on trial before the' Honorable Kevin T. Duffy. It shouldbe noted, however, Abdul Hakim Murad and Wali Khan Amin Shahwere reportedly not involved in the World Trade Centerbombing.23. S6 93 CR 180-04 (KTD), was filed in the Southern District ofNew York. The date of said filing is unknown.


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chemical companies and numerous calls among himself and hisco-defendants. During the evening of February 26, Abouhalimareturned a car to his employer. At the time, Abouhalima wasvery upset and told his employer that he had a big problemthat he could not discuss.31. On February 27, Abouhalima, who had been a trusted employee,did not return his employer's telephone calls. Instead, onthat same day, Abouhalima made arrangements to leave theUnited States with a one-way ticket.32. Subsequent to the World Trade Center bombing, MahmudAbouhalima informed his brother, MOHAMMED ABOUHALIMA, of hisparticipation in same.2 At that point, the two sought thecounsel of SIDDIG ALI who in turn wrote letters on behalf ofMahmud Abouhalima to a number of his relatives in the Sudan.33. Ultimately, when Abouhalima fled the United States on March 2,1993, he was driven to JFK International Airport in Jamaica,New York, by MOHAMMED ABOUHALIMA. Days later, in conversationwith ALI, and an informant, ABOUHALIMA not only acknowledgedhis awareness of his brother's involvement with the WorldTrade Center bombing, but in fact ..disclosed Mahmud'swhereabouts in Saudi Arabia. As such, --Matimud Abouhalima was

returned to the United States frojac-E jra Siir he custody of FBIagents on March 24, 1993.34. Seized from Mahmud A b o u t f a ^ N e w Jersey apartment, per anexecuted search warrjfnit, s a book entitled "Rapid Demolitionand Destruction.i"x5n^^page on which Abouhalima 's fingerprintappeared, were jrry Mnatical formulae for the destruction ofbuildings induing concrete reinforced towers. The book wasidentical to two books that were seized from Ajaj at the timehe attempted to enter the U.S. with Yousef.35. On March 4, 1993, Mohammad Salameh, who had arranged to leavethe United States, was arrested as he sought the return of hisdeposit on the Ryder van. Following his apprehension, asearch of his apartment recovered a briefcase containingpassport photos of NOSAIR. Also recovered was a book aboutthe Islamic Group, whose writing had been supervised by OMARABDEL RAHMAN and a photograph of Salameh, Ayyad and NOSAIRtogether at Attica prison.

2It was determined that prior to that date, the defendant, onJanuary 2, 1993, had accompanied Mahmud Abouhalima to visit withNOSAIR at Attica.


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rABOUHALIMA, MOHAMMED 14696/M.M. La Covara

-8-

36. Besides Mahmud Abouhalima, Yousef also fled the United States,leaving on a flight to Pakistan on the night of the bombing.37. Nidal Ayyad was arrested on March 10, 1993 at his home inMaplewood, New Jersey. At the time of his arrest, agentsexecuted a search warrant at this residence. The agentsrecovered, among other things, a torn-up photograph in the

garbage depicting Ayyad in front of the Palestinian flagholding a hand grenade and a modified timing device that couldbe used to initiate improvised explosive devices. "38. Prior to his initial arrest on August 25, 1993, MOHAMMEDABOUHALIMA was interviewed by FBI agents. During the courseof his initial interview, on March 19, 1993, the defendantdenied any involvement or knowledge of the World Trade Centerbombing, and purported that in his belief, his brother had noparticipation in same.

Adjustment for Obstruction of Justice39. The probation officer has no information to suggest that the'defendant impeded or obstructed justice at the time of thearrest, or during the investigation or prosecution of theoffense.

Adjustment for Acceptance of Responsibility 40. The defendant, who was convicted after trial, declined todiscuss his participation in the instant offense. We havebeen apprised that an appeal will be filed on Abouhalima'sbehalf subsequent to the imposition of sentence.

Offense Level Computation41. The November 1, 1995^gffi?ines j*re used in the selection ofthe sentencing raja al;Jiey''clo not differ from the November

1, 1992 guideli*0 sdH nwere in effect during the occurrenceof the instant(offense.Accessory After The Fact To The Crime Of Bombing The WorldTrade Center

42. The guideline for an 18 USC 3 offense is found in 2X3.1(Accessory After The Fact). That section provides that thebase offense level is six levels lower than that for theunderlying offense, but in no event less than four, or morethan 30.


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43. Since the underlying offense is in violation of 18 USC844 (i), the applicable guideline is S2K1.4 (Arson: PropertyDamage by Use of Explosives). As referenced, the bombingof the World Trade Center resulted in the death of sixindividuals, as well as significant damage to thatfacility. Per 2K1.4(a)(1), the base offense level is 24if the crime (A) created a substantial risk of death orserious bodily injury to any person other than aparticipant in the offense, and that risk was createdknowingly; or (B) involved the destruction or attempteddestruction of a building. However, the Cross Referencewithin this section (2K1.4(c)(1)) states that if deathresulted or the offense was intended to cause death orserious bodily injury, the most analogous guideline is tobe applied from Chapter Two - Part A (Offenses Against APerson) .

44. Given the fact that six deaths ensued from this crime, theappropriate guideline is 2A1.1 (First Degree Murder). TheBackground to 3D1.2 notes in part that cases which involveinjury to distinct victims are sufficiently comparable,whether or not the injuries are inflicted in distincttransactions, so that each count should be treatedseparately rather than grouped together. r. - A s such, the sixvictims are separately addressed andT^'then computed per3D1.4.Group #1 ' ~ ~ ' ~Death of John

45. Base Offense Level: The guideline for First Degree Murderis 2A1.1 which provides for an offense level of 43. Per 30the provisions of 2X3.1, the base offense level is 30.46. Specific Offense Characteristics: None 0.47. Victim Related Adjustments: None Q _48. Adjustment for Role in the Offense: None 0.49. Adjustment for Obstruction of Justice: None C)50. Adjusted Offense Level - Group #1 (Subtotal): 30


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cABOUHALIMA, MOHAMMED 14696/M.M. La Covara

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Group #2Death of Robert Kirkpatrick

51. Base Offense Level: The guideline for First Degree Murderis S2A1.1 which provides for an offense level of 43. Perthe provisions of 2X3.1, the base offense level is 30. 3052. Specific Offense Characteristics: None 053. Victim Related Adjustments: None o54. Adjustment for Role in the Offense: None 055. Adjustment for Obstruction of Justice: None 056. Adjusted Offense Level - Group #2 (Subtotal): 3 0 _

Group #3Death of Stephen Knapp

57. Base Offense Level: The guideline for First Degree Murderis 2A1.1 which provides for an offer\se-rle'vel of 43. Perthe provisions of 2X3.1, the^Jbaeer^^STevel is 30. 30

58. Specific Offense None '' 0 _59. Victim Related Adjustments: None 060. Adjustment for Role in the Offense: None o61. Adjustment for Obstruction of Justice: None 062. Adjusted Offense Level - Group #3 (Subtotal): 30

Group #4Death of William Macko

63. Base Offense Level: The guideline for First Degree Murderis 2A1.1 which provides for a base offense level of 43.Per the provisions of 2X3.1, the base offense level is 30. 3064. Specific Offense Characteristics: None C)65. Victim Related Adjustments: None o _


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ABOUHALIMA, MOHAMMED

66,67.68.

69

70.71.72.73.74.

Adjustment for RegAdjustment for Or

Adjusted Offense *Group #5Death of Wi If edeBase Offense Levt^is 2A1.1 which Vk"Per the provision ~ ~Specific OffenseVictim Related Ad 1Adjustment for RoAdjustment for ObAdjusted Offense 'Group #6

' ' ' "'l-


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ABOUHALIMA, MOHAMMED-12-

14696/M.M. La Covara

81,82.

8384,85.

Multiple Count Adjustment UnitsGroup #1Offense Level - 30 1Group #2Offense Level - .30 1Group #3Offense Level - 30 1

Group #4Offense Level - 30 1Group #5Offense Level - 30 1Group #6Offense Level - 30 1Total Number of Units 6Greater of the AdjustedOffense Levels Above * * * * & ~l ; 7 \ r i ^ 30

; ' . . . - y v 1IncreaseLevel (Adjusted Offense Level (Subtotal): 35Adjustment for Acceptance of Responsibility: The defendantwas convicted after trial, and declined to discuss hisparticipation in the instant offense. Hence, we notbelieve that he has shown recognition of responsibility forthe offense and a reduction of two levels for Acceptance ofResponsibility is not considered applicable under3El.l(a). jTotal Offense Level: 35Chapter Four Enhancements: None oTotal Offense Level: 35


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/""'**!


PART B. THE DEFENDANT'S CRIMINAL HISTORY

Juvenile Adnudicationf s)86. None.

Adult Criminal Conviction Cs)87. A check with the FBI and the New York State Division ofCriminal Justice Services, Bureau of Identification, revealsno prior criminal record for this defendant.

Criminal History Computation88. The defendant has no known criminal convictions. Therefore,the defendant has zero criminal history points and a CriminalHistory Category of I.PART C. OFFENDER CHARACTERISTICS

Personal and Family Data89. The information that is contained within this section wasderived with the assistance of^ a Court-certified Egyptian

interpreter as the def ndanhj^' limited command of theEnglish language.90. Mohammed \ ^ ^ S cKrf i.n Kafrlal-Dawar, Egypt onFebruary -23 sPRr4\ He"'is the third of five children whoresulted 'rifom fehe' lawful union between Hamida Alsayed andMohammed -ftiSouha1ima .91. The defendant recounted that he was reared within an intact,emotionally supportive environment. His mother remained hometo care for her children while the father supported the familywith his earnings as a manager. To date, the parents, ages 5969, respectively, continue to reside in Egypt.92. The siblings include: Mahmud (co-conspirator), age 38, ispresently serving a 240-year prison sentence in relation to aconviction for blowing up the World Trade Center. Azza, a 36-year-old housewife, resides with her husband and threechildren in New Jersey. Sherif, age 22, lives in Egypt asdoes Al-Sayyid, a 21-year-old college sophomore.93. Abouhalima indicated that his family members are devastatedover his legal status as well as that of Mahmud.


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94. In a 1990 civil ceremony conducted in Egypt, the defendantmarried Anam Mohammed whom he had known for a number of years.Three children were born to this union, namely Abdel Rahman,Fatima, and Amira, ages five, four, and twenty-one monthsrespectively. Since 1994, the family has resided at 85Pershing Avenue, Carteret, New Jersey. Abouhalima depictedhis marriage in a. favorable manner and noted that his spouse,a 29-year-old housewife, has consistently provided him withemotional support. We are awaiting the results of a homevisit conducted by our counterpart in that District.95. From 1991 until 1994, the defendant's address was 144 HighStreet, Carteret, New Jersey. Previously, Abouhalima residedin Brooklyn, New York.96. When questioned as to his immigration status, counsel'srepresentative directed the defendant to decline comment. Wehave been apprised by the Immigration and NaturalizationService that the defendant's file, per his prior applicationfor residency under the Amnesty Program, is unavailable forreview. We were also informed that Abouhalima entered theUnited States in 1985. The defendant, for at least a seven-year-period, allegedly committed immigration fraud perdocumentation submitted to the aforementioned agency. He is

considered an illegal alien,^and___the charges of convictionrender him deportab\&? :z& 5~~GtJ&:ssL- that an immigrationhearing will bec BdigSeexFjiiikseguen to the the imposition ofsentence. ** ' -^--"'""' x *SPhysical Condition

97. Mohammed Abouhalima,age 33, is a lightly complected, freckledwhite male with red hair and brown eyes who stands at 6'2",and weighs 220 pounds. There are no outstanding markings ortattoos, and the defendant stated that he enjoys excellentphysical health.Mental and Emotional Health

98. Abouhalima advised that he has never experienced any type ofmental and/or emotional problems that would requireprofessional intervention. There is no available informationthat would suggest the contrary.


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ABOUHALIMA, MOHAMMED 14696/M.M. L-19-

ADDENDUM TO THE PRESENTENCE REPORTThe Probation Officer states that the presentence reportforwarded to defense counsel and counsel for theSeptember 11, 1997 and the content of the Addendum hasto counsel on September 15, 1997 for purpose ofdisclosure to the defendant. The Addendum fairlyobjections they have made.

OBJECTIONSBv the Government

Due to the late submission, the Government has mazeobjections.Bv the Defendant

Due to the lateobjections. Abouhalima has

Respectfully submittstCHRIS J. STANTONChief U.S. Probation - C

MARGAR'ET M. ,2a COVARSenior U S Probatior

Documents

T5 B8 Mohammad Salameh Fdr- US v Mohammed Abouhalima Pre Sentence Investigation Report (Pgs 15-18 Not in Fdr- Exhibits Not Scanned) 684