1UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINIAAlexandria DivisionUNITED STATES OF AMERICA ))v. ) Case No. 1:11-cr-561-LO)SYED GHULAM NABI FAI, )
Sentencing Date: March 30, 2012
DEFENDANT’S SENTENCING MEMORANDUM
Syed Ghulam Nabi Fai submits this sentencing memorandum in support of his request fora sentence of probation with a lengthy period of home or community confinement, restitution,community service and a three year period of supervised release. The sentence requested is“sufficient, but not greater than necessary” to achieve the purposes of sentencing set forth in 18U.S.C. § 3553(a)(2).Dr. Fai is a 62 year old American citizen who was born in the disputed region of Jammuand Kashmir, India.
As set forth below, the seriousness of his offenses is substantially mitigatedby the unspeakable suffering of the Kashmiri people that motivated his crimes, as well as hisdemonstrated remorse. There is no need to imprison Dr. Fai to prevent him from committingfurther crimes, given his extraordinarily low risk of recidivism, as well as his recognition that hisconduct has destroyed his credibility as an autonomous interlocutor for peace among hissupporters and foes alike.
The territory referred to as Jammu and Kashmir is disputed among China, India and Pakistan.Pakistan refers to it as Indian-occupied Kashmir. The United Nations calls the territory Indian-administered Kashmir. The regions under the control of Pakistan are referred to as Pakistan-occupied Kashmir or PoK within India.
Case 1:11-cr-00561-LO Document 59 Filed 03/26/12 Page 1 of 33 PageID# 492