Nassau County District Attorney Kathleen Rice, who began a criminal investigation shortly after last November's customer stampede at Wal-Mart's Valley Stream store, said that if she had brought criminal charges against the retailer in the worker's death, the company would have been subject to only a $10,000 fine if convicted. Rice declined to say what charges were considered against Wal-Mart, citing the secrecy of grand jury proceedings.

Instead, she said, the company has agreed to implement an improved crowd-management plan for post-Thanksgiving Day sales, set up a $400,000 victims' compensation and remuneration fund, and give a $1.5 million grant to Nassau County social services programs and non-profit groups.

The agreement included no admission of guilt by Wal-Mart.

Jdimytai Damour, a temporary employee, had been on the job for about a week and had no training in security or crowd control when a crowd estimated at 2,000 broke down the Valley Stream store's doors, trapping him in a vestibule.

Built like an NFL linebacker at 6-foot-5 and 270 pounds, the 34-year-old Queens man died of asphyxiation. Eleven others, including a pregnant woman, were injured.

Earlier this year, Damour's family announced plans to sue the county, the retailer and others.

Any victims who accept payment from the Wal-Mart compensation fund will be required to waive their right to a separate civil suit against Wal-Mart.