The diplomat’s lawyer, Daniel Arshack, on Monday alleged the investigators got it all wrong, mistaking $4,500 on Richard’s visa application as her monthly salary, when, in fact, it was what her employer, Khobragade, would be making.
Mark Smith, the Bureau of Diplomatic Security agent who processed the arrest and drew up the affidavit, said the lawyer, “simply made an error” in reading Richard’s visa form -- the DS 160.
“He erroneously read the $4,500 a month salary entry on the form as the domestic worker's expected salary when, in fact, it was clearly a reporting of the base salary to be earned by the diplomat in the United States,” said Arshack.
That figure was mentioned in Richard’s visa application only to assure US embassy consular service officials, he added, that Khobragade would be drawing enough to pay Richard the $1,560 a month promised to her in the contract submitted with her DS160.
In a complaint filed in a New York federal court, Agent Smith had alleged that Richard worked “far more” than 40 hours a week, and was paid less than $9.75 an hour.
In fact, the agent alleged, the housekeeper was paid even less than the amount that was promised to her in the oral agreement, the second contract: Rs. 30,000 at $3.31 an hour.
That was roughly $570 a month, still about $1,000 short.
Arshack claimed Khobragade paid $570 “directly to her husband as per the second contract”. “The balance of her income (about $1,000 per month) was paid directly to her in New York,” the lawyer said, adding, “There was no money withheld from her.”