Indian deputy consul general arrested in US on visa fraud charges

[dbc]

The story of a 17 year old Shanti Gurung enslaved by Neena Malhotra, a diplomat in the Indian Mission to the United Nations. This one had full diplomatic immunity.

Gurung may have won her case, but it's highly unlikely she will ever see a cent. The Malhotras returned to India last year before they could be served the lawsuit and it is doubtful that the Indian government will intervene. The State Department has yet to act on Adhikaar and DAMAYAN's call for action.

Erwin de Leon: Diplomat's Servant Exposes Modern Day Slavery in the U.S.

 

[sms]

@sms - do you have the link to the above?

Ophs.... FYI

Devyani’s lawyer calls $4,500 charge an error, blames US for it - Hindustan Times

 

[sms]

More news .. as story is evolving seems like there was a big blunder created by USA or it's a cover up...

NEW DELHI: Even as the US remains reluctant to drop visa fraud charges against diplomat Devyani Kohobragade, the government has taken the line that the 39-year-old IFS officer had fulfilled all her commitments in contracts signed with domestic help Sangeeta Richard. Khobragade on Monday got accreditation from the UN in her current posting at India's permanent mission paving the way for full immunity after acknowledgement from the state department.

The government is insisting before the US that as per the contract signed between Khobragade and Richard on November 11, 2012, the diplomat had to pay only $1,560 (at $9.75 hourly wage and 40 hours of work per week) to the help monthly. Sources said this was being paid to her in the form of $560 (or Rs 30,000 transferred to Richard's bank account in India every month), another $375 as deducted from the salary to pay for her chargeable utilities like telephone usage, cable TV, non-work related conveyance, expenses and another $625 given in cash, occasionally with signed receipts. As there were several months where the weekly hours fell well below 40 working hours, the cash payment was apparently adjusted accordingly.

The government has conveyed to US authorities that the figure of $4,500, which is mentioned in the salary details box in form DS-160 that Khobragade helped Richard fill, has been "mistakenly'' quoted by US agencies.

It has also been discovered that all three tickets meant for husband Philip Richard and two children were purchased by the US embassy. Even tax exemption was availed. The tickets were paid for through Master Card, and the endorsement reads JNTAXEXEMPTEDUSEMBASSY. The three flew toNew York three days before Khobragade's arrest.

The diplomat has been allowed exemption from appearing in court personally. Khobragade is expected to have full immunity which will preclude any court jurisdiction over her, even if the crime was committed before the period of immunity. This will not be a "perpetual benefit'' for the diplomat though. In case she continues to stay back after the expiry of her full immunity, or comes back to the US in her personal capacity, she will have to face prosecution.

The US embassy here has sought extension of Monday's deadline for filing the visa and other details of the Indians employed by it and its officers. This information includes salary being paid to domestic help employed by US diplomats in India. New Delhi has also sought information about spouses of diplomats and other officials working with the American Embassy School (AES).

India is expected to deliver new identity cards to US consular officials, which will ensure that they have only consular, and not diplomatic, immunity. The US sought to draw a distinction between consular and diplomatic immunity in the Khobragade case saying that she was entitled to only consular immunity in her capacity as deputy consul general. Until now, India had not differentiated between consular and diplomatic privileges for US officials and had given diplomatic immunity to all of them.

Link: UN accreditation for Devyani Khobragade, immunity to follow soon - The Times of India

Good to see Indian are learning to call spade "a Spade" No special privileges to consulate employees if they are not entitled for it.

 

[takeiteasy]

Good to see Indian are learning to call spade "a Spade" No special privileges to consulate employees if they are not entitled for it.

US will ensure that what their POV must be categorized as the truth and charges will continue. atleast, NRI USA apologists wants to be so.

 

[Guynextdoor2]

It's the corruption capital of the world. Combine that corruption with their famous IQ and you have what you have over there.

Actally china is the corruption capital of the world now with more money leaving your system to swiss banks than we can imagine. So much for benign dictatorship.

 

[JanjaWeed]

UN / US... they are all the same. Atleast they are trying to find a honorable exit for this episode.

 

[Guynextdoor2]

Krait , the best course of action for her doesn't lie in escape , it lies in facing the charges and then coming out clean , this pretty much will sum up her diplomatic career if you try to get her to India next after transferring her to UN mission ( assuming the State Dept signs that piece of paper ) .

What is this, some Hollywood movie? We'll bring her back home whether she gets that UN posting or not. That's the key.

 

[Chronos]

Actally china is the corruption capital of the world now with more money leaving your system to swiss banks than we can imagine. So much for benign dictatorship.

Surely at one point you must realise that replying to Chinese bots is futile.

 

[Juice]

The best outcome from this fiasco is we let the poor girl go....then India prosecutes her for defaming their reputation and bringing shame on the nation.

The truth is she would have been far better served by a measured response...quietly handled. India wanted to make it into a d!ck measuring contest....now it is actually harder to let her off.

 

[rockstarIN]

The best outcome from this fiasco is we let the poor girl go....then India prosecutes her for defaming their reputation and bringing shame on the nation.

The truth is she would have been far better served by a measured response...quietly handled. India wanted to make it into a d!ck measuring contest....now it is actually harder to let her off.

We will prosecute her if she did anything wrong on correction scandals.

Anything can't he quite in India, its a democracy and stripping etc is not acceptable.

 

[Secur]

What is this, some Hollywood movie? We'll bring her back home whether she gets that UN posting or not. That's the key.

Then enlighten me , why is she being transferred to the UN mission . Unfortunately , that key of yours , that is a recipe for disaster for her diplomatic career .

If she convicted for the crime she accused of, how can she will be free to leave and not serve her time?

If she is granted the full immunity by State Dept signing to allow her to transfer to UN Mission , she's free to leave the States at any desired time . The legal question is that since the charges were pressed when she didn't have it , what does U.S. court do ?

 

[Star Wars]

Then enlighten me , why is she being transferred to the UN mission . Unfortunately , that key of yours , that is a recipe for disaster for her diplomatic career .



If she is granted the full immunity by State Dept signing to allow her to transfer to UN Mission , she's free to leave the States at any desired time . The legal question is that since the charges were pressed when she didn't have it , what does U.S. court do ?

I believe her UN posting has already been confirmed , she will be allowed to leave and willbe "absconding" as per US Law

 

[JanjaWeed]

US hypocrisy.....

Kerry asked why no action against Russian diplomat

WASHINGTON: Amidst a row over the arrest of a senior Indian diplomat on visa fraud charges, a top American lawmaker has asked Secretary of State John Kerry why no action was taken against dozens of Russian diplomats allegedly defrauding US government's benefits programmes.

Congressman Ed Royce, Chairman of powerful Foreign Relations Committee, in a strongly-worded letter to Kerry, said he is deeply troubled by recent dozens of Russian diplomats and their dependents apparently engaged in systematic Medicaid fraud while in the US.

According to Preet Bharara, the Indian-American US Attorney for the Southern District of New York, 25 current and former Russian diplomats and 24 of their spouses allegedly participated in a scheme to illegally obtain Medicaid benefits for prenatal care and related costs by underreporting their income or falsely claiming that their children were citizens of the US.

In the last decade, they and other co-conspirators received approximately USD 1.5 million in benefits to which they were not entitled.

"How will the Administration treat the 11 named defendants who, according to the US Attorney, remain in the United States? Will you ask the Russian government to waive their immunity so that they can be prosecuted? If not, will the Department declare them persona non grata?" Royce asked.

"How will the Administration treat the 38 named defendants who, according to the US Attorney, no longer reside in the United States? Will you request that they be extradited to stand trial? If not, will the Department declare them persona non grata?" Royce asked.

"How will the Administration treat the 38 named defendants who, according to the US Attorney, no longer reside in the United States? Will you request that they be extradited to stand trial? If not, will the Department impose a US visa ban on them?" he asked.

Royce said the unsealing of the US Attorney's criminal complaint raises a number of issues about the Administration's options for handling this matter and the interagency coordination during the precursor investigation. Royce's comments came as the arrest of senior diplomat Devyani Khobragade on December 12 in New York for alleged visa fraud sparked outrage in India and prompted a diplomatic row with the US.
Kerry asked why no action against Russian diplomat - The Economic Times

 

[Star Wars]

US hypocrisy.....

Hypocracy nahi...Gaand mai Dum nahi hai .... Putin to pehle hi obama admisntration ki le li Syrian crisis mai...

 

[sincity]

Then enlighten me , why is she being transferred to the UN mission . Unfortunately , that key of yours , that is a recipe for disaster for her diplomatic career .



If she is granted the full immunity by State Dept signing to allow her to transfer to UN Mission , she's free to leave the States at any desired time . The legal question is that since the charges were pressed when she didn't have it , what does U.S. court do ?

US criminal court already stated she only get a retroactive immunity, which mean she still be prosecuted for her past crime but if she allowed to transfer to UN mission, she the have full immunity and shield her from any prosecution. US justice system can't prosecute any UN member because UN have the jurisdiction over any UN membership and US justice system can't enforce US law within UN Jurisdiction. This is what I believe and I'm not sure since I'm not a legal expert.