Thursday, December 19, 2013

DEVYANI KHOBRAGADE -- COURTESIES WELL BEYOND WHAT OTHER DEFENDANTS ARE ACCORDED

I am outraged that a law-breaking foreign-national was treated much better than an American citizen, ESPECIALLY when the matter involved virtual slave labour (paying far LESS than minimum wage to a domestic whose employment and residence could be terminated at will, and who was thus in a position of extreme vulnerability to undue pressure) as well as probable false accusation (made by the defendant against the domestic), and severe abuse of diplomatic privileges.
 
Given the facts of the case, as they are presently known, deputy consul general ms. Khobragade AND her superiors had plenty of time to rectify matters, both vis-à-vis the gross exploitation of an employee AND the illegality of their actions. They were made aware of the legal issue in September. Ms. Khobragada wasn't arrested until mid-December.
 
Since then, a coterie of blow-hard politicians in India have spewed any amount of ignorant and bigoted venom, displaying both their vile characters and their complete contempt for other countries and cultures. This is to be expected from the entitled classes in their society; a high level of brutality and self-justification is rampant among the hereditarily empowered and their acolytes and compradores.


Consequently, I would wish for the following individuals to study the document below with great assiduity:
Devyani Khobragade, Uttam Khobragade, Sushil Kumar Shinde, Rahul Gandhi, Narendra Modi, Meira Kumar, Shiv Shankar Menon, Kamal Nath, Salman Khurshid, Yashwant Sinha, et alii qui sunt comtemptibiles.
 
 
 
 
 
Statement Of Manhattan U.S. Attorney Preet Bharara
On U.S. v. Devyani Khobragade
 
 
FOR IMMEDIATE RELEASE

Wednesday, December 18, 2013


There has been much misinformation and factual inaccuracy in the reporting on the charges against Devyani Khobragade. It is important to correct these inaccuracies because they are misleading people and creating an inflammatory atmosphere on an unfounded basis. Although I am quite limited in my role as a prosecutor in what I can say, which in many ways constrains my ability here to explain the case to the extent I would like, I can nevertheless make sure the public record is clearer than it has been thus far.

First, Ms. Khobragade was charged based on conduct, as is alleged in the Complaint, that shows she clearly tried to evade U.S. law designed to protect from exploitation the domestic employees of diplomats and consular officers. Not only did she try to evade the law, but as further alleged, she caused the victim and her spouse to attest to false documents and be a part of her scheme to lie to U.S. government officials. So it is alleged not merely that she sought to evade the law, but that she affirmatively created false documents and went ahead with lying to the U.S. government about what she was doing. One wonders whether any government would not take action regarding false documents being submitted to it in order to bring immigrants into the country. One wonders even more pointedly whether any government would not take action regarding that alleged conduct where the purpose of the scheme was to unfairly treat a domestic worker in ways that violate the law. And one wonders why there is so much outrage about the alleged treatment of the Indian national accused of perpetrating these acts, but precious little outrage about the alleged treatment of the Indian victim and her spouse?

Second, as the alleged conduct of Ms. Khobragade makes clear, there can be no plausible claim that this case was somehow unexpected or an injustice. Indeed, the law is clearly set forth on the State Department website. Further, there have been other public cases in the United States involving other countries, and some involving India, where the mistreatment of domestic workers by diplomats or consular officers was charged criminally, and there have been civil suits as well. In fact, the Indian government itself has been aware of this legal issue, and that its diplomats and consular officers were at risk of violating the law. The question then may be asked: Is it for U.S. prosecutors to look the other way, ignore the law and the civil rights of victims (again, here an Indian national), or is it the responsibility of the diplomats and consular officers and their government to make sure the law is observed?

Third, Ms. Khobragade, the Deputy General Consul for Political, Economic, Commercial and Women’s Affairs, is alleged to have treated this victim illegally in numerous ways by paying her far below minimum wage, despite her child care responsibilities and many household duties, such that it was not a legal wage. The victim is also alleged to have worked far more than the 40 hours per week she was contracted to work, and which exceeded the maximum hour limit set forth in the visa application. Ms. Khobragade, as the Complaint charges, created a second contract that was not to be revealed to the U.S. government, that changed the amount to be paid to far below minimum wage, deleted the required language protecting the victim from other forms of exploitation and abuse, and also deleted language that stated that Ms. Khobragade agreed to “abide by all Federal, state, and local laws in the U.S.” As the Complaint states, these are only “in part” the facts, and there are other facts regarding the treatment of the victim – that were not consistent with the law or the representations made by Ms. Khobragade -- that caused this Office and the State Department, to take legal action.

Fourth, as to Ms. Khobragade’s arrest by State Department agents, this is a prosecutor’s office in charge of prosecution, not the arrest or custody, of the defendant, and therefore those questions may be better referred to other agencies. I will address these issues based on the facts as I understand them. Ms. Khobragade was accorded courtesies well beyond what other defendants, most of whom are American citizens, are accorded. She was not, as has been incorrectly reported, arrested in front of her children. The agents arrested her in the most discreet way possible, and unlike most defendants, she was not then handcuffed or restrained. In fact, the arresting officers did not even seize her phone as they normally would have. Instead, they offered her the opportunity to make numerous calls to arrange personal matters and contact whomever she needed, including allowing her to arrange for child care. This lasted approximately two hours. Because it was cold outside, the agents let her make those calls from their car and even brought her coffee and offered to get her food. It is true that she was fully searched by a female Deputy Marshal -- in a private setting -- when she was brought into the U.S. Marshals’ custody, but this is standard practice for every defendant, rich or poor, American or not, in order to make sure that no prisoner keeps anything on his person that could harm anyone, including himself. This is in the interests of everyone’s safety.

Fifth, as has been reported, the victim’s family has been brought to the United States. As also has been reported, legal process was started in India against the victim, attempting to silence her, and attempts were made to compel her to return to India. Further, the Victim’s family reportedly was confronted in numerous ways regarding this case. Speculation about why the family was brought here has been rampant and incorrect. Some focus should perhaps be put on why it was necessary to evacuate the family and what actions were taken in India vis-à-vis them. This Office and the Justice Department are compelled to make sure that victims, witnesses and their families are safe and secure while cases are pending.

Finally, this Office’s sole motivation in this case, as in all cases, is to uphold the rule of law, protect victims, and hold accountable anyone who breaks the law – no matter what their societal status and no matter how powerful, rich or connected they are.

[Source: http://www.justice.gov/usao/nys/pressreleases/December13/KhobragadeStatement.php.]

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ANENT DESPICABILITY

Perhaps it is time to reconsider our relations with a country that has so entrenched a class at the top that they do not deign to regard those who work for them, such as Ms. Sangeeta Richard, due any consideration.
The 'Brahmins' of Delhi are so puffed up with their own importance that the minor human details are not worthy of their attention.

Additionally, given the outrage from the Indian population and media, which has clearly been engineered by their opportunistic and cynical politicians, we might want to start thinking about yanking work visas for numerous Indian techies in the United States. At the very least, investigating how many of them are potential liabilities, and putting a freeze on ALL visa applications from the subcontinent for the foreseeable future, or until this matter is cleared up.

Indians, like Europeans and Arabs, do not like us.
Not most of them.

We, to our credit and our own harm, extend them and their diplomats far greater international courtesies than they deserve.
Ms Khobragade was treated infinitely better than an American Citizen in an equal situation, and much better than was required.
She and her superiors should consider that, and remember that arrogantly violating laws brings a blot upon their country and the people that they represent.




NOTE: Ms. Khobragade was in the United States by invitation. We had reason to believe therefore that she would be on her best behavior.
As we have for ALL diplomats from "friendly" countries.
Sadly, as often happens, we were proven naive.




AFTER WORD

Preetinder ('Preet') Singh Bharara is a naturalized American of Punjabi ancestry, currently U.S. Attorney for the Southern District of New York. Unsurprisingly, he exemplifies the high standards of ethics and probity which we have come to expect from many who choose to join us.
He has garnered praise for his stellar service combatting corruption.


Satya mev jayate.



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1 comment:

Anonymous said...

I have always found the Indian people to be very nice (by in large). The two main religions are peaceful although extremist can be found (just like here in the US). That being said that diplomat was way off base and probably deserves the treatment. I hope they find the enlightenment they seek (Buddhists and Hindus) and the abandonment of that hideous caste system that they cling to all the while denying it’s continued existence. Perhaps then they will “archive their totality”. LOL

KR

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