Arrest warrant issued against Khobragade in US visa fraud case

March 15, 2014

KhobragadeNew York, Mar 15: An arrest warrant was today issued against Indian diplomat Devyani Khobragade on visa fraud charges after her fresh indictment by US prosecutors who accused her of “illegally” underpaying and “exploiting” her domestic maid.

39-year-old Khobragade, who was arrested in New York on December 12 and has since been transferred to the Ministry of External Affairs in New Delhi, faces arrest if she visits the US where her husband and two children are staying.

Following the fresh 21-page indictment, US Attorney in Manhattan India-born Preet Bharara said in a letter to US District Judge William Pauley that an “arrest warrant was also issued today” against the diplomat and that the government “will alert the court immediately upon the defendant's arrest so that an appearance” before the judge may be scheduled.

The new charges, which came two days after a US court dismissed an earlier indictment on Wednesday, accused her of visa fraud and making false statements about the visa application of her maid Sangeeta Richard.

The indictment states that the diplomat “knowingly made” multiple false representations and presented false information to US authorities in order to obtain a visa for a personal domestic worker.

The fresh indictment filed in a court in Manhattan also charges that Khobragade submitted to the US State Department an employment contract of her domestic worker which she knew contained “materially false and fraudulent statements.”

A grand jury had earlier returned a true bill on the two-count criminal indictment of Khobragade.

The indictment said, “Khobragade did not want to pay the victim the required wages under US law or provide the victim with other protections against exploitative work conditions mandated by US law.

“Knowing that if the US authorities were told the truth about the actual terms of her employment agreement with the victim, Khobragade would not have been able to obtain a visa for the victim, Khobragade decided to make false statements to the US authorities,” it said.

Khobragade was arrested on visa fraud charges and for making false statements regarding the visa application of her maid.

She was strip-searched and held with criminals, triggering a row between the two countries with India retaliating by downgrading privileges of certain category of US diplomats among other steps.

The diplomat has refuted the charges against her.

The indictment gives details of the employment contract that Khobragade entered into with her domestic help.

It states that the diplomat “illegally underpaid and exploited the victim.” It said she kept Richard's passport with her and told the maid that it would be returned once her three-year term of employment was completed.

It also states that “escalating efforts” were made by Khobragade and others “to silence and intimidate the victim and her family and lie to Indian authorities and courts.”

Bharara has submitted as exhibits a copy of the employment contract that Khobragade entered into with Richard that states that she will be paid $9.75 per hour salary and would be required to work for 40 hours a week.

Also submitted is a copy of the FIR filed in India in which Khobragade said she had agreed to pay Richard Rs 30,000 per month, contrary to what she had told the US authorities.

According to prosecutors, Khobragade claimed she paid the woman $4,500 a month, but actually paid her around $3 per hour and made her to work for more hours.

The indictment states that Khobragade knew the actual arrangement between her and Richard “violated US laws” and so she created a “fraudulent employment contract” and had the “victim execute it“.

“Because it was created by Khobragade solely to deceive the US embassy during the victim's (visa) interview,” the employment contract “included false statements” that made it seem as if the diplomat's arrangement with the “victim would comply with applicable US laws”, it said.

The fresh indictment comes after Khobragade got relief from US District Judge Shira Scheindlin who in her order on Wednesday dismissed the earlier indictment on grounds of diplomatic immunity and ordered that any open arrest warrants based on the earlier indictment should be vacated.

Scheindlin's order, however, did not bar federal prosecutors from bringing new charges against the former Deputy Counsel General in a fresh indictment in future.

Bharara said the new indictment was returned charging Khobragade in two counts with visa fraud and making false statements ... which as alleged in the indictment, were “undertaken to facilitate her exploitative employment of a household employee who was grossly underpaid and overworked.”

He further informed the court that “the government respectfully submits that time is automatically excluded from calculation under the Speedy Trial Act...which provides for the exclusion of any period of delay resulting from the unavailability of the defendant.

In this case, the defendant is unavailable because her “whereabouts are known but (her) presence for trial cannot be obtained by due diligence or (she) resists appearing at or being returned for trial.”

Khobragade's lawyer Daniel Arshack, who had said he was “heartened” when the previous indictment was dismissed, did not make any comment

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News Network
July 1,2020

Jul 1: Hong Kong police moved swiftly on Wednesday against protesters gearing up for the first rally since the introduction of sweeping security legislation, making their first arrest under it and warning of punishment for pro-independence material.

Beijing on Tuesday unveiled the details of the much-anticipated law after weeks of uncertainty, pushing China's freest city and one of the world's most glittering financial hubs onto a more authoritarian path.

As hundreds of protesters gathered downtown for an annual rally marking the 23rd anniversary of the former British colony's handover to China, riot police used pepper spray to arrest at least two people, while one metro station closed.

Police, who earlier banned the rally, cited the law for the first time in confronting protesters and they also made their first arrest under it - a man holding a flag advocating independence.

"You are displaying flags or banners/chanting slogans/or conducting yourselves with an intent such as secession or subversion, which may constitute offences under the ... national security law," police said in a message displayed on a purple banner.

The law will punish crimes of secession, subversion, terrorism and collusion with foreign forces with up to life in prison, heralding a more authoritarian era for the Asian financial hub.

China's parliament adopted it in response to months of pro-democracy protests last year triggered by fears that Beijing was stifling the city's freedoms, guaranteed by a "one country, two systems" formula agreed when it returned to Chinese rule.

Authorities in Beijing and Hong Kong have repeatedly said the legislation is aimed at a few "troublemakers" and will not affect rights and freedoms, nor investor interests.

But critics fear it will crush the freedoms that are seen as key to Hong Kong's success as a financial centre.

"With the release of the full detail of the law, it should be clear to those in any doubt that this is not the Hong Kong they grew up in," said Hasnain Malik, head of equity research, Tellimer in Dubai.

"The difference is that U.S. and China relations are far worse and this could be used as a pretext to impede the role of Hong Kong as a finance hub."

In Beijing, Zhang Xiaoming, executive deputy director of Beijing's Hong Kong and Macau Affairs Office, told reporters suspects arrested by Beijing's new security office in Hong Kong could be tried on the mainland.

He said the mainland's national security office abided by Chinese law and that Hong Kong's legal system could not be expected to implement the laws of the mainland. Article 55 of the law states that Beijing's national security office in Hong Kong could exercise jurisdiction over "complex" or "serious" cases.

Mainland security agencies will also be based in Hong Kong officially for the first time, with powers that go beyond city laws.

"The law is a birthday gift to (Hong Kong) and will show its precious value in the future," Zhang said, adding the law would not be applied retroactively.

On July 1 last year, hundreds of protesters stormed and vandalised the city's legislature to protest against a now-scrapped bill that would have allowed extraditions to mainland China.

Those protests evolved into calls for greater democracy, paralysing parts of the city and paving the way for Beijing's imposition of the law this week.

'INEVITABLE'

Speaking at a flag-raising ceremony to mark the handover anniversary, the city's Beijing-backed leader, Carrie Lam, said the law was the most important development since the city's return to Chinese rule.

"It is also an inevitable and prompt decision to restore stability," Lam said at the same harbour-front venue where 23 years ago the last colonial governor, Chris Patten, a staunch critic of the security law, tearfully handed back Hong Kong to Chinese rule.

Some pro-Beijing officials and political commentators say the law is aimed at sealing Hong Kong's "second return" to the motherland after the first failed to bring residents to heel.

Luo Huining, the head of Beijing's top representative office in Hong Kong, said at the ceremony the law was a "common aspiration" of Hong Kong citizens.

Critics denounced the lack of transparency surrounding the details of the legislation until it was unveiled. It came into force at 11 p.m. (1500 GMT) on Tuesday.

Some pro-democracy activists gave up membership of their groups just before the law came into force, though calling for the campaign for democracy to go on offshore.

"I saw this morning there are celebrations for Hong Kong's handover, but to me it is a funeral, a funeral for 'one country two systems'," said democracy lawmaker Kwok Ka-ki.

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News Network
April 26,2020

Seoul, Apr 26: A train presumed to belong to North Korean's Kim Jong-un has been spotted at a station in the state's eastern coastal town of Wonsan amid speculation about the leader's health, a US monitor said on Sunday, citing commercial satellite imagery on the region, Yonhap news agency reported.

According to 38 North-- a website devoted to analysis about North Korea, the imagery showed a train "probably belonging to Kim Jong Un parked at the Leadership Railway Station servicing his Wonsan compound since at least April 21."

"The approximately 250-metre long train, although partially covered by the station's roof, can be seen at a railway station reserved for use by the Kim family. It was not present on April 15 but was present on both April 21 and 23," it said.

"The train's presence does not prove the whereabouts of the North Korean leader or indicate anything about his health, but it does lend weight to reports that Kim is staying at an elite area on the country's eastern coast," it added.

The report came as rumours about his health have spread as Kim apparently skipped an important annual visit to the Kumsusan Palace of the Sun on the occasion of the April 15 birthday of late state founder and his grandfather, Kim Il-sung.

CNN intensified the speculation by reporting earlier last week that the United States is looking into intelligence that Kim is "in grave danger" after surgery.

Seoul officials have disputed recent media reports about Kim, saying there have been no unusual signs from the North. Some said that Kim is presumed to be staying in Wonsan for unspecified reasons.

Washington has also dismissed the reports, with US President Donald Trump calling such reports "incorrect" in a press briefing late last week.

On Saturday, other media reports stated that China has dispatched a team of medical doctors and officials to North Korea "to advise on" Kim, citing multiple unnamed people familiar with the situation.

North Korea's state media, however, has not made any mention of Kim's public activity for two weeks since he was last seen in April 11 presiding over a major party meeting, though it has reported on his handling of routine state affairs, such as sending diplomatic letters.
But not all speculation has proven to be false.

When he was absent from public for about a month in 2014, speculation arose about his health and a political crisis in the secretive state. He later reemerged with a cane and a limp reportedly after having a cyst removed from his ankle.

The 36-year-old leader is known to have various health problems apparently caused by obesity and heavy smoking. He took office as leader of the communist state after his father, Kim Jong-il, died of a heart attack in late 2011.

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News Network
May 22,2020

May 22: A Pakistan International Airlines (PIA) flight on its way from Lahore to Karachi, crashed in the area near Jinnah International Airport on Friday, according to Civil Aviation Authority officials.

Geo News reported that the plane crashed at the Jinnah Ground area near the airport as it was approaching for landing. There were more than 90 passengers on board the Airbus aircraft. Black smoke could be seen from afar at the crash site, say eye witnesses.

There were no immediate reports on the number of casualties. The aircraft arriving from the eastern city of Lahore was carrying 99 passengers and 8 crew members, news agency AP said, quoting Abdul Sattar Kokhar, spokesman for the country’s civil aviation authority.

Witnesses said the Airbus A320 appeared to attempt to land two or three times before crashing in a residential area near Jinnah International Airport.

Flight PK-303 from Lahore was about to land in Karachi when it crashed at the Jinnah Garden area near Model Colony in Malir, just a minute before its landing, Geo News reported.

Local television reports showed smoke coming from the direction of the airport. Ambulances were on their way to the airport.

News agency said Sindh’s Ministry of Health and Population Welfare has declared emergency in all major hospitals of Karachi due to the plane crash.

It’s the second plane crash for Pakistani carrier in less than four years. The airline’s chairman resigned in late 2016, less than a week after the crash of an ATR-42 aircraft killed 47 people. The incident comes as Pakistan was slowly resuming domestic flights in the wake of the coronavirus pandemic, Bloomberg reported.

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