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
June 26,2020

Washington, Jun 26: The US is reviewing its global deployment of forces to ensure it is postured appropriately to counter the People's Liberation Army, given the increasing threat posed by China to Asian countries like India, Malaysia, Indonesia, and the Philippines, Secretary of State Mike Pompeo said on Thursday.

Mr Pompeo made those remarks in response to a question during the virtual Brussels Forum 2020 of the German Marshall Fund.

"We're going to make sure we're postured appropriately to counter the PLA. We think that the challenge of our times, and we're going to make sure we have resources in place to do that," Mr Pompeo said.
 
The force posture review is being done at the direction of President Donald Trump, as part of which the US is reducing the number of its troops in Germany from about 52,000 to 25,000, he said.

Mike Pompeo said that the force posture would be dictated by the ground realities.

"In certain places there will be fewer American resources. There'll be other places - I just talked about the threat from the Chinese Communist Party, so now threats to India, threats to Vietnam, threats to Malaysia, Indonesia, South China Sea challenges, the Philippines," he said.

"To the extent that that changed, the difference in what the US decided to do impacts adversely a threat some place, it may be that other nations need to step up and take responsibility for their own defense in ways that they hadn't done previously. So, we want to do this in full consultation with all of our partners all around the world, and certainly our friends in Europe," Mr Pompeo said.

President Trump is being criticised for reducing troops from Germany. His critics say that this will increase the threat from Russia to Europe.

Mike Pompeo, however, did not agree with that argument.

It has been a long time since there has been a strategic review of our force posture all across the world. The US undertook that starting about 2.5 years ago, whether that was our forces in Africa, our forces in Asia, the force we have in the Middle East and in Europe, he said.

"We began to say these are often decisions that were made in a different time. Should we reallocate those a different way? Should we have a different composition of those forces? Everyone always wants to talk about ground troops. I get it. I was a young tank officer. You described that. There's nothing I like as much as a good M1 tank.

"But it's often the case that the capacity to deter Russia or other adversaries isn''t determined any longer by just having a bunch of folks garrisoned someplace. So, we really went to back fundamentally relook, what is the nature of the conflict, what''s the nature of the threat, and how should we allocate our resources, whether that''s our resources in the intelligence community, our resources from the Air Force or the Marines and Army," Mr Pompeo said.

Last week, Mike Pompeo criticised the Chinese Army for "escalating" the border tension with India and militarising the strategic South China Sea. He also described the ruling Communist Party of China (CPC) as a "rogue actor".

"Our broad set of allocation of security apparatus, our ability to counter cyber threats, how do we allocate them? What''s the best way to do this? And the decision that you see the president made with respect to Germany is an outcome from a collective set of decisions about how we''re going to posture our resources around the world," said the top American diplomat on Thursday.

Changes in force posture is being taken in consultations with allies and friends, Mr Pompeo said.

"President Trump has spoken to this. (Defense) Secretary (Mark) Esper will be in London today and in Brussels tomorrow. We''ll talk about our plan and how we''re thinking about delivering it," he said.

"But you should understand this, and I hope our European partners will understand this as well. When you see what we ultimately conclude, how we ultimately deliver on the statements of the president made, that they''re aimed squarely at what we believe to be democracies'' fundamental interest and certainly America's most fundamental interest," Mr Pompeo said.

Earlier this month, Mike Pompeo had said that China's actions, be it on the India border, or in Hong Kong or in the South China Sea, were part of the behaviour of the ruling Communist Party in Beijing in the recent past.

China has been fast expanding military and economic influence in the Indo-Pacific region, triggering concern in various countries of the region and beyond.

China is engaged in hotly contested territorial disputes in both the South China Sea and the East China Sea. Beijing has built up and militarised many of the islands and reefs it controls in the region. Both areas are stated to be rich in minerals, oil and other natural resources and are vital to global trade.

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Agencies
February 26,2020

Tokyo, Feb 26: Two more Indians onboard quarantined cruise ship -- Diamond Princess -- were tested positive for novel coronavirus, the Indian embassy here said on Tuesday, adding that those Indians not infected by the virus will be repatriated to the homeland on February 26.

A total of 16 Indian nationals onboard the luxury ship -- quarantined off the coast of Japan since February 5 -- have been tested positive for coronavirus so far, the embassy informed.

"A chartered flight is being arranged to repatriate Indian nationals onboard #DiamondPrincess, provided they have (a) consented; (b) not tested positive for #COVID19; (c) cleared by the medical team. An email advisory to this effect, with details, has been sent to them," the embassy tweeted.

The repatriation of the Indian nationals will be facilitated by the Indian government.

"PCR test results for ALL Indian nationals declared-02 more Indians tested positive to #COVID19, taking the total to 16. Those fulfilling conditions and consenting to repatriation to India on 26 Feb being facilitated by the Indian Government. Details shared with them," the following tweet read.

A total of 138 Indians, including 132 crew and 6 passengers, were among the 3,711 people on board the luxury cruise ship which was quarantine off Japan on February 5 after it emerged that a former passenger had tested positive for the virus.

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News Network
May 27,2020

Washington, May 27: Most viruses and other germs do not spread easily on flights, the US Center for Disease Control and Prevention has said in its COVID-19 guidelines which do not recommend following social distancing between two passengers inside a plane or keeping the middle seat unoccupied.

As a result of coronavirus pandemic, air traffic inside the US has come to a near halt. Air traffic is said to be down to about 90 per cent. For all travellers coming from overseas, the Center for Disease Control and Prevention (CDC) has recommended 14 days quarantine.

"Most viruses and other germs do not spread easily on flights because of how air circulates and is filtered on aeroplanes," the CDC has said in its set of COVID-19 guidelines for air travellers.

However, it noted that the air travellers were not risk-free especially in the time of the coronavirus pandemic and recommended Americans to avoid travel as far as possible.

"Air travel requires spending time in security lines and airport terminals, which can bring you in close contact with other people and frequently touched surfaces," it said.

"Social distancing is difficult on crowded flights, and you may have to sit near others (within six feet), sometimes for hours. This may increase your risk for exposure to the virus that causes COVID-19," the CDC said.

But instead of recommended social distancing inside commercial planes, the CDC has advised a series of preventive and hygienic measures to be taken by the airlines pilot and crew to prevent the spread of coronavirus.

The US Department of Transportation and Federal Aviation Administration in its latest safety alerts for operators on May 11 said that air carriers and crews conducting flight operations having a nexus to the US, including both domestic and foreign air carriers, should follow CDC's occupational health and safety guidance.

The CDC issued its guidelines in first guidelines for the airlines and airline crew on March and again in May.

The CDC, which has issued an exhaustive social guideline measures in various sections, is silent on keeping the middle seat of a plane unoccupied so as to maintain the six feet distance between two passengers.

It calls for the plane crew to report to the CDC a traveller with specific COVID-19 symptoms like fever, persistent cough, difficulty in breathing and appearing unwell.

Asking the airlines and cabin crew to review infection control guidelines for cabin crew, the CDC recommends several measures for cabin crew to protect themselves and others, manage a sick traveller, clean contaminated areas, and take actions after a flight.

Prominent among them include washing hands often with soap and water for at least 20 seconds, particularly after assisting sick travellers or touching potentially contaminated body fluids or surfaces and use of alcohol-based hand sanitizer (containing at least 60 per cent alcohol) if soap and water are not available.

Airlines should consider providing alcohol-based hand sanitizer to cabin and flight crews for their personal use, it said.

The CDC guidelines do not recommend following social distancing inside a plane between two passengers or keeping the middle seat unoccupied. But it asks to minimise contact between passengers and cabin crew and the sick person.

"If possible, separate the sick person from others (by a distance of 2 meters or 6 feet, ideally) and designate one crew member to serve the sick person. Offer a facemask, if available and if the sick person can tolerate it. If a facemask is not available or cannot be tolerated, ask the sick person to cover their mouth and nose with tissues when coughing or sneezing," said the CDC guidelines.

If no symptomatic passengers were identified during or immediately after the flight, the CDC recommends airlines to follow routine operating procedures for cleaning aircraft, managing solid waste, and wearing PPE.

"If symptomatic passengers are identified during or immediately after the flight, routine cleaning procedures should be followed, and enhanced cleaning procedures should also be used," it said.

Clean porous (soft) surfaces (e.g, cloth seats, cloth seat belts) at the seat of the symptomatic passengers and within 6 feet of the symptomatic passengers in all directions, it added.

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