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
April 26,2020

Apr 26: The remarkable story of an airman who overcame prejudice to become one of only a handful of Indian fighter pilots in the First World War has emerged in newly-released archive files by the UK's Commonwealth War Graves Commission (CWGC).

Lieutenant Shri Krishna Chanda Welinkar is one of the thousands of moving stories from the war preserved in family correspondence and being brought alive as part of a digitisation project.

The never-before-published files contain thousands of letters, pictures and other papers sent between the Commission and the next of the kin of First World War dead.

Among them is the story of Welinkar, who hailed from Bombay in colonial India. After much hardship and discrimination, he eventually became a pilot and went missing while on patrol over the skies above the Western Front in June 1918.

His family had to wait nearly three years before they finally knew for certain that he had died, and his grave was located.

“For everyone who died in the First World War, there was inevitably a partner, parent or child back home who had questions. The heartbreaking letters in CWGC's archive give us an insight into what it was like for those families trying to come to terms with their loss,” said Andrew Fetherston, chief archivist for CWGC.

“They are stories that show desperate searches for closure, former enemies uniting and, on many occasions, the sad realisation that a missing loved one would always remain so. We are pleased to be able to make this invaluable piece of World War history accessible to a new generation and help deepen our understanding of how the First World War impacted those who were left behind,” he said.

Welinkar was one of the 1.3 million Indians who answered the call to fight for the British Empire. Nearly 74,000 never saw their homeland again and are remembered today in cemeteries and memorials throughout the world, including France, Belgium, the Middle East and Africa.

Welinkar was a well-educated man studying at Cambridge University. He trained to become an aviator in Middlesex and wished to join the Royal Flying Corps, later known as the Royal Air Force.

Upon attempting to enlist, Welinkar encountered the same prejudices as his other fellow Indian airmen and was encouraged to become an air mechanic instead.

He was eventually given a commission in the Royal Flying Corps as an Officer. In 1918, he was posted to France and patrolled the skies above the Western Front.

In June 1918, Lieutenant Welinkar embarked on what would be his final patrol; he did not return and was reported missing. His fate remained unknown for many months afterwards.

The newly-released e-files chronicle the remarkable discovery of Welinkar and his final resting place long after the war had ended. Colonel Barton, who knew Welinkar, acted on behalf of his mother and helped find her missing son. They spoke to former enemies and honed their search to the grave of an unidentified man, buried by the Germans as “Oberleutnant S.C. Wumkar” in a grave in Rouvroy, Belgium.

The body was later moved and reinterred in Hangard Communal Cemetery Extension but it wasn't until the vital clue, found in the original German burial records in February 1921, that it was confirmed beyond doubt this grave was of Welinkar's.

In May 1921, Colonel Barton, on behalf of Welinkar's mother, requested that a Commission headstone be placed on the grave with the following personal inscription: “To the Honoured Memory of One of the Empire's Bravest Sons”.

This records – known as Enquiry Files – are part of a collection of nearly 3,000 files which have never been made available to the public before. Nearly half have been digitised so far, alongside a previously unreleased collection of more than 16,000 photographs held in negatives in the Commission's archive.

The files, internally referred to simply as E-Files, contain correspondence between the CWGC and the next of kin of the war dead. They often contain letters, typed memos between Commission staff and on occasion photos, maps and diagrams.

CWGC only holds an enquiry file for a small proportion of the 1.7 million people it commemorates from the Commonwealth. Today it is only possible to release those surviving records from the First World War because correspondence with families of Second World War casualties often involves people still alive today and cannot be made public for many years, due to the UK's data protection rules.

To date, more than 1,300 of the surviving 3,000 First World War enquiry files have been digitised.

The CWGC commemorates the 1.7 million Commonwealth servicemen and women who died during the two World Wars. It also holds and updates an extensive and accessible records archive, while operating over 23,000 locations in more than 150 countries and territories.

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News Network
April 5,2020

New York, Apr 5: New York State, the epicentre of the coronavirus pandemic in the US, continued to record the highest count of daily deaths from COVID-19 as a staggering number of 630 people died in a 24-hour period and Governor Andrew Cuomo said the outbreak in the state could peak in about seven days.

The state had recorded the highest single increase in the number of deaths from novel coronavirus in a single day between April 2 and 3 when 562 people had died, one person dying from the viral infection almost every two-and-a-half minutes.

In the 24 hours since April 4, the death toll grew to 630, "all-time increase" up to a total of 3,565, up from 2,935 on Friday morning, Cuomo said.

The daily death toll in New York continues to grow at record numbers as the state remains the most impacted in the US from coronavirus.

Coronavirus cases in New York State now stand at 113,704, out of the country's total number of 312,146. New Jersey, the second most impacted state in the US, has about 30,000 COVID-19 cases.

New York City alone has 63,306 coronavirus patients, up from 57,169 the previous 24 hours, and 2,624 deaths.

Cuomo said the apex in the state, the point where the number of infections on a daily basis hits the high point, is still about 4-8 days away.

"We have been talking about hitting that apex, the high point of the curve. I call it the battle of the mountaintop. That's going to be the number one point of engagement of the enemy," he said.

"But our reading of the projections is we're somewhere in the seven-day range, four, five, six seven, eight day range. Nobody can give you a specific number, which makes it very frustrating to plan when they can't give you a specific number or a specific date, but we're in that range," Cuomo said.

"We are not yet at the apex. Part of me would like to be at the apex and just let's do it. But there's part of me that says it's good that we're not at the apex because we're not yet ready for the apex either, still working on the capacity of the (healthcare) system," the governor said.

Cuomo has expressed anger over the short supply of essential medical equipment for healthcare professionals to help them deal with the surge in coronavirus cases across the state and the country.

He said personal protective equipment (PPE) such as masks, gowns and face shields are in short supply in New York as they are across the country and there is need for companies to make these materials.

"It is unbelievable to me that in the New York State, in the United States of America, we can't make these materials and that we are all shopping China to try to get these materials and we're all competing against each other," he had said earlier.

Cuomo said on Saturday that the state has 85,000 volunteers, including 22,000 from outside the state, and he will also be signing an executive order to allow medical students who were slated to graduate to begin practising, supplementing the state's healthcare professional capacity.

On ventilators, he said the state had ordered 17,000 but there was not enough supply in the federal stockpile to meet this growing demand across the state.    

"China is remarkably the repository for all of these orders - ventilators, PPE, it all goes back to China, which long term we have to figure out why we wound up in this situation where we don't have the manufacturing capacity in this country," he said, adding, "New York has been shopping in China."

The Chinese government helped facilitate a donation of 1,000 ventilators that will arrive at the JFK Airport in the city, he said, as he thanked the Chinese government, Alibaba head Jack Ma, the Jack Ma Foundation, Alibaba co-founder co-founder Joe Tsai and China's Consul General Huang Ping.
In addition, the state of Oregon would deliver 140 ventilators to New York.    

Cuomo has signed an executive order allowing the state to redistribute ventilators and personal protective equipment from hospitals, private sector companies and institutions that don't currently need them and redeploy the equipment to other hospitals with the highest need.
Those institutions will either get their ventilator back or they will be reimbursed and paid for their ventilator so they can buy a new ventilator.
The 2,500-bed facility at the Javits Convention Centre, which was supposed to be used for non-COVID patients, will now be used as COVID-positive facility.

"The federal government will staff that and the federal government with equip that. That is a big deal because that 2,500-bed facility will relieve a lot of pressure on the downstate system as a significant number of beds and that facility has to make that transition quickly and that's what we're focused on," Cuomo said.

Cuomo emphasised that he wants the pandemic to end as soon as possible as it is taking an unprecedented strain on life.

"I want this to be all over. It's only gone on for 30 days since our first case. It feels like an entire lifetime. I think we all feel the same. This stresses this country, this state, in a way that nothing else has frankly, in my lifetime. It stresses us on every level.

The economy is stressed, the social fabric is stressed, the social systems are stressed, transportation is stressed," he said.

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News Network
May 25,2020

Karachi, May 25: The pilot of the Pakistan International Airlines (PIA)'s crashed plane ignored three warnings from the air traffic controllers about the aircraft's altitude and speed before the landing, saying he was satisfied and would handle the situation, according to a report on Monday.

The national flag carrier's PK-8303 tragedy on Friday, in which 97 people were killed and two miraculously survived, is one of the most catastrophic aviation disasters in the country's history.

The Airbus A-320 from Lahore to Karachi was 15 nautical miles from the Jinnah International Airport, flying at an altitude of 10,000 feet above the ground instead of 7,000 when the Air Traffic Control (ATC) issued its first warning to lower the plane's altitude, Geo News quoted an ATC report as saying.

Instead of lowering the altitude, the pilot responded by saying that he was satisfied. When only 10 nautical miles were left till the airport, the plane was at an altitude of 7,000 feet instead of 3,000 feet, it said.

The ATC issued a second warning to the pilot to lower the plane's altitude. However, the pilot responded again by stating that he was satisfied and would handle the situation, saying he was ready for landing, the report said.

The report said that the plane had enough fuel to fly for two hours and 34 minutes, while its total flying time was recorded at one hour and 33 minutes.

Pakistani investigators are trying to find out if the crash is attributable to a pilot error or a technical glitch.

According to a report prepared by the country's Civil Aviation Authority (CAA), the plane's engines had scraped the runway thrice on the pilot's first attempt to land, causing friction and sparks recorded by the experts.

When the aircraft scraped the ground on the first failed attempt at landing, the engine's oil tank and fuel pump may have been damaged and started to leak, preventing the pilot from achieving the required thrust and speed to raise the aircraft to safety, the report said.

The pilot made a decision "on his own" to undertake a "go-around" after he failed to land the first time. It was only during the go-around that the ATC was informed that landing gear was not deploying, it said.

"The pilot was directed by the air traffic controller to take the aircraft to 3,000 feet, but he managed only 1,800. When the cockpit was reminded to go for the 3,000 feet level, the first officer said 'we are trying'," the report said.

Experts said that the failure to achieve the directed height indicates that the engines were not responding. The aircraft, thereafter, tilted and crashed suddenly.

The flight crashed at the Jinnah Garden area near Model Colony in Malir on Friday afternoon, minutes before its landing in Karachi's Jinnah International Airport. Eleven people on the ground were injured.

The probe team, headed by Air Commodore Muhammad Usman Ghani, President of the Aircraft Accident and Investigation Board, is expected to submit a full report in about three months.

According to the PIA's engineering and maintenance department, the last check of the plane was done on March 21 this year and it had flown from Muscat to Lahore a day before the crash.

In the wake of the COVID-19 pandemic, the Pakistan government had allowed the limited domestic flight operations from five major airports - Islamabad, Karachi, Lahore, Peshawar and Quetta - from May 16.

After the plane tragedy, the PIA has called off its domestic operation.

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