Category Archives: Diplomacy

Earth Embassy Ganymede Administrative Notice #04-010103: Morale, WD-40, Duct Tape

– Domani Spero

Originally posted in Diplopundit on April 18, 2013. Republished today for a very good reason.

Administrative Notice #05-011300: Morale

It has come to management’s attention that there has been a lot of chatter and hyperspace email about morale and safety at this outpost.  This notice serves as a reminder to everyone under Ganymede outpost authority that discussion about morale is an unproductive use of work time. Morale is self-esteem in action; individuals who perceived that morale is lacking may need help in improving their self-esteem. Please make every effort to schedule an appointment to see the quadrant psychiatrist.

Ganymede management fully believes, like the 34th American President Dwight Eisenhower, that the best morale exist when you never hear the word mentioned. In that sprit, management formally informs all departments and employees that morale is not/not an issue and is not/not a subject to be discussed in hypermail, text, video, radio, verbal or any alternate manner of communication within and outside the mission.  Anyone caught peddling these stories will be subject to disciplinary action, including but not limited to curtailment of current assignment or a lengthy TDY to the outermost prograde moon of Carpo.

In an effort to be responsive to all concerns, below are some FAQs that the section  had the pleasure of addressing the last 12 moons. We hope that the answers are useful to you and your families and help alleviate persistent concerns.

English: WD-40

English: WD-40 (Photo credit: Wikipedia)

FREQUENTLY ASKED QUESTIONS
EaEmbassy Ganymede

Is Ganymede a family-friendly post?

Absolutely. It is the most family-friendly assignment in the quadrant with excellent schools and some of the best apartments available in the sector. Living conditions are approximated to be similar to the home planet and the quality of life is super-excellent.  Consistent demand for assignments to this outpost has repeatedly resulted in a long wait list at every rotation cycle.

I’ve been thinking of asking for a transfer to Ganymede.  But I heard that life there is a big joke … I don’t get what’s the joke.

Life in Ganymede is not/not a big joke. Once you understand that Ganymede is too big to fail, you’ll find your groove. This is the place where you want to be.  No other outpost will afford you the challenges and opportunities to excel and earn a fast-tracked promotion.

How safe is Ganymede given that riots are breaking out in all parts of the hostplanet:

Safe. Very safe, if you’re careful.

Ganymedeans breached the outpost walls, they can do it again, should I worry?

There’s no reason to worry.  Ganymedeans are not/not anti-Earthlings, anti-humans or what have you.  They were blowing off steam. Period. Now that they have, things should return to normal. If you think things have not returned to normal, give it time; things should return to normal. Soon.

There are assaults reported daily, it sounds like traveling around the hostplanet has become extremely dangerous. Is that perception correct?

Ganymede is the largest moon in this sector. Like any large, densely inhabited city on Earth (e.g. New York City, New Delhi, Bogota, Buenos Aires), crime is ever present. This is not/not unique to this outpost.  Travel in pairs if needed, and bring your stun gun, if necessary.

The Manager for Planetary Services reportedly quit over extreme bureaucratic bullying, is this true?

Absolutely not. The manager quit because the official got too old for the job. Other employers in this sector throw old officials out the airlock. Fortunately, EaEmbassy Ganymede has a generous separation package specifically for older workers traveling back to the home planet.

There are rumors and allegations that some of the top Ganymede officials have, on several occasions, pushed and bossed around subordinates and threatened them with penalties. How accurate are these stories?

Have you ever heard of American poet, Robert Frost?  He said that the reason why worry kills more people than work is that more people worry than work.  Isn’t that an excellent point?  Stop listening to rumors. Stop worrying. All our top Ganymede officials were handpicked and subjected to a battery of reviews and 360 feedbacks from friends, peers, and colleagues. All with spectacular results. They are all as lovable and huggable as Alaskan polar bears.

I used to have an open mind, then I got to Ganymede and my brains kept falling out. What am I doing wrong?

To keep an open mind, a person needs only two tools: WD-40 and duct tape. If it doesn’t move and it should, use WD-40. If it moves and shouldn’t, use the tape. This works even in Ganymede.

I am terribly upset that my concerns have not been taken seriously.  How do I set a laser printer to stun?

The management office works hard to address all of your concerns and aims to make every assignment to Ganymede a satisfying one.   Unfortunately, all laser printer at post at this time do not have a stun setting.  However, the procurement section is exploring the possibility of adding a stun setting to all laser printers with end of year funding.

 

Note that this is from a work in progress.  Names, characters, places, and incidents are the product of the author’s imagination or are used fictitiously.  Any resemblance to actual events, locales, or persons, living or dead, is entirely coincidental.

Morale is self-esteem in action,  is a quote by Avery Weisman; WD-40 and laser printer quips are found items around the net.

Ugh! Just saw that the Russians are interested on Ganymede, now.  Well, dammit, I am not changing my fictional embassy’s name again, so don’t write to complain about that.

 

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U.S. Embassy Pakistan to Get ‘Camel Contemplating Needle’ Sculpture at Reduced Price, Let’s Buy Two!

– Domani Spero

 

Joshua White, the deputy director for South Asia at the Stimson Center tweeted this last week:

On March 30, The Skeptical Bureaucrat blogged about it:

The U.S. State Department has purchased for $400,000 a reproduction of that sculpture you see in the photo above, and will display it at the new U.S. Embassy that is now being constructed in Islamabad, Pakistan.

Acquisition of “Camel Contemplating Needle” by John Baldessari. Includes production cost related to the procurement of representational artwork to be displayed at the new US Embassy Islamabad and reproduction rights.

Representational artwork in embassies is intended for cross-cultural understanding through the visual arts, or something like that. So, what does that sculpture say about how the United States sees its relations with Pakistan? Is one of us the camel and the other the needle?

Today, it became a Buzzfeed Exclusive, U.S. Taxpayers To Spend $400,000 For A Camel Sculpture In Pakistan:

A camel staring at the eye of a needle would decorate a new American embassy — in a country where the average income yearly is $1,250.
[...]
Officials explained the decision to purchase the piece of art, titled “Camel Contemplating Needle,” in a four-page document justifying a “sole source” procurement. “This artist’s product is uniquely qualified,” the document explains. “Public art which will be presented in the new embassy should reflect the values of a predominantly Islamist country,” it says. (Like the Bible, the Qur’an uses the metaphor of a camel passing through the eye of a needle.)

To emphasize Baldassari’s fame, the contracting officials pulled a section from Wikipedia. “John Anthony Baldessari (born June 17, 1931) is an American conceptual artist known for his work featuring found photography and appropriated images.”

In a statement, State Department press spokeswoman Christine Foushee said the proposed purchase comes from the department’s “Office of Art in Embassies.” In new construction projects, she said, a small part of the total funds, about 0.5%, is spent on art purchases.

Steven Beyer of Beyer Projects, the art dealer for the project, points out to Buzzfeed that while some Americans may find it frivolous for the government to pay for art, others will find it important. “It depends on what part of the public you are in,” he said. “If you go to the museum and enjoy art and are moved by it, things cost what they cost.”

“Things cost what they cost” would make a nice motto.

In December 2013, The Skeptical Bureaucrat also blogged about the  artwork of Sean Scully that will be displayed at the future new U.S. Embassy in London:

The incomparable State Department Deputy Spokesperson Marie Harf displayed some performance art of her own at last Friday’s daily press briefing when she tried to explain why she thinks this purchase is “a good use of our limited resources” (yes, she does):

Okay, on the artwork, we have an Art in Embassies program run through the Office of Art in Embassies which curates permanent and temporary exhibitions for U.S. embassy and consulate facilities. It’s a public-private partnership engaging over 20,000 participants globally, including artists, museums, galleries, universities, and private collectors. For the past five decades, Art in Embassies has played a leading role in U.S. public diplomacy with a focused mission of cross-cultural dialogue and understanding through the visual arts and the artist exchange.

In terms of the London piece, like much of the art purchased by this program, this piece was purchased under the market price after considerable negotiation with both the artist and the gallery. This is an important part of our diplomatic presence overseas. We maintain facilities that serve as the face of the U.S. Government all throughout the world, and where we can promote cross-cultural understanding, and in this case do so for under market value, we think that’s a good use of our limited resources. Yes, we do.

Expect the official response to inquiries on the albino camel with blue eyes contemplating a gigantic needle artwork to take a similar line.

Go ahead, and just write your copy already.

Here’s one that reportedly takes 3 days to clean to bring on the full shine!

Tulips by Jeff Koon U.S. Embassy Beijing, China

Tulips by Jeff Koon
U.S. Embassy Beijing, China Photo via Art in Embassies/FB

 

The Office of Art in Embassies, in the Directorate for Operations, in the Bureau of Overseas Buildings Operations (OBO/OPS/ART) curates, plans, and administers exhibitions of original art for the chief of mission residences overseas. It is also the office which oversees all aspects of the creation of permanent collections for new embassies and consulates through the Capital Security Construction Program. With a focus on cultural diplomacy, these collections feature the artistic heritage of the host country and the United States.

So far, we have not been able to locate a list of the artworks in the State Department’s permanent art collection.

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Inbox: A Note From an Unarmed Diplomat

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–Domani Spero

We received the following via email from an “unarmed diplomat” who wrote, “I knew Sean, so this is personal with me.”

“I am not surprised that State ignored post’s requests for security.  I am even less surprised that Amb. Stevens wanted to put his “boots on the ground” there – which meant that others had to follow him there.  Beginning with Condi Rice this notion that diplomats could do “expeditionary diplomacy” has been increasingly ill-advised and terrifying.  Diplomats, unlike the military, are neither trained nor equipped to be in the middle of armed insurrection, yet the path to promotion is through such assignments.  So long as promotions and onward assignments are linked to danger posts, then there will be pressure for State personnel to be in those places and for warnings and trip lines to be ignored.  So long as danger is a “glorified career cone” (so to speak) then career ambassadors will push to be in such places, dragging their staff along.”

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Related posts:

 

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Balwinder Singh aka ‘Happy’ Charged with Conspiring to Provide Material Support to Terrorism Groups in India and Pakistan

– Domani Spero

The day after Preet Bharara, the United States Attorney for the Southern District of New York, announced the arrest of  Indian diplomat Devyani Khobragade for visa fraud and false statements and caused a diplomatic row, another arrest in Reno, Nevada of Indian national  and U.S. legal resident, Balwinder Singh for conspiring to provide material support to terrorism groups in India and Pakistan barely made the news.

Below via USDOJ:

Reno Man Charged with Conspiring to Provide Material Support to Terrorism Groups in India and Pakistan | December 13, 2013

A Reno, Nev. man has been charged with providing material support to terrorism groups in India and Pakistan in order to intimidate the Indian government and to harm persons that were not supporting their cause, announced John Carlin, Acting Assistant Attorney General for National Security, Daniel G. Bogden, U.S. Attorney for the District of Nevada, and Laura A. Bucheit, Special Agent in Charge of the FBI for Nevada.

“A thorough investigation and cooperation among agencies led to these charges,” said U.S. Attorney Bogden.  “Investigating and prosecuting matters of national security is the top priority of the U.S. Department of Justice.”

Balwinder Singh, aka Jhajj, aka, Happy, aka Possi, aka Baljit Singh, 39, of Reno, is charged in an indictment with one count of conspiracy to murder, kidnap, and maim persons in a foreign country, one count of conspiracy to provide material support to terrorists, one count of making a false statement on an immigration document, two counts of use of an immigration document procured by fraud, and one count of unlawful production of an identification document.   Singh was arrested on Tuesday, Dec. 17, 2013, in Reno, and is scheduled to appear before a U.S. Magistrate Judge on Friday, Dec. 20, 2013, for an initial appearance and arraignment.

“After an extensive investigation, the FBI-led Joint Terrorism Task Force (JTTF) of Northern Nevada has disrupted an individual’s involvement in facilitation activities in support of a foreign terrorist organization, targeting an ally of the United States,” said FBI Special Agent in Charge Bucheit. “We will continue to work with our international partners to prevent acts of terrorism on U.S. soil or, as in this case, on that of an ally. This investigation demonstrates the importance of law enforcement coordination and collaboration here and around the world.”

According to the indictment, Singh was a citizen of India who fled to the United States and claimed asylum.  Singh lived in the United States where he eventually obtained a permanent resident card from the United States.  The indictment alleges that Singh is a member of two terrorist organizations, Babbar Khalsa International (BKI) and Khalistan Zindabad Force (KZF), whose members aim to establish an independent Sikh state in part of the Punjab region of India known as Khalistan. These groups engage in bombings, kidnappings and murders in India to intimidate and compel the Indian government to create the state of Khalistan.  These groups also target for assassination persons they consider traitors to the Sikh religion and government officials who they consider responsible for atrocities against the Sikhs.

The indictment alleges that the object of the conspiracy was to advance the goals of BKI and KZF by raising money and obtaining weapons to support acts of terrorism in India.  It is alleged that the conspiracy began on a date unknown but no later than Nov. 30, 1997.  It is alleged that Singh used a false identity and obtained false identification documents in the United States so that he could travel back to India without being apprehended by the Indian authorities.  It is alleged that Singh communicated with other coconspirators by telephone while he was in the United States to discuss acts of terrorism to be carried out in India.  It is alleged that Singh sent money from Reno, Nev., to co-conspirators in India for the purchase of weapons that would be provided to members of the BKI and KZF to support acts of terrorism in India. It is alleged that Singh traveled from the United States to Pakistan, India, and other countries to meet with coconspirators to assist in the planning of terrorism in India, and that Singh provided advice to coconspirators about how to carry out acts of terrorism.

If convicted, Singh faces up to life in prison and fines of up to $250,000 on each count.

The case is being investigated by the FBI-led Joint Terrorism Task Force in northern Nevada, and prosecuted by Assistant U.S. Attorneys Sue Fahami and Brian L. Sullivan, and Trial Attorney Mara M. Kohn of the U.S. Department of Justice Counterterrorism Section.

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In related news, on December 18, in a widely reported retaliation for the treatment of its diplomat in New York, the Indian government removed the security barriers at the U.S. Embassy in New Delhi.

On December 25, Hindustan Times  writes about the “rumblings” in the U.S. Congress over the removal of the security barriers:  “We can understand the anger and the other measures,” said a senior congressional aide on condition of anonymity, “but removing the barriers has raised security concerns.

On December 29, the Times of India says that Indian officials speaking on background refuted “the US suggestion that they were being vengeful towards the US diplomatic corps and endangering the US embassy.” Seriously.  That’s why there was full press court and cameras when it took the muscular response of dismantling the concrete security barricades and spike strips around Embassy Delhi.  So apparently, the security barriers now have its own mini-drama. The TOI report says  that “A decision to remove the barriers was taken several weeks back when the US side removed a diplomatic parking lane in front of the Indian embassy in Washington DC (that also served as security perimeter) and turned it into public parking.”

Coincidences bumping into each other on the dark side of the moon.

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If True That Foreign Diplomats in the U.S. Are “Eligible” for Medicaid — That’s Absolutely Bonkers!

– Domani Spero

In early December, Preet Bharara, the United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced charges against 49 current or former Russian diplomats or spouses of diplomats employed at the Russian Mission in the United States for participating in a widespread fraud scheme from 2004 to August 2013 to illegally obtain nearly
$1.5 million dollars in Medicaid benefits. (See 49 Russian Diplomats/Spouses Charged With Picking Uncle Sam’s Pocket in Medicaid Scam).

On December 6, during the Daily Press Briefing, the State Department deputy spokesperson, Marie Harf said this:

“We routinely inform all foreign missions in the U.S. – most recently we did this in November – that we expect their personnel to maintain health insurance coverage. So under U.S. law, nonimmigrants, which diplomats fall under in this case, who meet certain eligibility criteria may apply for and receive federally funded medical care.”

Whaaat?!

Lest we get all excited, this is the same spokesperson, of course, who could not say what appropriate consular assistance is provided when an American citizen dies abroad.  Or who says from the podium that “It’s not for any State Department official to sign off on any arrests, right, even regarding a foreign diplomat.”  Whoops!  (We heard that the Special Agents of the Diplomatic Security Service toppled over in their swivel chairs when the clip aired on YouTube).

Then on December 14, UPI reported that “Russia’s Foreign Minister Sergei Lavrov said “some of the diplomats accused of glomming on to the U.S. healthcare system were actually entitled to do so.”

Entitled to do so?  As in  a legal right or a just claim to receive it?

On December 16, Interfax also reported that Moscow is “already taking disciplinary measures in relation to the Russian diplomats accused in the U.S. of unlawfully receiving Medicaid benefits to cover the pregnancy and childbirth costs.”

The report quotes Russian Foreign Minister Lavrov saying, “This is a disciplinary offence, because, by being insincere in filing applications and citing inaccurate figures to receive some benefits, they violated the host country’s norms and rules, which a diplomat has no right to do. I’d like to stress once again: they are being subjected and will be subjected to disciplinary action.”  Now, the same report repeats this notion that some of the Russian diplomats were “entitled” to apply for such assistance due to their low income:

“We have looked into this. First, the allegation that none of them was entitled to this because they are foreigners is wrong. There are different laws in various states of the U.S. that allow for using Medicaid benefits by foreigners. Second, it is not quite true that the Russian diplomats’ incomes did not make them eligible for receiving such payments through Medicaid,” he said.

“We have studied the files of the said colleagues, and it turned out that at least some of them had salaries that entitled them to apply for such assistance from the U.S. fund at that moment. 

How bonkers is that?  That American taxpayers are subsidizing the health care cost of foreign diplomats in the United States.  Which part of this makes sense? Medicaid is a federally funded program designed to assist low-income families afford health care. And in this case, if the allegations are true, Russian diplomats took public assistance that would have been  helpful to low income Americans.

The big question now is — can we also call this foreign aid?

Screen Shot 2013-12-26

Extracted from Medicaid Renewal Form
(click image for larger view)

Now Congress wants to know Whiskey Tango Foxtrot is going on here. The SFRC is missing on this but U.S. Rep. Ed Royce (R-CA), Chairman of the House Foreign Affairs Committee, recently expressed “serious concern about foreign diplomats receiving, and reportedly defrauding, U.S. Government-funded benefits programs.” In his letter to Secretary Kerry, Chairman Royce requested a meeting plus written answers to the following questions:

1.      How will the Administration treat the 11 named defendants who, according to the U.S. 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?

2.      How will the Administration treat the 38 named defendants who, according to the U.S. 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 U.S. visa ban on them?

3.      How will the Administration treat the unindicted co-conspirators at Russian diplomatic offices in the U.S. who allegedly advised and assisted the named defendants by supplying false documentation to New York officials in support of the fraudulent Medicaid claims?

4.      Will the Administration bill the Russian government for the Medicaid benefits its personnel fraudulently used?  If not, how will New York State’s Medicaid program be compensated for the loss?

5.      On December 5, 2013, Department of State Deputy Spokeswoman Marie Harf said, “We are still…reviewing the charges that were unsealed.”  How closely did the U.S. Attorney, Department of Justice, or Federal Bureau of Investigation cooperate with the Department of State during the investigation?  What steps did the U.S. Attorney take to coordinate with the Department of State before filing the complaint on November 18, 2013 or unsealing it on December 5, 2013?

This situation also raises a number of important questions about government programs that provide benefits to foreign diplomats.  I therefore would appreciate written answers to the following questions not later than January 13, 2014:

6.      On December 6, 2013, Department of State Deputy Spokeswoman Marie Harf stated that foreign diplomats in the United States “who meet certain eligibility criteria may apply for and receive federally funded medical care.”  What are the medical programs for which foreign diplomats may be eligible?  What are the eligibility criteria?  Over the last 10 years, how many foreign diplomats have used these programs?  What was the total cost of the benefits provided?  Please provide these data sorted by foreign diplomatic mission or international organization.

7.      Are foreign diplomats eligible for government-funded benefits other than Medicaid (e.g., Temporary Assistance to Needy Families or the Supplemental Nutrition Assistance Program)?  If so, which programs and what are the eligibility criteria?  Over the last 10 years, how many foreign diplomats have taken advantage of these programs?  What was the total cost of the benefits provided?  Please provide these data sorted by foreign diplomatic mission or international organization.

8.      Is the Administration aware of other cases where foreign diplomats fraudulently or inappropriately obtained Medicaid or other government-funded benefits?  Please provide the details of these cases, including the cost of any benefits that were inappropriately obtained.

9.      What is the Administration doing to ensure that foreign diplomats cannot inappropriately obtain government-funded benefits in the future?  Has the Administration asked relevant government benefit agencies to check their rolls for the names of foreign diplomats?  Does the Department regularly provide a list of foreign diplomats to relevant government benefit agencies?

And — if some foreign diplomats in the United States are “eligible” for Medicaid, how about some of their underpaid domestic workers, are they eligible, too?

Oh, for god’s sakes, maybe the State Department should just publish a handbook of freebies.

 

 

 

 

 

 

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Embassy Row’s Dirty Little Secret: Abuse of Migrant Domestic Workers by Diplomats

– Domani Spero

The logic behind a restrictive interpretation of functional immunity is that while a diplomat may be protected from some distractions to aid his purpose, there ought to be no need for him to violate the laws of his host state to do so. As many legal scholars have pointed out, a diplomats behaviour in his host country is best described by the Arabic proverb, يا غريب خليك أديب (ya ghareeb, khalleek adeeb) – O stranger, be thou courteous. – Jaideep Prabhu 

Back when ….

In 2007, the Department of State reported that some foreign diplomats may be abusing the household workers they brought to the United States on A-3 or G-5 visas.  A subsequent Government Accountability Office (GAO) report the following year revealed that 42 household workers with A-3 or G-5 visas alleged that they were abused by foreign diplomats with immunity from 2000 through 2008. The GAO believes the total number of alleged incidents since 2000 is likely higher for four reasons: household workers’ fear of contacting law enforcement, nongovernmental organizations’ protection of victim confidentiality, limited information on some cases handled by the U.S. government, and federal agencies’ challenges identifying cases.

Via GAO 2008

Via GAO 2008

Each year, the State Department issues A-3 and G-5 visas to individuals whose employers are foreign diplomats on official purposes in the United States. Most of these individuals are hired to work for foreign diplomats in the District of Columbia, Maryland, New York, or Virginia. According to the 2008 GAO report, for fiscal years 2000 through 2007, 207 U.S. embassies and consular posts overseas issued 10,386 A-3 visas and 7,522 G-5 visas.

Recent State Department statistics indicate that from 2008 through 2012, it issued 5,330 A-3 visas to attendant, servant, or personal employee of A1 visa holders (ambassador, public minister, career diplomat, consul, and immediate family) and A2 visa holders (other foreign government official or employee, and immediate family).  It also issued 4,196 G-5 visas to attendant, servant, or personal employee of G1 through G4 (international organization officials and representatives).  That’s about a 50% decrease on A-3 visas and a 44% decrease in G5 visas issued since 2008. What might have accounted for that huge drop?

How about the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008?  Click here for the laws on trafficking in persons dating back to the year 2000.

In any case — five years ago today, President George W. Bush signed the TVPRA to combat human trafficking. Section 203 of the Trafficking Victims Protection Reauthorization Act of 2008 requires the secretary of state to suspend  the issuance of A–3 visas or G–5 visas to applicants seeking to work for officials of a diplomatic mission or an international organization, if the Secretary determines that there is credible evidence that 1 or more employees of such mission or international organization have abused or exploited 1 or more nonimmigrants holding an A–3 visa or a G–5 visa, and that the diplomatic mission or international organization tolerated such actions.

No secretary of state has ever exercise the authority to suspend any diplomatic mission despite some repeat offenders. For a look at what the State Department has done/not done when it comes to TVPA and domestic employees of foreign diplomats in the United States, read Janie A. Chuang’s critical paper on Achieving Accountability for Migrant Domestic Worker Abuse in the 2010 North Carolina Law Review.  One of the sections talks about the State Department’s “Failure to Use Power to Name, Shame, and Deter Wrongdoers.”

Chief of Mission Accountability

In 2008, the State Department through USUN sent this note verbale on the Treatment of Domestic Workers at UN Missions.

Recently, the host country has learned of a number of allegations of trafficking in persons with respect to domestic workers, including allegations of involuntary servitude and physical abuse. For example, this Mission has periodically been informed of instances where wages actually paid are less than those stipulated in an employment contract; where passports have been withheld from employees; where the actual number of working hours is considerably greater than those initially contemplated and no additional pay is provided; and where an employee is forbidden from leaving an employer’s premises even when off-duty. The United States Mission takes seriously any such allegation brought to its attention and refers these cases, as appropriate, to the United States Department of Justice for review and investigation.  
[...]
The United States Mission also wishes to advise the Permanent Missions that its commitment to fair and reasonable labor conditions is consistent with its commitment to human rights and, further, comports with the practice of other governments and with the requirements imposed by international organizations on their employees who have foreign domestic workers.  Although the United States recognizes that the great majority of diplomats and Mission personnel are law-abiding members of the United Nations community, it is necessary to periodically re-circulate and update information regarding United States laws, regulations and policies regarding the employment of personal domestic servants.
In fact, if you take a look at this archive of diplomatic notes, it is clear that the treatment of domestic employees, their contracts, prevailing wage, pre-notification requirements are recurring subjects.

In a 2009 diplomatic note, the State Department puts the heads of missions on notice that they are generally accountable for the treatment of domestic workers employed by their mission. We presume that this is a recurring reminder that the State Department sends to all diplomatic missions in the United States:

The United States Mission looks to the Permanent Representatives to be responsible for the conduct of the members of their missions and for ensuring that their treatment of domestic workers in their employ evidences respect for all relevant United States laws. In this regard, it is  recommended that the Permanent Mission maintain copies of the signed domestic worker contracts and be able to review such contracts, as well as records of payments made to each domestic worker, in the event that the United States Mission seeks assistance if faced with credible allegations of a mission member’s mistreatment of a domestic worker.

The United States Mission and/or the Department of State refer credible allegations of abuse of domestic workers by mission members which may constitute criminal conduct to the United States Department of Justice. In that context, the United States Mission and the Department of State may take other appropriate action, including, based on the determination by an appropriate prosecuting authority that prosecution is warranted, a request for a waiver of any applicable immunity. Mission members are not only expected to pay the greater of the minimum or prevailing wage and abide by other contract terms, but they should also be aware that in the United States, withholding a person’s passport maybe evidence of the crime of trafficking in persons if it is done with the intent of keeping that person in a state of forced labor or service.

In the Trafficking in Persons Report 2010, the State Department notes the following:
Worldwide, domestic workers employed by diplomats suffer abuses ranging from wage exploitation to trafficking offenses. Diplomats are government officials who serve their governments abroad and are generally able to apply for visas enabling domestic workers – often from third countries – to accompany them on their foreign assignments.
Because domestic servants working for diplomats work behind closed doors – cleaning, cooking, and caring for children – they can become invisible to the neighborhoods and communities they live in. Domestic workers brought into a country by diplomats face potentially greater isolation than other workers because of language and cultural barriers, ignorance of the law, and sheer distance from family and friends. They work for government officials who may appear to them to hold exceptional power and/or influence. The resulting invisibility and isolation of such workers raises concerns about the potential for diplomatic employers to ignore the terms of their employment contracts and to restrict their domestic workers’ freedom of movement and subject them to various abuses. Because diplomats generally enjoy immunity from civil and criminal jurisdiction while on assignment, legal recourse and remedies available to domestic workers in their employ – and the criminal response otherwise available to the host government – are often significantly limited.
And in March 2012, during the Annual Meeting of the President’s Interagency Task Force To Monitor and Combat Trafficking in Persons, then Secretary of State Hillary Clinton said this:

“We thought it was unfair for diplomats who victimized their own domestic workers were, because of diplomatic immunity, virtually untouchable. So now, we’re making sure that diplomats coming to this country understand their obligations and responsibilities, and we’re taking action when we have evidence that they are not.”

No one paid attention then,  but they’re paying attention now.

In the latest diplomatic row between the United States and India, the Times of India provided an unconfirmed timeline of the events.   It indicates that the State Department reportedly wrote to the Indian ambassador in Washington, D.C. on September 4, 2013 expressing “considerable concern” over the allegations.  On September 21, the Indian Embassy reportedly replied, “that this was none of US’ business and that the maid was seeking a monetary settlement and US visa, whereby subverting both Indian and US laws.”

If that timeline is accurate, one has to ask who miscalculated whose response?

 

“This is happening 10 miles from the White House”

- Martina Vandenberg, Human Trafficking Pro Bono Legal Center

Despite the many notable cases of abuse by diplomats ranging from non-payment of wages to sexual assaults, we do not see very often an arrest of a foreign diplomat or international representative in the United States. But following the arrest of  IMF’s Dominique Strauss-Kahn in 2011, Reuters did report the following:

Foreign diplomats have been the subject of at least 11 civil lawsuits and one criminal prosecution related to abuse of domestic workers in the last five years, according to a Reuters review of U.S. federal court records. The allegations range from slave-like work conditions to rape, and the vast majority of the diplomats in these cases avoided prison terms and financial penalties.

We have not been able to locate all civil lawsuits but the cases below are just a sampling of abuse allegations by domestic employees against their foreign diplomat-employers in the United States in the last several years.

Tae Sook PARK v. Bong Kil SHIN (South Korean Consulate/San Francisco) | Tae Sook Park, a domestic servant sued Deputy Consul General Bong Kil Shin of the Korean Consulate in San Francisco.  The Ninth Circuit Court of Appeals reversed a district court decision dismissing Park’s claims of labor law violations. It held that the deputy consul was not entitled to immunity under the Vienna Convention on Consular Relations or the U.S. Foreign Sovereign Immunities Act, and remanded the case back to district court. He later became ambassador.

Swarna v. Al-Awadi (Kuwait Embassy)|  Swarna Vishranthamma took to court her former employers, Badar Al-Awadi and his wife, Halal Muhammad Al-Shaitan and the State of Kuwait in 2009.  At the time of the events in question, Mr. Al-Awadi was a diplomat serving in New York City with the Permanent Mission of the State of Kuwait to the United Nations. According to WaPo,  Kuwaiti government hired a prominent law firm to defend him in the civil case — in court filings, he has denied the allegations — and then later promoted him to be Kuwait’s ambassador to Cuba.

Mildrate Yancho Nchang (Cameroon Embassy) | According to WaPo,  Nchang filed a case against her employers alleging she toiled for three years without pay or a day off and then was hospitalized after being beaten by a Cameroonian diplomat’s wife. She sued in federal court in Maryland, but the case was dismissed in 2006 when the diplomat asserted immunity.

Mazengo v. Mzengi, et.al. (Tanzania Embassy)| In 2007, Ms. Mazengo, a citizen of Tanzania, sued her former employers, defendants Alan S. Mzengi and Stella Mzengi, husband and wife, alleging that they falsely imprisoned her and subjected her to involuntary servitude and forced labor in violation of federal law. Alan S. Mzengi was a diplomat accredited to the embassy of the Republic of Tanzania.  WikiLeaks Alert: See the State-USEmbassy Tanzania demarche on the outstanding restitution for TIP victim, Ms. Zipora Mazengo.

Regina Leo (Kuwaiti Embassy) | In July, 2008, a lawsuit was filed against an attache in the Embassy of Kuwait, Brig. Gen. Ahmed Al Naser, and his family, by their former maid, Regina Leo, an Indian immigrant who alleged that she was forced to work as much as 18 hours per day.

Marichu Suarez Baoana (Philippine Embassy) | According to WaPo, in 2009, Ms. Baoana, a Philippine national sued the Permanent Representative of the Philippines to the United Nations, Lauro L. Baja Jr. alleging she was forced to endure 126-hour workweeks with no pay, performing household chores and caring for the couple’s grandchild.

Daedema Ramos (Kuwait Embassy) | In 2010, the Filipina housekeeper left a Kuwaiti diplomat’s Manhattan duplex where she worked 20 hours a day, earning as little s $500 a month. With help from Damayan, a grassroots organization fighting for the rights of low-wage Filipino migrant workers she escape her employer, and was encouraged to fight back. In July 2012, the diplomat settled with her after she demanded unpaid wages.

Sophia Kiwanuka (World Bank) | According to Reuters, World Bank economist, Anne Margreth Bakilana, hired a Tanzanian woman, Sophia Kiwanuka, to work in her home in Falls Church, Virginia, and improperly withheld Kiwanuka’s wages and threatened to send her back to Tanzania, according to court records. She pleaded guilty in 2010 and was sentenced to two years probation and fined $9,400.

Bhardwaj v. Dayal et al (Indian Embassy) |  In 2011, Indian national Santosh Bhardwaj filed a lawsuit against Indian Consul General Prabhu Dayal for allegedly intimidating her into a year of forced labor, where she was subjected to 105-hour workweeks for $300 per month. According to Indian Express, in December 2012, the Indian Ministry of Finance approved payment of $75,000 from the budget of Ministry of External Affairs to a “former domestic assistant” who had filed a lawsuit against India’s consul-general in New York, Prabhu Dayal. Click here to read an interview with Mr. Dayal in India Today concerning his case and the Khobragade case.

Araceli Montuya (Lebanon Embassy ) | She filed a lawsuit against  her former employer, the Lebanese Ambassador Antoine Chedid. On April 2011, U.S. District Judge James Boasberg in Washington threw out a case in which Montuya alleged that Chedid and his wife underpaid and verbally abused her.

Four former cooks and housekeepers (Qatar Embassy) |  According to Reuters, on March 2011, four former cooks and housekeepers for Essa Mohammed Al Manai, Qatar’s second-highest ranking diplomat in the United States filed a civil lawsuit alleging they were paid less than 70 cents per hour and “forced to work around the clock” at Al Manai’s six-bedroom home in Bethesda, Maryland. The suit also claimed that one of the women was sexually assaulted. More here.

F.V. (The Taipei Economic and Cultural Office) |  In 2011, Hsien-Hsien “Jacqueline” Liu, 64, of Taiwan, high-ranking representative of Taiwan was charged in federal court with fraud in foreign labor contracting for fraudulently obtaining a Filipino servant for her residence. Liu paid the Filipino worker $400-450 per month, although the employment contract stipulated a salary of $1,240 per month. Liu allegedly required the victim to work six days a week, 16 to 18 hours a day, and forbid her to leave the house without permission. (See Taiwanese Official in Kansas Charged for “Fraudulently Obtaining a Filipino Servant”).  Liu was arrested by the FBI on Nov. 10, 2011 and was detained for two months before entering a plea agreement. She eventually entered a plea agreement and was ordered to pay US$80,044 in restitution to the two maids. According to the Taipei Times, in 2012, Liu was suspended from her duties for two years for “seriously damaging the country’s reputation.”

Gurung v. Mahotra (Indian Embassy) | In 2012, a New York City Magistrate Judge  ordered Neena Malhotra, an Indian diplomat and her husband Jogesh to pay nearly $1.5 million reportedly arising from their employment of an Indian girl, Shanti Gurung who alleged “barbaric treatment” while she was employed as their domestic worker.

C.V. (Mauritius Embassy) | According to The Record, in 2012, Somuth Soborun, the Republic of Mauritius’ ambassador to the US pleaded guilty to the misdemeanor offense in September, admitting that he failed to properly pay a domestic worker minimum hourly and overtime wages between December 2008 and August 2009. He was fined $5,000.  As part of his plea agreement, Soborun has already paid $24,153 in restitution to the domestic worker, who was identified in court papers only by the initials C.V.

Kumari Sabbithi, Joaquina Quadros and Tina Fernandes (Kuwaiti Embassy) | In 2012, the ACLU represented three Indian women who were employed as domestic workers by Major Waleed Al Saleh and his wife Maysaa Al Omar of McLean, Virginia.  The complaint alleged that they were brought to the U.S. in the summer of 2005 and that they were forced to work every day from 6:30 a.m. until sometimes as late as 1:30 a.m. for approximately $250 to $350 a month. The complaint further alleged that they were subjected to threats and verbal and physical abuse, including one incident in which Al Saleh threw one of the women, Sabbithi, against a kitchen table, knocking her unconscious. The Kuwaiti government agreed to settle the case brought by three women who claimed that they were trafficked to the United States by a Kuwaiti diplomat and his wife.

USA v. Devyani Khobragade |  In December 2013, the Indian Deputy Consul General Arrested For Visa Fraud and False Statements Related to Domestic Worker

The  reported abuse of migrant domestic workers by diplomats and the staff of international organizations typically include wages and hour violations, passport deprivation, denial of the workers’ right to leave the house or premises in which they work, physical, sexual and emotional abuse and invasion of privacy, where domestic workers often have their rooms searched, their mail opened, and are not allowed to make private phone calls.  For additional reading, see  Joy M. Zarembka’s Global Woman: Nannies, Maids, and Sex Workers in the New Economy,which details the plight of some of the domestic workers brought to the U.S. by employees of international organizations.

Maid in Manhattan Case: U.S. Attorney Preet Bharara, the Man Who Makes Embassy Row Tremble

We suspect that nowhere is the  Khobragade Affair watched more closely than in the United Nations in New York and in the Embassy Row (the informal name for the streets and area of Washington, D.C. in which embassies, diplomatic missions, and other diplomatic representations are concentrated).  Besides India, that is.  To avoid possible “misunderstanding,” the State Department has recommended that diplomats keep employment records of their domestic workers including work hours and payment, records that should be maintained for the duration of actual employment of domestic employees plus three years.  Would be interesting to see how many diplomatic missions in the United States actually take this recommendation seriously.

In an interview with India Today published on December 23, the former Indian Consul General Prabhu Dayal who was taken to court by his former housekeeper in New York said that “in our consulates in the US, there is a lot of fear today.”

“India’s view has been that the domestic assistants of our diplomats hold Official Passports and should be outside the purview of US labour laws. The US side has not agreed to this, insisting that US laws apply to them. This impasse continues.[...] even if were were to revamp our system relating to domestic assistants, we will not be able to guarantee that our officials in our Consulates will not be arrested or dragged into law courts for some  reason or another in future. The US is a highly litigious country where suing people is a sort of favourite past time. [...] There is no doubt, however that our officers posted at the Consulate in New York have begun to feel very insecure after all these recent cases, and the same may also be true for the other Consulates in Chicago, San Francisco, Houston and Atlanta. How will India protect its diplomats posted to the Consulates given the US position on immunity?”

But perhaps the more telling parts during this incident is the on the record statement made by a senior Indian official quoted by the Times of India below:
“Which Indian would pay a help Rs 6500 ($ 100) a day?” asked Shakti Sinha, a former principal secretary in the government of India who did various stints abroad, including at the World Bank and various UN agencies, assuming eight normal working hours.

FirstPost.com reports  on India’s former foreign secretary Kanwal Sibal’s opinion on this matter, quoting the former official as saying:

“There is much chicanery involved here. Indian diplomats taking domestic staff to the US accept the minimum wage requirement when all concerned, including the US visa services and the State Department, know this is done pro-forma to have the paper work in order. To imagine that the US authorities are duped into believing that our diplomats will pay their domestic staff more than what they earn is absurd. The US authorities have been clearing such visas for years to practically resolve the contradiction between reality and the letter of the law.”

And that’s probably why “there is a lot of fear today.”

Apparently, according to NYT, there are 14 other Indian maids working for Indian diplomats in the United States, and “India is negotiating over their status with the State Department.”  If a Deputy Consul General could be hauled to jail for underpaying her domestic employee, who could Preet Bharara go after next?

Dirty Laundry Gets Washed

The State Department’s TIP 2012 report says that “U.S. government employees, their dependents, and members of their households do not have immunity in the U.S. domestic legal framework for acts of human trafficking associated with domestic staff occurring at overseas postings. Any such reports will be fully investigated by Diplomatic Security and/or the Office of the Inspector General and, where appropriate, may result in either an administrative penalty and/or referral to the Department of Justice for criminal prosecution. These measures apply to Department of State employees overseas as well as their dependents and other members of household.”

It’s not an accident that the above item was included in the report.  The State Department had two recent cases of domestic worker abuse.

Harold and Kimberly Countryman | In 2006, Harold Countryman, a former Department of State agent, and his wife, Kimberly Countryman, a realtor in northern Virginia, pleaded guilty to aiding and abetting visa fraud.  According to the plea agreement, Kimberly Countryman admitted to using the fraudulent visa to further the forced labor of a Cambodian woman in their employ. According to court documents, the couple provided materially false information to the Department of State to obtain a visa on behalf of a Cambodian woman, who they then brought to the United States to work for them as a domestic servant for two years. In the plea agreement, Kimberly Countryman admitted that she procured the visa with reason to believe that the visa would be used to commit a felony, namely forced labor. As a result, Kimberly Countryman is subject to an increase in her sentence. Kimberly Countryman acknowledged that she withheld a portion of the woman’s pay, took possession of the woman’s passport, and physically assaulted the woman.  As part of the plea agreement, the Countrymans were required to pay $50,000 in restitution and $50,000 in forfeiture.

Linda  and Russell Howard |  In 2011, Jane Doe, an Ethiopian national in her 30s filed a lawsuit in the U.S. District Court for the Eastern District of Virginia against a State Department employee Linda Howard and her husband, Russell Howard, alleging involuntary servitude, forced labor and human trafficking in violation of the Trafficking Victims Protection Act of 2000 (TVPA).  She alleged that she was forced to work more than 80 hours a week for less than a dollar an hour; the exact amount was $0.88 an hour; the minimum hourly wage at the time of Jane Doe’s employment was $6.55 an hour.  Court awarded a default judgment to Jane Doe for total damages of $3,306,468.  Linda and Russell Howard had reportedly left the United States. See Court Awards $3.3 Million Default Judgment Against State Dept Couple Accused of Slavery and Rape of Housekeeper.

The Signal Plus the Noise, the Diplomatic Edition

The suspension of a high-ranking Taiwanese official for two years for “seriously damaging the country’s reputation” is the only case we are aware of in recent memory where an official was disciplined by the sending country in the aftermath of U.S. federal charges related to the treatment of a domestic worker.  In most cases, it looks like the official in question, protected by the sending state, gets moved elsewhere,  or even gets a promotion with no career repercussion. Clearly underpayment or mistreatment of a domestic employee is not considered a serious offense by a good number of diplomatic missions.

While diplomats continue to dodge cases like this behind diplomatic immunity, and as long as governments stand behind their diplomats when they commit infractions like this, the practice will continue. As the German Institute of Human Right points out: “...[E]mployers’ diplomatic immunity in prac­tice overrules the human rights of the victim and leads to a situation of de facto-unaccountability and –impu­nity for exploitative employers.”

In this India-U.S. row, we note that the outrage is focused on the circumstances of the diplomat’s arrest. And that is understandable. But it is also important to note that while the focus of the  outrage is the strip-search, few are talking about the alleged treatment of the domestic worker.  Unless, of course, we’re talking about the former Khobragade maid as a CIA agent.

In early December, Preet Bharara, the United States Attorney for the Southern District of New York also charged 49 Russian Diplomats/Spouses With Picking Uncle Sam’s Pocket in Medicaid Scam. Most of the diplomats charged are no longer in the country. And of the defendants still  here, most are attached to the UN Mission and presumably enjoy diplomatic immunity. If the U.S. may not be able to put anyone in jail nor be able to recoup the thousands of dollars in scammed Medicaid money, why charged them?  We suspect that the charges were brought to put a stop to the scam.  Basically a megaphone saying — we know what you’re doing, shame on you, now stop it.

As complicated as the Khobragade case may seem, it will be resolved eventually. A $90 billion bilateral trade partnership is at stake. Who would throw that partnership over the cliff for a mid-level official?  Or for an underpaid housemaid?  Stay tuned.  Perhaps the more interesting take on this incident is by Alison Frankel who writes, “For all we know, the State Department intended to send a message to the international diplomatic corps, which is often accused of cloaking itself in diplomatic immunity to avoid claims of mistreating domestic staff.”

Do we have an aha moment here?

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49 Russian Diplomats/Spouses Charged With Picking Uncle Sam’s Pocket in Medicaid Scam

– Domani Spero

Well, this isn’t good.  The defendants are current or former Russian diplomats or spouses of diplomats connected with the Russian Mission in the United States.  The alleged widespread Medicaid fraud occurred from 2004 to August 2013. Apparently, approximately $1,500,000 in fraudulently received benefits were obtained by the defendants and dozens of other co-conspirators not named in the complaint in the last 9 years.

Via USDOJ:

Preet Bharara, the United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director-in-Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), today announced charges against 49 defendants for participating in a widespread fraud scheme from 2004 to August 2013 to illegally obtain nearly half a million dollars in Medicaid benefits. Each of the defendants charged in the Complaint unsealed today is a current or former Russian diplomat or the spouse of a diplomat employed at either the Russian Mission to the United Nations (the “Mission”), the Russian Federation Consulate General in New York (the “Consulate”), or the Trade Representation of the Russian Federation in the USA, New York Office (the “Trade Representation”). The Complaint alleges that each of the defendants and their unnamed co-conspirators participated in a widespread scheme to illegally obtain Medicaid benefits for prenatal care and related costs by, among other things, falsely underreporting their income or falsely claiming that their child was a citizen of the United States.

Manhattan U.S. Attorney Preet Bharara said: “Diplomacy should be about extending hands, not picking pockets in the host country. Here, as alleged, a multitude of Russian diplomats and their spouses ran a scam on a health care system designed to help Americans in need. As the Complaint alleges, the scam exploited a weakness in the Medicaid system, and the charges expose shameful and systemic corruption among Russian diplomats in New York.”

According to the announcement, each of the defendants was charged with one count of conspiracy to commit health care fraud and one count of conspiracy to steal government funds and make false statements relating to health care matters, which carry maximum sentences of ten years and five years in prison, respectively.

Apparently, of the 49 defendants, 38 no longer reside in the United States.  There are, however, still 11 currently in the country. According to USDOJ, five of those individuals are diplomats working at the Russian Mission to the United Nations in New York. Another five of those individuals are the spouses of the diplomats. One defendant is currently employed at the Russian Federation’s embassy in Washington, D.C., but at the time of the charged offenses, was employed at the Consulate.

According to the allegations in the Complaint unsealed on December 5 in the Manhattan federal court:

Medicaid is a largely federally funded program in the United States designed to assist low-income families afford health care. In New York State, the Department of Health administers the Medicaid program, and the New York City Human Resources Administration oversees the program and processes applications in New York City. In New York State, pregnant women can receive immediate prenatal care following a preliminary assessment of the pregnant woman’s, and, if applicable, her spouse’s, income. If the pregnant woman provides an income level that is higher than the Medicaid eligibility threshold, the provider will generally not process the Medicaid application. Proof of United States citizenship is not required for a pregnant woman to receive Medicaid benefits because the unborn child is presumed to acquire United States citizenship by virtue of being born in the United States. Once completed, the pregnant woman is entitled to Medicaid benefits pursuant to the original application until the 60th post-partum day, and the newborn child is entitled to benefits on the mother’s initial application until the child’s first birthday. Diplomats, their spouses and children are generally not entitled to Medicaid benefits except in cases of emergency.

While in the United States, the individuals employed by the Mission, Consulate, and Trade Representation are paid a salary by the Russian government, which is not subject to United States federal, state, or local taxes. Employees of the Mission and Consulate generally live in housing, the vast majority of which is paid for by the Russian government. The Mission and Consulate historically have also paid for the medical expenses of their employees, including hospital and doctor bills, as well as dental expenses. Each of the defendants named in the Complaint is a Russian diplomat who works or worked at the Mission, Consulate, or Trade Representation, or was married to such an individual. As a result of an international convention among multiple nations and a bilateral agreement between the United States and Russia, children born in the United States to Russian diplomats generally do not acquire United States citizenship.

The investigation revealed the widespread submission of falsified applications for Medicaid benefits associated with medical costs for prenatal care, birth, and young children by the defendants, which enabled the defendants to obtain Medicaid benefits that they were not otherwise entitled to receive. Approximately $1,500,000 in fraudulently received benefits were obtained by the defendants and dozens of other co-conspirators not named in the Complaint. In general, the defendants underreported their income to an amount below or at the applicable Medicaid eligibility level in order to qualify for Medicaid benefits. In support of the underreported income, the defendants generally submitted letters signed by employees of the Mission, Consulate, or Trade Representation, purporting to corroborate that the falsely underreported income was the true income amount. The defendants’ true income was often hundreds, if not thousands, of dollars more per month than what was falsely reported to Medicaid. Moreover, before, during, and after the time that the defendants received Medicaid benefits, several of the defendants opened credit card accounts in which they reflected salaries thousands of dollars higher than they reported to Medicaid.

[...]

Three other defendants falsely claimed that their children – Russian nationals residing in the United States pursuant to visas issued by the Department of State reflecting their Russian citizenship – were citizens of the United States in order to obtain Medicaid benefits for their children. To support these lies, a United States social security card was provided for one application, and both a United States Social Security Card and a birth certificate issued by the New York City Department of Mental Health and Hygiene was provided in support of another application.

[...]

Moreover, before, during, and after the time that the defendants applied for and received hundreds of thousands of dollars in Medicaid benefits, they spent tens of thousands of dollars on luxury items, including cruise vacations and purchases such as watches, shoes, and jewelry, at stores such as Tiffany & Co., Jimmy Choo, Prada, Bloomingdale’s, and Burberry.

If you want to read the official complaint, click here: Kuleshov, Mikhail et al. 13 MAG 2711 Complaint

Meanwhile, at the State Department, the Spokesperson said on 12/5: “We are still at the State Department reviewing the charges that were unsealed. We’re not yet in a position to speak to the types of specifics about what might happen. Obviously, there is a legal procedure that will be unfolding from this point.” Below is an additional back and forth during the Daily Press Briefing:

QUESTION: Well, does it concern you at all that employees of the Russian Government, while in this country, were involved in – allegedly involved in such a scam? Will you ask the Russian Government to repay what was – what they allegedly stole, for lack of a better word?

MS. HARF: Well, we’re still looking into the charges and the type of specifics in terms of reimbursement and all of that. We’re still – we don’t have any position on that yet. We’re still looking at the charges. And as we go forward, we may have more to share.
[..]

QUESTION: I would suggest to you that 49 is more than a handful, and this appears to have been going on over a sustained period of time. And it’s unlikely that the Russian Government was unaware that these people were –

MS. HARF: I don’t know if they were –

QUESTION: You’ve read the charges?

MS. HARF: I don’t know if they were –

QUESTION: I mean, they were buying incredibly expensive jewelry, taking these fabulous vacations. You would think –

MS. HARF: I honestly don’t know if they were aware. We don’t think this should affect our bilateral relationship with Russia. Quite frankly, there are too many important issues we have to work on together. The justice system will proceed in the way that it does here in the States, and we don’t think it should impact our relationship.

Quite frankly, this was an FBI undercover operation  that went on for about a year and a half.  So a little appreciation for the work done by law enforcement agents would not be too undiplomatic, is it?  The FBI agent’s statement also notes that of the 63 births to the Russian diplomats and their spouses in New York City between the years 2004 and 2013, 58 of those families, or 92% were allegedly paid for by Medicaid benefits. False letters from senior Russian officials were allegedly routinely annexed to the Medicaid applications. The Russian official signatories include a Deputy Trade Representative, a consul, an attache’ and a counselor, according to the complaint.

Now, can you imagine Elizabeth Jennings doing something like this?

WaPo is reporting that the Russian Deputy Foreign Minister Sergei Ryabkov called the charges “no more than a cheap spin effort, no more than a desire to fulfill the order of Russophobic forces in the United States.” Also just so everyone knows, Ryabkov added that “We have many complaints about U.S. diplomats in Moscow, but we aren’t taking them into the public domain.”

This is now a diplomatic embarrassment. Friends at US Mission Russia, watch yourselves.

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Ninety-Five Years Ago, We Tried to Export American Thanksgiving Day Around The World

– Domani Spero

Via achives.gov,  below is an excerpt from David Langbart’s The Text Message blog post from November 20, 2012 about  Thanksgiving Day 1918. The Text Message is the blog of the Textual Services Division at the National Archives.

“Thanksgiving is considered by many to be the quintessential American holidayAs Thanksgiving 1918 approached, American had more reason than the usual to give thanks.  On November 11, 1918, Germany signed the armistice that brought World War I to an effective end.  In the wake of that event, the United States made an attempt to broaden the application of Thanksgiving to a selected world-wide audience.

On November 13, the Department of State sent a the following telegram, personally drafted and signed by Secretary of State Robert Lansing, to its diplomatic representatives in the capitals of the victorious powers.  The message went to the American embassy or legation in Belgium, Brazil, China, Cuba, France, Great Britain, Greece, Guatemala, Haiti, Honduras, Italy, Japan, Nicaragua, Panama, Portugal, Roumania, Russia, and Siam.”

langbart1_thanksgiving 1918

Click on image to read the cable)

Here is the text of Secretary of State Lansing’s telegram above:

Nov 13, 1918
“You will at the first opportunity offered call attention of the Government, to which you are accredited, to the fact that on the last Thursday of November this country according to customs will celebrate a national day of thanksgiving and prayer. You may add that at this time, when there are such profound reasons for gratitude, the other victorious nations may consider it appropriate to designate Thursday, November twenty-eight, a national day of thanksgiving for the blessings bestowed upon us.”

Mr. Langbart writes:

Not all countries responded.  Among the responses, the government of Greece appointed November 28 a national holiday to celebrate “deliverance from the yoke of foreign domination;” in Brazil, the government declared November 28 a day of thanksgiving and rejoicing and further stated that “Brazil wishes to associate herself in this thanksgiving with the people of North America who both in time of peace and war have been her friends;” and in great Britain, while there was not enough time to make arrangements for a general celebration, a service took place at Saint Martin in the Fields, attended by a representative of the King, other principals of the UK government, and members of the U.S. embassy.  Several other countries designated November 28 a national holiday.

Mr. Langbart notes that President Woodrow Wilson (1913-1921) also issued the traditional Thanksgiving Proclamation on November 19, 1918, and it was distributed via telegram to American diplomatic and consular employees around the World.  Click here to see the two-page telegram.

Thanksgiving Day became an official Federal holiday in 1863 under President Abraham Lincoln who proclaimed it  a national day of “Thanksgiving and Praise to our beneficent Father who dwelleth in the Heavens”, to be celebrated on Thursday, November 26.  That 1863 proclamation was reportedly written by Secretary of State William Seward, and the original was in his handwriting.  The holiday was not always a paid Federal holiday nor always on the fourth Thursday of November.  According to the CRS (pdf), a law signed by FDR on December 26, 1941, settled the dispute and permanently established Thanksgiving Day as a federal holiday to be observed on the fourth Thursday in November.

🍹 Happy Thanksgiving everyone!  Thank you for making us part of your day.  And if you have a bird in this year’s White House Hunger Games, may the odds be ever in your favor🍹!! 

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Interim Win For Diplomats Slows Down March To Another War. For Now.

– Domani Spero

(L to R) British Foreign Secretary William Hague, German Foreign Minister Guido Westerwelle, Catherine Ashton, Iranian Foreign Minister Mohammad Javad Zarif, Chinese Foreign Minister Wang Yi, and US Secretary of State John Kerry,, Russian Foreign Minister Sergey Lavrov and Laurent Fabius, the French foreign minister

(L to R) British Foreign Secretary William Hague, German Foreign Minister Guido Westerwelle, EU’s Catherine Ashton, Iranian Foreign Minister Mohammad Javad Zarif, Chinese Foreign Minister Wang Yi, US Secretary of State John Kerry, Russian Foreign Minister Sergey Lavrov and Laurent Fabius, the French Foreign Minister (Photo via US Mission Geneva)

Here is the Fact Sheet: First Step Understandings Regarding the Islamic Republic of Iran’s Nuclear Program released by the WH on November 23.  You might also want to read Jeffrey Lewis’ piece on FP asking, if we can’t ease sanctions in exchange for concessions, what was the point of pressuring Iran. He is the director of the East Asia Nonproliferation Program at the James Martin Center for Nonproliferation Studies.

Lots of articles coming out right now on the Geneva deal, but there are a couple you don’t want to miss.  The Associated Press reported on the cloak and dagger diplomacy that happened behind the klieg lights with Deputy Secretary of State William Burns, Jake Sullivan, Vice President Joe Biden’s top foreign policy adviser, and National Security Council aide Puneet Talwar. See Secret talks between U.S., Iran set stage for historic nuclear deal.  As well, see Al-Monitor’s Exclusive: Burns led secret US back channel to Iran.

Of course, now folks will start wondering what’s real in the public schedule posted on state.gov.

But please — a toast to the diplomats and the support staff!  For every foreign minister present in the photo above, there were numerous nameless individuals who made the work in Geneva possible. Bravissimo for a win that did not involved a drone, a gun, or a deadly karate chop! Diplomacy still works and it did not wear combat boots this time.

Also, yesterday, Reuters reported that former hostage Bruce Laingen, the US chargé d’affaires in Tehran in 1979 favors diplomacy, “despite humiliation, solitary confinement and having a gun held to his head during the U.S. Embassy crisis in Iran three decades ago.” The report notes that “Former hostages who were diplomats appear more in favor of rebuilding a relationship with Iran than those who were military personnel at the time.” See  Former Iran hostages: amid rapprochement they still want apologies.   

Apparently, some pols are livid about this Iran deal, lining up before microphones, furiously writing op-eds, plotting the next moves and …..

Oh, hey, accuweather says the East Coast winter storm will snark Thanksgiving travel.  Safe travel peeps!

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There’s UK’s Naked Diplomat, Now Japan’s Barefoot Diplomat, Ball’s In Your Media, American Diplomats

– Domani Spero

First, there was the Naked Diplomat. Remember him?  See Are You Ready for The Naked Diplomat? FCO’s Man In Beirut Strips Down. That’s Tom Fletcher, the British Ambassador to Lebanon who writes:

“The Naked Diplomat has a smartphone to protect his modesty. But also the skills that have always been essential to the role: an open mind, political savvy, and a thick skin. He or she will learn the language of this new terrain in the way he or she has learnt Chinese or Arabic.”

Enter Japanese diplomat Yasuhiro Murotatsu, also called The Barefoot Diplomat.  He’s seeking his first wrestling win in Sudan.  He apparently is the first foreigner, and the first diplomat to fight in Sudan’s wrestling arena.  He has had about four matches but he’s not giving up. Below is Murotatsu’s Return Match Preview. Watch, you’ll love this! (Translation maybe added later, our translator is in school).

BBC News covered one of his wrestling matches.

They call him the barefoot diplomat: Yasuhiro Murotatsu, the political officer at the Japanese embassy in Sudan, also carries out an unusual form of physical diplomacy.

He takes on the best Sudanese wrestlers in the ring.

Mr Murotatsu hopes his fights can even bring the Sudanese closer together.

“I will be very happy if all Sudanese, from different parts of Sudan, from different tribes of Sudan, come together to support Sudanese wrestlers against a foreigner, a Japanese diplomat,” he told the BBC.

Go, Muro, Go!

Mr. Murotatsu has his own YouTube channel here. The BBC News video clip is here.

Okay, folks, your turn.

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