Iraqi Special Immigrant Visa (SIV) Program To End on December 31, 2013

— Domani Spero

We previously posted about Iraqi SIVs in September. (See Special Immigrant Visa (SIV) Program for Iraqi Nationals to End Sept 30, Or How to Save One Interpreter At a Time).  The Department of State’s authority to issue Special Immigrant Visas (SIVs) to Iraqi nationals under the National Defense Authorization Act of 2008 has now been extended until December 31, 2013.  The US Embassy in Iraq cautions that “No matter what stage of the process you are in, all selected and eligible applicants must obtain their visa by December 31, 2013. There is no guarantee that the SIV program authority will be extended; therefore, you are strongly encouraged to act quickly to ensure you have the best possible chance to complete your case by December 31, 2013.” US Mission Iraq has updated its information on the Iraqi Special Immigrant Visa (SIV) Program with the following details:

  • Our authority to issue SIVs to principal applicants ends on December 31, 2013. We cannot issue SIVs to any principal applicants after this date.
  • Derivative family members (i.e., spouses, children) of principal applicants who were issued SIVs can still be issued SIVs after December 31, 2013.
  • Applicants are advised to check their email accounts and consult our website regularly for the most recent information regarding the SIV program.
  • Applicants whose cases are pending for additional documents are advised to send the required documents to our office immediately to the address listed in the instructions we provided to you.  Failure to do so may result in your visa not being issued before the December 31, 2013 deadline (principal applicants).
  • Applicants who have been scheduled for an interview are strongly encouraged to attend their appointment as scheduled.  Given the extremely high demand of appointments, we will be unable to reschedule your appointment, should you be unable to attend your interview.
  • The separate U.S. Refugee Admissions Program (USRAP) for U.S.-affiliated Iraqis remains in place and will continue to be available after December 31, 2013 regardless of whether the Iraqi SIV program ends at that time.  The Embassy encourages SIV applicants to seek out information about the USRAP as the eligibility criteria are very similar to those of the SIV program.  For more information on USRAP, please visit:http://iraq.usembassy.gov/refugeesidpaffairs.html.

Click here for more details including frequently asked questions.

Unless extended by Congress, the State Department’s authority to issue Special Immigrant Visas (SIVs) to Afghan nationals will also expire in September 2014.

* * *

 

 

 

 

Advertisements

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.

* * *

 

 

 

 

 

Insider Quote: there is absolutely no point in worrying about what is going to happen ….

Prudence Bushnell | U.S. Ambassador—Nairobi 1998 via:

“I would advise anyone going overseas to take our security training very seriously, to participate in the crises management exercises that are held at post every two years and if possible to volunteer, if you’re in Washington, to serve on a crisis task force, so that you get a sense of what happens from a Washington perspective – as you can get a sense of what happens overseas from participating in crisis management exercises.  I would then say, “Go out and enjoy yourself, because there is absolutely no point in worrying about what is going to happen to you – because what is going to happen is going to happen.”  Worrying doesn’t make any difference.  And if you have joined a community and if you have put your energies into participating in a community, and if you have gone through training about what to do during a crisis, just depend on yourself and one another, and you can get through it.”

* * *