USG Charges Two Individuals For Visa Fraud Conspiracy Involving the Moroccan Diplomatic Mission and Seven Domestic Workers

 

On March 13, SDNY announced that two individuals were charged for visa fraud conspiracy involving the Moroccan Consulate and Mission in New York. The complaint includes an individual not named as a defendant in the Complaint (“CC-1”), a diplomatic agent accredited to the Permanent Mission of the Kingdom of Morocco to the United Nations (the “Moroccan Mission”) with the rank of Ambassador. Footnote #5 in the complaint says that the USG anticipates that it will enter into a non-prosecutorial agreement with each of the seven domestic workers, all nationals of the Philippines). Footnote #6 notes that the DSS Special Agent is aware that as an ambassador accredited to the Moroccan Mission of the United Nations, CC-1 possesses full diplomatic immunity under Article V of the United Nations Agreement and Article (39)1)of the Vienna Convention on Diplomatic Relations.

Via USDOJ/SDNY:

Geoffrey S. Berman, the United States Attorney for the Southern District of New York, and Christian J. Schurman, Director of the U.S. Department of State’s Diplomatic Security Service (“DSS”) at the United States Department of State, announced today the arrest of MARIA LUISA ESTRELLA JAIDI (“JAIDI”), who was charged by complaint along with her brother, RAMON SINGSON ESTRELLA (“ESTRELLA”), for their involvement in a conspiracy to commit visa fraud, make materially false statements, and induce aliens to illegally come to, enter, and reside in the United States.  JAIDI was arrested today in Ancramdale, New York, and will be presented this afternoon in White Plains federal court before the U.S. Magistrate Judge Paul E. Davison.  ESTRELLA remains at large.

U.S. Attorney Geoffrey S. Berman stated:  “As alleged, the defendants abused our nation’s process for admitting consular officials in order to bring domestic workers into this country for their own monetary gain and lifestyle.  On top of that, Maria Luisa Estrella Jaidi exploited these workers by not providing them the critical protections and benefits they would have been entitled to had they been properly brought to this country with the appropriate visas.  Today’s charges demonstrate that fraud and abuse of this type will not be tolerated.”

DSS Director Christian J. Schurman said:  “DSS demonstrated its commitment to protecting the integrity of U.S. travel documents and the rights of foreign nationals visiting the United States.  We will continue to pursue those who abuse domestic worker visas to manipulate and exploit their employees for personal gain.  DSS’s strong relationship with our law enforcement partners and the U.S. Attorney’s Office for the Southern District of New York, continues to be essential in the pursuit of justice.”

According to the allegations in the Complaint unsealed in White Plains federal court[1]:

From approximately 2006 up to 2016, JAIDI and ESTRELLA conspired with an individual not named as a defendant in the Complaint (“CC-1”) to fraudulently procure visas for at least seven Filipino domestic workers (the “Domestic Workers”).  CC-1 is a diplomatic agent accredited to the Permanent Mission of the Kingdom of Morocco to the United Nations (the “Moroccan Mission”) with the rank of Ambassador.  From approximately 1980 through approximately 2016, CC-1 and JAIDI were married.

In order to fraudulently obtain visas for the Domestic Workers, JAIDI and CC-1 caused the Domestic Workers to submit visa applications containing materially false statements and to submit fraudulent employment contracts in support of those visa applications.  ESTRELLA – who is JAIDI’s brother and who resides in the Philippines – helped recruit several of the Domestic Workers in the Philippines to work for JAIDI and CC-1 in the United States and instructed the Domestic Workers to make false statements in their visa applications and to officials at the U.S. Embassy in Manila.

In particular, ESTRELLA, JAIDI, and CC-1 caused five of the Domestic Workers to falsely state in their visa applications that they would be employed as secretaries, administrative assistants, or technicians at the Moroccan Mission or at the Consulate General of the Kingdom of Morocco in Manhattan.  In addition, ESTRELLA, JAIDI, and CC-1 caused each of the Domestic Workers to submit fraudulent employment contracts to the State Department in support of their visa applications.  The fraudulent employment contracts also overstated the Domestic Workers’ salaries, understated their hours, and falsely guaranteed benefits, including, among others, sick leave, dental insurance, and medical insurance.

Once the Domestic Workers arrived in the United States, JAIDI and CC-1 employed the workers as their personal drivers, domestic helpers, farmhands, and assistants at their residence in Bronxville, New York, as well as at their farm in Ancramdale, New York.  JAIDI and CC-1 paid the Domestic Workers significantly less than the minimum salary required by law and regularly compelled them to work far in excess of 40 hours per week.  In addition, JAIDI and CC-1 generally denied the Domestic Workers the benefits set forth in their employment contracts, compelled the Domestic Workers to work seven days a week, and required the Domestic Workers to surrender their passports.

Read in full: Two Charged In White Plains Federal Court For Visa Fraud Conspiracy Involving Moroccan Consulate And Mission In New York

Attachment(s):
Advertisements

New Zealand Asks US Embassy Wellington Staffer to Leave

Posted: 03:14 am ET
[twitter-follow screen_name=’Diplopundit’]

 

New Zealand news media reported over the weekend that a U.S. diplomat was involved in an incident in Lower Hutt, one of the four cities of the Wellington metro area.  It is not know what happened during the incident, only that the diplomat was reportedly “left with a broken nose and a black eye.” According to NZHerald,  the Ministry of Foreign Affairs and Trade (MFAT) asked the US Embassy on Monday to waive the staffer’s diplomatic immunity so police could investigate the incident.  “The United States Government has today declined to waive the diplomat’s immunity,” the spokesman said. “Therefore, MFAT has asked the United States to withdraw the staff member in question from New Zealand.”  Some news reports have identified the diplomat but we have been unable to confirm the name or the status of the individual. US Embassy Wellington has not responded to our inquiry to-date.

#

Ex-CIA Sabrina de Sousa Granted Partial Pardon by Italian President Mattarella

Posted: 2:19 am  ET
[twitter-follow screen_name=’Diplopundit’]

 

We’ve followed the case of Sabrina de Sousa in this blog since 2009. She previously worked as an FSO for the State Department from 1998 to 2009. In a July 2013 interview with McClatchyDC, Ms. De Sousa confirmed that she worked under cover for the CIA in Milan, Italy.

 

According to the Guardian, the office of Italian President Sergio Mattarella issued a statement late Tuesday saying that De Sousa had been granted a partial pardon. It means a reduction of her four-year sentence of detention by one year.  The statement cited by media reports indicate that De Sousa “would be able to serve her sentence with “alternative measures” to detention, meaning that she could avoid spending any time in jail.”

#

Sabrina De Sousa: “Patriots” till investigations and prosecutions by foreign courts…

Posted: 12:12 am ET
[twitter-follow screen_name=’Diplopundit’ ]

 

We’ve previously blogged about the case of Sabrina De Sousa, a naturalized U.S. citizen born in India who served as a Foreign Service Officer for the U.S. State Department from 1998 to 2009.  In August 1998, she was assigned to the U.S. Embassy in Rome, Italy as a Political Officer, Second Secretary.  In May 2001, she was transferred to the U.S. Consulate in Milan as a Consular Officer for a tour of duty scheduled to end in May 2004. In dismissing the case against De Sousa filed against the State Department, United States District Judge, Beryl A. Howell on January 5, 2012 issued an opinion –here’s the important part:

“The facts underlying this case are troubling in many ways. The plaintiff served the government and the people of the United States in the Foreign Service for a decade. During the course of her service to this country, she was accused and convicted in absentia of committing a crime in a foreign nation, not for any personal gain, but at the alleged behest of the United States government. According to her allegations, she requested the government’s assistance to counter the charges against her in Italy, but received none and was instead “[e]ffectively abandoned and left to fend for herself.” Am. Compl. at 2. Following her foreign conviction, she faces the risk of arrest and imprisonment if she travels outside the United States, which is a particular hardship in her case both because of the impact on her professional options and because she is a naturalized citizen with family members living abroad. Then, when the plaintiff sought judicial review in this Court, the government did little to minimize the “logistical obstacles” presented by the need to protect against the inadvertent disclosure of classified information, but rather denied her counsel the use of a secure computer to draft filings and “threatened” the continuation of her counsel’s security clearance. ECF No. 63 at 13 n.6. The message that this scenario sends to civilian government employees serving this country on tours of duty abroad is a potentially demoralizing one.”

In a July 2013 interview with McClatchyDC, Ms. De Sousa confirmed that she worked under cover for the CIA in Milan.

Confirming for the first time that she worked undercover for the CIA in Milan when the operation took place, Sabrina De Sousa provided new details about the “extraordinary rendition” that led to the only criminal prosecution stemming from the secret Bush administration rendition and detention program launched after the Sept. 11, 2001, attacks.
[…]
Among the allegations made by De Sousa in a series of interviews with McClatchy:

– The former CIA station chief in Rome, Jeffrey Castelli, whom she called the mastermind of the operation, exaggerated Nasr’s terrorist threat to win approval for the rendition and misled his superiors that Italian military intelligence had agreed to the operation.

– Senior CIA officials, including then-CIA Director George Tenet, approved the operation even though Nasr wasn’t wanted in Egypt and wasn’t on the U.S. list of top al Qaida terrorists.

– Condoleezza Rice, then the White House national security adviser, also had concerns about the case, especially what Italy would do if the CIA were caught, but she eventually agreed to it and recommended that Bush approve the abduction.

[…]
“I don’t have any of the cables with me. Please put that down,” De Sousa added with a nervous laugh, her unease reflecting the Obama administration’s unprecedented crackdown on leaks of classified information to journalists.
[…]
De Sousa, 57, a naturalized U.S. citizen from India’s state of Goa, was one of 23 Americans convicted in absentia in 2009 by a Milan court for Nasr’s abduction. She received a five-year sentence. An appeals court in 2011 added two more years, and Italy’s Supreme Court upheld the sentence. Nineteen of the Americans, De Sousa said, “don’t exist,” because they were aliases used by the CIA snatch team.

The case drew fresh attention this month when Panama detained Robert Seldon Lady, the CIA’s former Milan station chief, whom the Italian court had sentenced to nine years in prison. But Panama released him within 24 hours and allowed him to fly to the United States, rather than wait for Italy to request his extradition.

Another convicted American, Air Force Col. Joseph Romano, who oversaw security at Aviano, the U.S. base from which Nasr was flown out of Italy, received a seven-year term. But Italian President Giorgio Napolitano pardoned him in April under U.S. pressure.

The Bush and the Obama administrations, however, have refused to ask Italy to do the same for De Sousa, who insists that she qualified for diplomatic immunity as a second secretary accredited to the U.S. Embassy in Rome.
[…]
[H]er treatment, she said, provides a warning to U.S. employees serving around the world. If they get prosecuted while doing their jobs, she said, “You have no protection whatsoever. Zero.”

An old piece from 2013 but worth reading again, given that the new CIA appointee called officials who waterboarded patriots. Ms. De Sousa writes on Twitter, “Patriots” till investigations and prosecutions by foreign courts…then abandoned.

#

Manhattan DA Wants Diplomatic Immunity For UN German Diplomat Revoked

Posted: 12:25 am ET
[twitter-follow screen_name=’Diplopundit’ ]

 

A diplomat from the Permanent Mission of Germany to the United Nations in New York is accused of punching his wife but is shielded from arrest by diplomatic immunity according to media reports. NYPost says that Manhattan District Attorney Cyrus Vance Jr. wants the diplomatic immunity revoked for the German diplomat.  State Department representatives have reportedly declined to discus the specifics of the case, except to say that the agency is “aware and concerned” of the incident — and that if Germany declines to waive immunity, they can require that the diplomat leave the US. See more below:

Via NYPost:

An NYPD spokesperson said that there is no situation in which it is acceptable for an officer to apprehend someone with diplomatic immunity.

The mayor’s office has urged her to go to a shelter for domestic violence victims, said Johnson, who is resistant of the idea.

“Other than a shelter, I don’t have any other options and I’m not willing to go to a shelter,” she said. “I don’t think I’m made for that stuff. All my life, my husband has been providing for me. He has been keeping me secure. So I don’t really know the world outside.”

Johnson, a native of Pakistan who does not work, met Haubrichs in her homeland when he was working in the German embassy there.
[…]

But she still loves her man and doesn’t want any consequences to rain down on him.  “I’m concerned for him. I don’t want him to lose his job or his title,” Johnson said. “I do want to have a respected life — of course, nothing like this — but I love him very much, I don’t want to compromise his career or position.”
[…]
“He’s a very caring person. It’s just sometimes the anger gets out of hand and things happen,” she said.

#

 

 

CIA Officer Declared as @StateDept Officer at Consulate Milan Faces Extradition to Italy

Posted: 1:33 pm ET
[twitter-follow screen_name=’Diplopundit’ ]

 

Via WaPo:

More than 13 years after an Egyptian cleric was kidnapped off the streets of Milan by CIA operatives, one former agency officer now living in Portugal faces extradition to Italy and the possibility of a four-year prison sentence for the abduction — an outcome that a former agency historian describes as “unprecedented.”

Sabrina De Sousa, 60, was one of 26 Americans convicted in absentia by Italian courts for her alleged role in the February 2003 rendition of Hassan Mustafa Osama Nasr, also known as Abu Omar.
[…]
De Sousa’s extradition and potential imprisonment would be an astonishing turn of events for a case that raises major questions about how much diplomatic protection CIA case officers abroad possess when carrying out operations sanctioned by their superiors. During her CIA tenure, De Sousa was registered in Italy as a State Department officer at the U.S. consulate in Milan. She did not work as a “NOC” — a non-official cover operative.

“Those of us who were convicted were accredited diplomats and declared to the Italian government,” De Sousa said. “We instead find ourselves treated like NOCs with our U.S. government affiliation disavowed. I would have never joined the CIA if I was told there was a remote possibility that I would never see my mother in Goa again and not travel abroad. This has set a terrible precedent. This rendition was funded by Congress with approval of senior government officials in the U.S., Italy and Egypt.”

It all began on Feb. 17, 2003, when two men snatched Omar while he was walking to a mosque in Milan and stuffed him into a van. The cleric was flown to Egypt where he was beaten and subjected to electric shock , but eventually released. It wasn’t until early 2005 when reports surfaced that Italian authorities were investigating the CIA officers for breaking local laws against detaining terrorist suspects in Europe.
[…]
In early 2009, De Sousa resigned from the CIA, after failed bids to persuade the State Department to grant her immunity.

 

 

#