US Embassy New Delhi RSO Wayne May Given 48 Hours to Leave India Over L’Affaire Khobragade

— Domani Spero

On January 9, a grand jury indicted Indian diplomat, Devyani Khobragade for visa fraud and for false statements.  Around the same time, Washington granted the Indian diplomat accreditation to the Indian Mission to the United Nations and requested that India waive the immunity that her new status conferred.   After India refused, Washington reportedly asked for Ms. Khobragade’s departure from the United States.  By Friday evening, the Indian diplomat was back in New Delhi, embraced as a returning hero. Mayur Borkar, the spokesman of the Republican Party of India is quoted by Reuters saying,  “We will be meeting her soon. She is an inspiration to the people of our country.” 

The State Department spokesperson Jen Psaki says that the charges remain in place and that Ms. Khobragade is not permitted to return to the United States “except to submit to the jurisdiction of the court.”

“[T]he charges against her have not changed. Once she departed – prior to her departure it was conveyed to her and to the Government of India that she is not permitted to return to the United States except to submit to the jurisdiction of the court. Her name would be placed in visa and immigration lookout systems to prevent the routine issuance of any future visa, and upon her departure, a warrant may be issued for her arrest. This does not change the charges. The charges remain in place.”

Ms. Psaki also confirmed the Government of India’s request for the withdrawal of a specific individual from the U.S. Mission in India. Note that both sides are using the polite term “withdrawal” or “expulsion” and did not make a declaration of “persona non grata” for either individual.

“I can confirm that a U.S. official accredited to the Mission India – to Mission India will be leaving post at the request of the Government of India. We deeply regret that the Indian Government felt it was necessary to expel one of our diplomatic personnel. This has clearly been a challenging time in the U.S.-India relationship. We expect and hope that this will now come to closure and the Indians will now take significant steps with us to improve our relationship and return it to a more constructive place. I don’t have any other specific details in terms of the individual and the name of the individual or their specific travel plans at this point.”

Reciprocity also known as equivalent retaliation is the diplomatic version of a stick fight. Nobody dies or the game ends, but no blow goes unreturned, regardless of who is right or wrong.

Screen Shot 2014-01-10

(Click on image to read the text of the daily press brief with Ms. Psaki)

We‘ve learned yesterday from our State Department sources that the member of US Mission India who was asked to depart within 48 hours according to news report is Regional Security Officer and Supervisory Special Agent Wayne May. His wife who works at the embassy as a Community Liaison Officer will presumably also leave.  Mr. May has now departed the country according to the Times of India.  On local media, he is alleged as either having issued the visas or alleged to have facilitated the travel to the United States of Sangeeta Richard’s family. The Times of India is reporting a direct connection between RSO Wayne May and the family of the Kohbragade maid.

The parents-in-law of Sangeeta Richard, the domestic help at the centre of the India-US diplomatic spat, worked with US diplomat Wayne May who was expelled by India for his role in the Devyani Khobragade episode. This seems to be the main reason why May is said to have gone out of his way to facilitate the “evacuation” of Sangeeta’s husband Philip and children by arranging T-visas (trafficking) for them.

We don’t know much of the the specifics of this case except through the USDOJ posted documents. We do know this — Mr. May is a member of the Bureau of Diplomatic Security, the law enforcement arm of the US Department of State.  As an RSO, his responsibility includes security,  investigations and threat analysis overseas.  We estimate that he manage about a quarter of the embassy staff in New Delhi.  Since the Khobragade case was a criminal investigation, we doubt very much if Mr. May just woke up one day and decided on his own to piss off the host country by doing whatever he did. Or did not do.  As far as we know, Mr. May is not a consular officer who issues visas nor a travel agent who process airline tickets. But apparently, he is the “it” person in this multi-phase diplomatic rat-tat-tat over a diplomat who allegedly underpaid her maid and was strip searched during her arrest.

It is  our understanding that Mr. May has been the RSO in New Delhi since 2010.  So yeah, he is already due for a regular rotation.

Now, the big question is — who will the GOI demand to leave next, the fingerprint lady on Window #6?

Today, it is widely reported on Indian media that India is also insisting that the US should drop the charges of visa fraud against its diplomat as she was not guilty of any wrongdoing according to External Affairs Minister Salman Khurshid. That indictment could actually be more problematic for the GOI.  Besides its missions in Washington, D.C. and New York, India has consulates general in San Francisco, Chicago, Houston and Atlanta. The minimum wages for those locations are as follows: California-$8.00 per hour; becomes $9.00 on July 1, 2014 (San Francisco minimum wage is higher at $10.55 per hour); Illinois-$8.25 per hour; Texas -$7.25 per hour; Georgia-$5.15 per hour. California’s Domestic Worker Bill of Rights also went into effect on January 1, 2014.  Writing for Hindustan Times, former Indian foreign secretary Kanwal Sibal (via) said this: “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.” NDTV reports that Indian diplomats in the US are worried “since their domestic helps also come on A3 visa like Ms Richards.” The report using unnamed sources says that there are “around 14 such ‘ticking time bombs’ in the US right now.”

A side note on the “T” visas for victims of human trafficking and qualifying family members — that’s not something that one office or one person can just issue because the official feel sorry for the applicant.  The “T” visa status is obtained from the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS). One of the eligibility criteria is for an applicant to “Demonstrate that [he/she] would suffer extreme hardship involving unusual and severe harm if removed from the United States.”  Victims of trafficking applicants are also strongly encouraged to submit Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, to show law enforcement agency support.  That declaration, signed by a law enforcement officer and a supervisory officer serves as primary evidence that the applicant is a victim of trafficking and that he/she has complied with reasonable requests from law enforcement. Once USCIS approves the change of status to a “T” visa, the applicant then had to deal with USCIS Vermont Service Center in St. Albans, VT.  to obtain derivative approval for qualifying family members.  Family members overseas then have to apply for their visas at their nearest embassy overseas.

To imagine that all this was orchestrated by one officer, including the investigation in the United States, and the actual filing of charges by the Southern District of New York because the escaped maid’s in-laws work for the officer’s family in New Delhi is simply ludicrous.

Related post:

Enhanced by Zemanta
Advertisements

U.S. Grand Jury Indicts Indian Diplomat Devyani Khobragade (See Documents)

— Domani Spero

On January 9, a U.S. Grandy Jury indicted Indian diplomat, Devyani Khobragade for visa fraud (count one) and for false statements (count two). The U.S. Attorney’s Office for the Southern District of New York has now posted copies of the indictment and the exhibits (includes the alleged fake employment contract and alleged real employment contract).

INDICTMENT, EXHIBITS & RELATED LETTER: U.S. v. Devyani Khobragade

A U.S. government official told Reuters that the State Department accepted India’s request to accredit Ms. Khobragade at the Indian Mission to the United Nations and then asked India to waive her diplomatic immunity that the status conferred.  India reportedly denied the request which resulted in Washington asking for Ms. Khobragade’s departure from the United States.

Apparently, one of Ms. Khobragade’s attorneys told CNN late Thursday afternoon that she was still in the United States, but declined to say whether she planned to leave later. The U.S. Attorney’s Office for the Southern District of New York subsequently released the following statement:

“This Office had been advised by the State Department that, pursuant to their request, Devyani Khobragade was to have left the United States this afternoon. In a letter sent to the Court upon the filing of the Indictment of Ms. Khobragade, we stated our understanding that she had left the country. Subsequent to the filing of the letter, Ms. Khobragade’s lawyer advised that she has not, in fact, departed the U.S.”

This may end the contentious U.S.-India row but this is not the end of the case against Ms. Khobragade.  In a filing to the New York court, Manhattan US attorney Preet Bharara writes that “the charges will remain pending until such time as she can be brought to Court to face the charges, either through a waiver of immunity or the defendant’s return to the United States in a non-immune status.”

Pending charges could complicate future plans of visiting or residing in the United States as Ms. Khobragade is reportedly married to a U.S. citizen.

* * *

Indian Diplomat Devyani Khobragade Strip Search Video Is Fake – Here’s Proof

— Domani Spero

There is a video circulating on social media which claims to be showing the CCTV footage of the strip search of Indian diplomat Devyani Khobragade after her arrest in New York.   The video was “user submitted” on zemtv.com on January 3, 2013 under the headline CCTV Footage of Indian diplomat Devyani Khobragade being strip searched By U.S Police. The video is online on Tune.pk, Pakistan’s video sharing website where it has 18.9K views, on DailyMotion where it has 123,011 views and on YouTube, where the video is no longer displayed but the following notice is up “Indian diplomat D…” This video is no longer available due to a copyright claim by Arup Bhattacharya.” Both videos are 1:10 minutes in length and appears to be the same footage.

Screen Shot 2014-01-04

Click on image to view the video on Tune.pk
(Warning: graphic images)

screen capture of YouTube video

screen capture of YouTube video

This alleged CCTV footage of Indian diplomat Devyani Khobragade’s strip search is a hoax.  It is ill-intentioned and could put Americans, particularly official Americans in danger.  Given that the Khobragade’s case has already spawned a good number of conspiracy theories, particularly in India, we don’t think that people will just accept it when we say this is a hoax. “Allegedly a hoax” is how the official denial that this video is a hoax is referred to in some parts of social media.

This is not/not “allegedly a hoax” but a real hoax. Nothing but video fakery and we’ve got proof.

The woman in the alleged Khobragade video is not/not the Indian diplomat but Hope Steffey, a U.S. citizen strip-searched by the Stark County sheriff’s department in Ohio in 2006.  The video was obtained by Ms. Steffey’s lawyer and released to the public in 2008 (See 12:44 minute video with Tom Meyer for WKYC-TV, Channel 3, Cleveland, OH)

The screen capture from a report by WKYC-TV (uploaded by a different YouTube user) shows the same woman on a blue mattress being strip searched.

Screen Shot 2014-01-04

Click on image to view video of Hope Steffey in the Stark Country jail in Ohio, 2008.
(Warning: Graphic images)

In June 2010, WKYC-TV reported that the settlement of the Hope Steffey lawsuit against Stark County Sheriff Tim Swanson, accusing his deputies of using brutal and excessive force resulted in the payment of $475,000. The total cost to Stark County to defend and settle the Steffey lawsuit was reportedly more than $705,000.  It also resulted in the insurance premium for the country county to dramatically jump from $34,261 in 2008 to $195,350 in 2010.

* * *

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.

 * * *

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.

* * *

Brazilian Diplomat Smuggles Bolivian Opposition Senator Out of La Paz, Big Boss Loses Job

— By Domani Spero

This weekend Brazilian diplomat Eduardo Saboia, the charge d’affaires of the Brazilian Embassy in La Paz, Bolivia reportedly smuggled Roger Pinto, a Bolivian senator and opponent of President Evo Morales out of the country using an embassy car escorted by Brazilian Marines.  According to Al Jazeera, the escorted embassy car traveled from La Paz to the southwestern Brazilian city of Corumba, a drive of some 22 hours.   Today, UK’s Independent newspaper reported  the resignation of Brazil’s Foreign Minister Antonio Patriota.  Apparently, the smuggling of the senator from La Paz to Brasilia was not approved by either country.  It also reported that Brazilian president Dilma Rousseff has accepted Mr Patriota’s resignation but immediately appointed him as head of Brazil’s UN delegation.  The head of Brazil’s UN delegation Luiz Alberto Figueiredo has now been appointed the new foreign minister.

U.S. Secretary of State John Kerry and Brazilian Foreign Minister Antonio Patriota share a toast before a working lunch in Brasilia, Brazil, on August 13, 2013. [State Department photo/ Public Domain]

U.S. Secretary of State John Kerry and Brazilian Foreign Minister Antonio Patriota share a toast before a working lunch in Brasilia, Brazil, on August 13, 2013. [State Department photo/ Public Domain]

 Via Al Jazeera:

Eduardo Saboia, the Brazilian charge d’affaires in La Paz, revealed earlier on Monday that he helped Roger Pinto, a Bolivian senator, escape to Brazil after he was holed up for 15 months in Brasilia’s embassy in the Bolivian capital despite having been granted asylum.

Pinto, an opponent of Bolivian President Evo Morales, made his escape Friday in an embassy car escorted by Brazilian marines, driving 22 hours to the southwestern Brazilian city of Corumba, 1,600km from La Paz.

“I chose life. I chose to protect a person, a persecuted politician, like [Brazilian] President Dilma [Rousseff] was persecuted,” Saboia told Globo television on his arrival in Brasilia, where he was recalled for consultations.

He said he made the personal decision to help Pinto escape “because there was an imminent threat to the life and dignity of the senator.”

Saboia said Pinto was suffering from depression and was contemplating suicide.

The Bolivian government views Pinto as a fugitive from justice after he was accused of corruption, for which he was sentenced to a year in prison.

He sought refuge at the Brazilian embassy last year, claiming to be a victim of political persecution after he denounced alleged cases of corruption and alleged links between authorities and drug traffickers.

His case strained relations between La Paz and Brasilia. Morales last year said Brazil’s decision to grant Pinto asylum was “a mistake”.

In La Paz, David Choquehuanca, Bolivian foreign minister, expressed “deep concern over the transgression of the principle of reciprocity and international courtesy”.

Read in full:   Brazil’s top diplomat quits over Bolivia row.

Also this:  Diplomatic war erupts after Bolivian senator flees to Brazil.

We’re waiting for Bolivian President Morales to announce soon that he will close the Brazilian embassy in La Paz. Because of the yanquis. Wait, wait — still trying to connect the dots; it’s there somewhere.  It looks like diplomat Eduardo Saboia shared a toast with Secretary Kerry. Oh, my lord, what were they whispering about?

👀