Devyani’s lawyer calls $4,500 salary charge an error, blames US for it - Hindustan Times

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Devyani Khobragade’s lawyer calls $4,500 salary charge an error, blames US for it
Yashwant Raj, Hindustan Times Washington, December 24, 2013 First Published: 08:59 IST(24/12/2013) | Last Updated: 15:22 IST(24/12/2013) Ads by Google Ceiling Grid Components www.alibaba.com - Find Quality Products from Verified Suppliers. Get a Live Quote Now!

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Indian diplomat Devyani Khobragade, whose arrest triggered a diplomatic row between India and the US, could not have promised her housekeeper a salary of $4,500 a month when that's about how much she earned herself, her lawyer said on Monday.

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A group supporting domestic workers' rights demonstrates across the street from the Indian Consulate General in New York. (AFP)

Daniel Arshack alleged that the investigators mistook the amount of $4,500 on Sangeeta Richard's visa application as her monthly salary, which, in fact, was her employer's salary. Mark Smith, the bureau of diplomatic security agent who processed the arrest and drew up the affidavit, "simply made an error" in reading Richard's visa form - the DS 160 - Arshack said. "He erroneously read the $4,500 a month salary entry on the form as the domestic worker's expected salary when, in fact, it was clearly a reporting of the base salary to be earned by the diplomat in the United States," said Arshack.

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That figure was mentioned in Richard's visa application only to assure US officials that Khobragade would be drawing enough to pay Richard the $1,560 a month promised to her in the contract submitted with her visa form, he added. Read: Sangeeta was exploited; wrong to blame her, says lawyer Read: Maid issue in India has a long and troubled history Read: The curious case of Indian housemaids of diplomatic staff In effect, the two documents gave two different numbers. The visa application had $4,500 and the employment contract submitted in support figured a sum of $1,560 - what was promised to Richard at $9.75 an hour, 40 hours a week, 4 weeks a month. The office of US attorney of the southern district of New York Preet Bharara, which is prosecuting the case, said it had no comments to offer on Khobragade's lawyer's allegations. The number $4,500 has long been a matter of speculation, with some claiming the diplomat had erroneously put her own monthly salary on Richard's application. Though Arshack put that theory to rest on Monday, he didn't explain how this number tracked with the sum actually promised and paid to the housekeeper - Rs . 30,000 a month. In a complaint filed in a New York federal court, Smith had alleged that Richard worked "far more" than 40 hours a week, and was paid less than $9.75 an hour. Read: Devyani's paperwork under review: US Read: Time to indulge US is over, India must keep it strictly reciprocal Read: A timeline of events emerging since the arrest of Indian diplomat
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In fact, the agent alleged, the housekeeper was paid even less than the amount that was promised to her in the oral agreement, the second contract: Rs . 30,000 at $3.31 an hour - roughly $570 a month but still $1,000 short. Arshack claimed Khobragade paid $570 "directly to her husband as per the second contract". "The balance of her income (about $1,000 per month) was paid directly to her in New York," the lawyer said, adding, "There was no money withheld from her." It wasn't clear, though how the lawyer's new line of argument would help Khobragade, who on Monday received her UN badge allowing her access to the world body's facilities. Read: US embassy paid for Sangeeta Richard's family's air tickets Read: Khobragade's transfer to UN mission won't save her, US tells India

Police detain a Kolkata student during a protest against the alleged ill-treatment meted out to Indian diplomat Devyani Khobragade in the US. (PTI)

The UN has forwarded her application to the US for an identity card that would give her full immunity unlike its truncated version she had as a consular officer at the Indian mission. To complete the transfer process, the US will also issue Khobragade a G-1 visa required by foreigners working at the US, from A-1 that is issued to regular diplomats. Khobragade's new assignment is that of a counselor handling political affairs at India's Permanent Mission, said a colleague, who did not want to be identified. HT Blog: Its open season for all on Devyani Read: US media deplores India's 'misplaced rage' Watch: Don't want US ties spoilt by one incident, says Khurshid

DEVYANI KHOBRAGADE

DIPLOMAT ROW

SANGEETA RICHARD

INDO-US RELATIONS

DANIEL ARSHACK

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Indians like to see their housekeepers as they see themselves. So it was Khobragade's income, not that much actually, of which she had to give a third to her maid, if not all? The point is what American diplomats earn abroad, I guess that will be more than Indian diplomats get. Indian diplomats in the US probably don’t get the same salary as described for American diplomats of her degree, how then to prescribe a salary for their personnel? Fine, the minimum wage in the US is $7.25, in India it is $0.28 an hour on which it is impossible to even leave the home in New York. Sangeeta Richard although was a member of the household, if not family – that's where the confusion arose. Devyani was like a mother to Sangeeta who was unhappy she couldn't go out on her own in a foreign city. Sangeeta in my view should in the very least have had some extra pocket money on a Saturday. There are also fewer plane crashes on a Saturday night.
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Gues t



an hour ago

Devyani should be punished, What was the need to sign two different contracts with the maid? Surely to get the visa on fabricated grounds.

It can only happen in a fair country like USA that servant & master are treated equally in the eyes of the law, & this job is done honestly by the law implementers. In here the power rules. No voice for poor people. Good on you USA.
4 1
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Hy poc rit e

Guest • an hour ago

As per Article 48 of the Vienna Convention a Consular Officer of the sending state (India) can hire a private servant at Social Security Norms of the sending state if the private servant is a citizen of the sending state. Devyani is actually free to pay as per Indian wages as well. We should not mix Adarsh scam so that US gets away with its bullying. Devyani and the maid had a verbal contract and also the 'second' contract was signed in India before flying to the US. The maid was free to disagree to the contract in India itself. This kind of cheating is rampant in Kerala from where the maid comes.
12 c it iz en


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2 hours ago

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Agreed...that the amount shown in the visa application is khobragade's salary; now does that justify that she should pay less to her domestic help...well, was the domestic help serving only 'khobragade'? What about the other members in the house...the husband! was she not doing household his chores as well? The husband is an american citizen...he should also be charged with underpaying the domestic help! was he not availing her services??? or is he just a parasite where his wife pays and he just enjoys the sevices without any responsibility and accountability?? while ms. khobragade is charged with visa fraud, the husband should be actually charged with paying less than the minimum wages. being the husband, isn't he part of the household?
8 1
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A naly s eA bhis hek

citizen • an hour ago

What a load of rubbish. I can argue that 1. Food 2. boarding in her 4BHK apartment 3. medical bills and 4. to-and-fro tickets from US to India should increase her "CTC" (An american term, btw) manyfold! Again, people like you are confusing issues. This is not about individuals like Devyani or Sangeeta. This is about US and India and respecting diplomatic conventions. Before becoming Jaichands and Mir Jafars we should understand what our action entails. The request by 64 Indian MPs to US about denying Modi a visa also fell under the same category. "We are so weak, Uncle Sam, please save us" Well if you don't respect your own sovereignty, no one else will.
4 S urinder S harma
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3 hours ago

Many multidimensional conspiratorial skeletons are tumbling by & by from cupboards of secrecy.which ultimately excruciatingly cornered Devyani Khobragade. Alleged discrepancies real or imaginary factual or tailor made are not at all comedy of errors as all these implied & lead to various very serious implications for Devyani Khbroagade. Every thing said & done ultimately all diplomatic political initiatives of USA regarding beleaguered Devyani Khobragade have reached rock bottom nadir of degradation. Some streamlined inbuilt mechanism must be evolved & put in place India & USA to address such eventualities in future as no distressed under duress rag tag stitching measure will patch the gaps accruing out of such unpleasant oddities.
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S ant os h S at pat hy



4 hours ago

Its the maid who put that sum while filing her visa application. The two contracts singed by Devyani finds no mention of the sum $4500. Can't say about Adarsh scam ,but in this visa fraud case Devyani got mistreated cause she was an Indian diplomat and no one takes us seriously forget US after ten years misrule by the UPA govt.
15 2
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S ant os h S at pat hy



4 hours ago

Its the maid who put that sum while filing her visa application. The two contracts singed by Devyani finds no mention of the sum $4500. Can't say about Adarsh scam ,but in this visa fraud case Devyani got mistreated cause she was an Indian diplomat and no one takes us seriously forget US of A after ten years misrule by the UPA govt.
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B rown A meric an



5 hours ago

Devyani deserves prosecution. She broke the law, she must be prosecuted. I agree 'strip' and cavity search should have been avoided. That was done to humiliate India. Indian Nationalism is misplaced. Indian Bravado is misconstrued. USA people do not think that Indians are equal to them, if they did they would not have called Native Americans, Original Americans, Only Genuine Americans as 'Indians' or would they?
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P avit hra

Brown American • 4 hours ago

Cavity/strip search is not to humiliate India from any angle. It is a routine in The USA, when a person gets arrested. It is to make sure the arrested person doesn't carry/hide any small-but-sharp items, harmful substance or the most famous - coke(a.k.a cocaine). Just because she is an Indian or a Diplomat, does not mean that a Country should change its stance for her. When we go to another Country, it is 'us' who should learn their culture/law, not the other way around.
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dinak ar2020

Pavithra • 2 hours ago

Pavithra First read what is "Immunity meant to Diplomats","Respect meant to Diplomats" in Foreign countries, They are not citizens of US, nor they are there to earn money in US. They are representing INDIA. INDIA would react the same way if it is Devyani or Some other Diplomat. Have you also read "How russian Diplomats treated in health Scam which is handled by the same Preet Bharara". Have you also read "How a CIA agent escaped murder charges in Pakistan dubbing him as a Diplomat in hush hush" No one is denying the charges on Devyani, But a diplomat representing a country(INDIA here) has to be well-treated when US Diplomats are treated well outside US. Thats an Honour on the country. Also read the comments made by Sangitha Richards Lawyer about INDIAN Judicial System, that "they have tried to silent herself and her family?", How do you take on account of the Government/Judicial System in INDIA. All these comprise, 1) A Diplomat is not a regular citizen, He has to be treated well. 2) A warning should be sent to INDIA seeking charges against a Diplomat. Bottom Line: They(US Federal Court) have summoned Sonia Gandhi to report by January. If she doesn't appear before their courts, will she be taken from INDIA? or Her VISA gets cancelled?
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Chola The Great es t

Pavithra • 4 hours ago

What nonsense are you talking about? No one is trying to say Devyani is an angel but why Amrika behaved liked a roadside thugs trying to sneak few dollars in the odd hours? How it helps the situation other than sending all wrong signals across Atlantic Ocean? I don't think slaves in US representing Amrika can even comprehend there is something called basic humanity. This maid seems to be a venomous traitor and capable of helping our enemies for few bucks….
15 A pollo


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6 hours ago

"the diplomat had by mistake put her own monthly salary on Richard’s application form." LOL ! indian "diplomat" could Not even fill up a simple form correctly.
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29

6 ins as 223
Apollo • 5 hours ago

Where is that written? The lawyer seems to be attributing the mistake on the US Investigators in the case who it is claimed made an error in the matter.
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A pollo 4

insas223 • 5 hours ago
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It is written in the article. some claim it was the "diplomat's" mistake.

BM

Apollo • 4 hours ago

US authorities should have picked up two different amounts, one in visa form and other in supporting document.
3 ins as 223


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6 hours ago

There are plenty of facts in the case that a good defense lawyer will get. The US case made bt the DA is made quite in haste and designed more as a high profile PR case than on substance.
5 1 BM
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insas223 • 4 hours ago

Why US authorities did not pick up two different amounts, one in visa form of $4500 and $1560 in the supporting document ? Seems to me that it was a very calculated move by US authorities, including paying Richards family air fares etc.
5 1
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ins as 223

BM • 4 hours ago

That a is point that many are asking. If the supporting documents of the sponsor was clear enough that she was not in a position to support the maid,then how dd the Visa authority in Delhi clear the application. Was any additional income declared or husband's income tagged? Lot of facts US is not revealing very clearly.
2 IB CD


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6 hours ago

do you think the Americans care about this stupid IFS officer or the other stupid people who are striving to make sure this IFS officer wiggles her way out of the mess she created. I am sorry the answer is NO. there r much bigger problems over here to deal with!!!!!!!!!!
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k uldeep s ingh



7 hours ago

Ya right so this is her lawyers defence. come on man, Do you really think that either of the two, the lady diplomat or the prosecuting team in the US of A will make such an error (knowing that it could turn out to be a big issue around the world between the two countries). Grow up and face the real world. The lady has cheated; deceived the US government by lying; thought that she would get away with it (with the Indian 'chalta hai' attitude) and did not succeed in it, now cried out that i have diplomatic immunity--> her father probably pulls some strings and they get her transferred to the UN mission. Everyone in India is trying to make it an issue so that they can show the people here that they DO NOT accept such high handedness from the US. It is indeed shameful to see that corruption has even come into IFS officers, the foreign ministry and secretaries etc! What could be more embarrassing for India? Shameful!
21 S phinx 3


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7 hours ago

Devyani has a habit of making errors, while signing on affidavits and forms. She did similar errors while applying for Adarsh Society flat and 10-15 other properties across India. Why we have such incompetent people as consulate? A person like her is a great threat to Indian immigrants who come for legal help at Indian Consulate.
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P hungs uk W angdoo 20 1

Sphinx • 7 hours ago

Hey hey. She's not being incompetent. She's being corrupt.
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S phinx

Phungsuk Wangdoo • 7 hours ago

Unfortunately, as a patriotic person, I have to support Indian Govt's lawyer. Otherwise I sincerely wish her 15 years in US prison for felony followed by 10 years in Indian jails for corruption in land deals. The minimum we should ask for her termination from Govt service with immediate effect, for such deliberate and grave error.
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P avit hra

Sphinx • 6 hours ago

Well said! And this will at least save the ties between the 2 nations, which is dangling in air, thx to Devyani!
13 S at y amvada


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7 hours ago

Fraud runs in the family and lying is genetic for this woman. Her father has passed all his chicanery to his daughter. It is surprising that all leaks and excuses are coming from her father!!! Ms. Gobarkhade is a serial offender habitual of lying to gain undue advantage. Sadly this crook is now caught in a country where her deeds will get punished. Ms. Gobarkhade is a shame for the Indian community in USA and she belongs in a prison.
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David Hawk s

Satyamvada • 2 hours ago

SC/ST at any level thinks that to do corruption and Frauds are their birth right, They are hardly hesitant to do, in case of complaints, they put the blame on people that since they are SC/ST so we are being harassed. The same thing this so called quota IFS father said on TV, had it been a non SC/ST would have been there, he/she would have been released immediately. this so called SC/ST also shown on TV garlanding Ambedkar photo. Is it a qualification or shelter or licence for these people to do any thing in India as well as in over seas. Shame on corrupt congress policies for vote bank.
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V erum P E TITOR

Satyamvada • 7 hours ago

How can you make such comments without knowing what is happening there?? And why does she belong in prison.......who are you to decide that? Maybe what is happening there is completely different from what picture is painted infront of us!!! Or are you one of those who pays their house help more than what you get paid??
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S at y amvada

Verum PETITOR • 4 hours ago

Please tell us what is happening with Ms. Gobarkhade, I am eager to know. She belongs in a prison on two counts in USA: first, she willfully lied on a visa app, and secondly and more important, she willfully and actively exploited the maid by paying her slavish wages and treating her like a slave. She belongs in a prison in India on two counts: first, she lied to get a flat allotted to her in the Adarsh Housing society; and secondly and more important, she possesses assets disproportionate to what she could have earned as an Indian Govt. employee paid by the Indian taxpayer. Please let us know what the true picture is - keenly awaiting. No, I do not pay my domestic help more than I earn - that would be financially suicidal and won't last long! I do pay my house help what is required per local laws and provide work conditions as prescribed. And, when I can not afford to do that, I do not employ domestic help and do the chore/task myself. I am not unique - that is how civilized people live all over the world including India. Ms. Gobarkhade is a serial offender and therefore indefensible. She does belong in a prison and most likely she will be there soon.

belong in a prison and most likely she will be there soon.
8 1
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Hy poc rit e

Satyamvada • an hour ago

As per Article 48 of the Vienna Convention a Consular Officer of the sending state (India) can hire a private servant at Social Security Norms of the sending state if the private servant is a citizen of the sending state. Devyani is actually free to pay as per Indian wages as well. We should not mix Adarsh scam so that US gets away with its bullying. Devyani and the maid had a verbal contract and also the 'second' contract was signed in India before flying to the US. The maid was free to disagree to the contract in India itself. This kind of cheating is rampant in Kerala from where the maid comes. Moving up the social ladder is important. But that should not be at the cost of others' careers.
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V erum P E TITOR

Satyamvada • 4 hours ago

I think your name is registered as the witness to all misdeeds by Ms Gobarkhade. You were present when she enslaved the maid and treated her like a slave making her work all day and paying her ridiculously small wages?? Did you check the maid's account details?? Ms Gobarkhade may be guilty....i am not saying she is innocent but you cannot go around saying that she deserves in jail n blah blah !!! I totally agree with your point when you said if she couldnt afford a maid as per the local laws she shouldn'd have.
5 1
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S at y amvada

Verum PETITOR • 4 hours ago

I may not be a witness but could certainly be a juror! :) Luckily I have not crossed roads with the crook Ms. Gobarkhade and my opinions are based solely on public information and common sense i.e. the filed indictment, published reports, public debate and my deep and personal awareness of the two countries involved here - with bias towards neither and love for both! So, to answer your question - no, I have not checked the maid's bank account, but I am more than sure that the investigators and the US Attorney have done that to be able to convince a Federal Judge to order her arrest! Ms. Gobarkhade is a serial offender and a crook who belongs in a prison - first in USA and upon her release in India.
5 1
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V erum P E TITOR

Satyamvada • 3 hours ago

Serial offender and a crook !!!! These words prove your insanity and stupidity!!! May truth prevail!!
2 Niranjan Des ai 14 jit ender s ingh
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Verum PETITOR • 6 hours ago

Adarsh scam is enough to keep her in jail.
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Satyamvada • 7 hours ago

So true, i support evry word here, She brought shame to indian, She must be thown out of IFS.
16 1
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P hungs uk W angdoo



7 hours ago

She always seems to have trouble filling up forms. She, as an illegal beneficiary of Adarsh Housing scam mentioned 1.8 lakhs an annum income; when the price of the apartment was 1.2 crore. Highly suspicious.
38 1
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S ant os h S at pat hy

Phungsuk Wangdoo • 4 hours ago

Its the maid who put that sum while filing her visa application. The two contracts singed by Devyani finds no mention of the sum $4500. Can't say about Adarsh scam

singed by Devyani finds no mention of the sum $4500. Can't say about Adarsh scam ,but in this visa fraud case Devyani got mistreated cause she was an Indian diplomat and no one takes us seriously forget US after ten years misrule by the UPA govt.
2 K A nil


2

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8 hours ago

In fact, this is what Devayani's father has been telling on the media all the time. Either none tried to ascertain this or there is no clarity on this.
12 3
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mx m123 30

K Anil • 8 hours ago
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Devyanis' father told the media that its a CIA plot. Do we need to investigate that also.

Niranjan Des ai

mxm123 • 6 hours ago

This retired fraud IAS khobragade knows lot more than he should! he must be connected to pakistan ISI.
2 ngrat na 3 1
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mxm123 • 7 hours ago
• Reply • Share ›

Should we not ?

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