We better get ready for at least one American arrest. Tax charges are so easy to prosecute. Americans dread tax audits. Even if they’ve tried being honest theres always some deduction that gets denied. Or you earned a few bucks with a side job. It seems likely an Indian investigation will turn up somebody thats been working and not reporting the income.
All right, let’s stipulate that the part of your post which I emphasized is correct. That Ms. Richards was signatory to two contracts, one for 9.75/hr plus overtime compensation, plus meals and lodging; the other, a contract to provide that out of that 9.75/hr, 30k IRS was to be deposited in an account in India in her name (presumably for the benefit of her family members still in India).
Has Ms. Khobragade been claiming that the remaining 80k* IRS per month had been paid to Ms. Richards up until the time she “absconded”?
(*my tablecloth calculation of the difference between 9.75/hr X 160 X 13 / 12 and 30k IRS)
It’s been implied in this thread that (perhaps even by you, although I’m not entirely sure) that this kind of arrangement was standard practice with domestics working for the consulate personnel.
If so, it’s odd that the current situation is the first time that any domestic noticed how strong that incentive was.
To say nothing of criminal charges in the United States, since she (in this scenario) had also perjured herself in her visa interview.
Both sides have some breathing room now. It seems both sides have a vested interest in finding a solution.
http://www.washingtonpost.com/world/national-security/devyani-khobragade-agrees-to-waive-indictment-deadline/2014/01/06/419effe6-770a-11e3-8963-b4b654bcc9b2_story.html
A question. Isn’t this a NY state court case? Or is it Federal? WP mentions a Federal court hearing.
I see now it is Federal charges under the Southern District of New York.
Federal.
ETA: As you now know. 
Thanks pravnik. 
I’m relieved that the prosecutor isn’t rushing the indictment. Both sides needs time to figure out a face saving solution. Escalating it will just make things worse. Thankfully India is holding back on any retaliatory charges while negotiations continue.
The judge denied the request. So the U.S. will get its indictment. I wonder what retaliatory charges will be filed against our staff in India? I’d bet there will be a tit for tat response.
http://in.reuters.com/article/2014/01/09/india-usa-diplomat-idINDEEA0801420140109
Please let me know when any US officials are involved in human trafficking, I will be the first to celebrate their arrest and punishment under international law.
India’s should have terminated her immediately for trafficking under their flag and lying under oath to US officials for personal benefit. That they defend her in any way is absolutely abhorrent.
Do you mean to say that India would fabricate charges against U.S. personnel just to create some sense of balance?
I think there was some discussion earlier in the thread about India turning a blind eye to certain violations by US staff in India (or their spouses). Where that appears in this ~500-post thread, I do not know. I also don’t believe it was cited.
Post #481 has a NBC link to investigations in India. Confirming Americans had permission to work and if local taxes were paid. I don’t know what they’ve uncovered but it seems likely they’ll find somebody that did something wrong.
The US is insistent on prosecuting their representative. Why should our people get a free pass?
They shouldn’t, but when this was discussed earlier, the implication was that India was going to make people do a bunch of paperwork because they were angry about the prosecution. Anyway the grand jury has indicted her.
They are reporting the US has granted her immunity and asked her to leave. The US saves face with the indictment and India gets her back. A win, win for both sides.
Perhaps this incident is over?
Why does the US need to save face?
Every time someone is acquitted in federal court, the US government just lost face. What’s wrong with losing face?
As for the India side, far from everyone there took Khobragade’s side, and I can’t see a danger of India turning into a US adversary.
If any US diplomats appear to be abusing their servants, they should not be given the free pass the US just gave Devyani Khobragade.
This isn’t to say that Devyani Khobragade is guilty beyond a reasonable doubt. We’ll never find that out because the US government caved to pressure.
The US took a firm stand on the law requiring Diplomats and Consulate staff to pay their domestic help minimum wage. I’d hope changes are already being made to comply with US law.
No it didn’t. We unnecessarily accepted the Indian government’s attempt to short-circuit justice by promoting her to be a UN diplomat, with immunity, after her arrest. You could say we are being firm in expelling her from the US, but that looks to me more like an attempt to sweep the problem away. And it’s a ridiculous one, since, as I interpret this next link, once she touches base in India, she is (if OK with her bosses) free to return to New York, on the next plane, to resume her UN job and treat her new servant however she likes.
Now, it may well be that she won’t be back anytime soon. I can’t believe Manmohan Singh, who stands out above other politicians with his reputation for incorruptibility, decency and kindness, likes being a defender of servant abuse. However, if the next PM is Narendra Modi, she could easily find her way back.
Firmness would have been going to trial. If convicted, firmness would have meant jail, although I prefer probation over prison whenever remotely reasonable.
Why should they do that when, with our help, they just made a mockery of our law?
Also, realistically, many feel a need for a servant, and they cannot afford to pay the minimum wage.
If you are going to offer low pay, you damn well better compensate with great working conditions and respectful treatment.
The US Attorney in New York isn’t searching out labor law violations among consular officials, and I think that’s reasonable. But if a credible complaint, from a miserable servant, comes into their office, it should be taken more seriously than happened here.
Agree
with PhillyGuy, once you stand up for something, you should not back out.
From my point of view, the apology didn’t come and we haven’t yet thrown
one of theirs in the lock up and subjected to custodial
harrassment. But the disappointing indian government would be satisfied
with this outcome only.
I have implied no such thing. However, it’s not the first time that this has happened. This is apparently the third incident of Indian diplomats being asked to pay damages in the past few years. There have also apparently been plenty of incidents with other country’s missions.
I would be gobsmacked at the stupidity of the Indian diplomatic establishment, but I have never been under any illusions about the effectiveness of my government’s systems/officials.