Arrest warrant issued against Khobragade in US visa fraud case

March 15, 2014

Khobragade
New York, Mar 15: An arrest warrant was today issued against Indian diplomat Devyani Khobragade on visa fraud charges after her fresh indictment by US prosecutors who accused her of “illegally” underpaying and “exploiting” her domestic maid.

39-year-old Khobragade, who was arrested in New York on December 12 and has since been transferred to the Ministry of External Affairs in New Delhi, faces arrest if she visits the US where her husband and two children are staying.

Following the fresh 21-page indictment, US Attorney in Manhattan India-born Preet Bharara said in a letter to US District Judge William Pauley that an “arrest warrant was also issued today” against the diplomat and that the government “will alert the court immediately upon the defendant's arrest so that an appearance” before the judge may be scheduled.

The new charges, which came two days after a US court dismissed an earlier indictment on Wednesday, accused her of visa fraud and making false statements about the visa application of her maid Sangeeta Richard.

The indictment states that the diplomat “knowingly made” multiple false representations and presented false information to US authorities in order to obtain a visa for a personal domestic worker.

The fresh indictment filed in a court in Manhattan also charges that Khobragade submitted to the US State Department an employment contract of her domestic worker which she knew contained “materially false and fraudulent statements.”

A grand jury had earlier returned a true bill on the two-count criminal indictment of Khobragade.

The indictment said, “Khobragade did not want to pay the victim the required wages under US law or provide the victim with other protections against exploitative work conditions mandated by US law.

“Knowing that if the US authorities were told the truth about the actual terms of her employment agreement with the victim, Khobragade would not have been able to obtain a visa for the victim, Khobragade decided to make false statements to the US authorities,” it said.

Khobragade was arrested on visa fraud charges and for making false statements regarding the visa application of her maid.

She was strip-searched and held with criminals, triggering a row between the two countries with India retaliating by downgrading privileges of certain category of US diplomats among other steps.

The diplomat has refuted the charges against her.

The indictment gives details of the employment contract that Khobragade entered into with her domestic help.

It states that the diplomat “illegally underpaid and exploited the victim.” It said she kept Richard's passport with her and told the maid that it would be returned once her three-year term of employment was completed.

It also states that “escalating efforts” were made by Khobragade and others “to silence and intimidate the victim and her family and lie to Indian authorities and courts.”

Bharara has submitted as exhibits a copy of the employment contract that Khobragade entered into with Richard that states that she will be paid $9.75 per hour salary and would be required to work for 40 hours a week.

Also submitted is a copy of the FIR filed in India in which Khobragade said she had agreed to pay Richard Rs 30,000 per month, contrary to what she had told the US authorities.

According to prosecutors, Khobragade claimed she paid the woman $4,500 a month, but actually paid her around $3 per hour and made her to work for more hours.

The indictment states that Khobragade knew the actual arrangement between her and Richard “violated US laws” and so she created a “fraudulent employment contract” and had the “victim execute it“.

“Because it was created by Khobragade solely to deceive the US embassy during the victim's (visa) interview,” the employment contract “included false statements” that made it seem as if the diplomat's arrangement with the “victim would comply with applicable US laws”, it said.

The fresh indictment comes after Khobragade got relief from US District Judge Shira Scheindlin who in her order on Wednesday dismissed the earlier indictment on grounds of diplomatic immunity and ordered that any open arrest warrants based on the earlier indictment should be vacated.

Scheindlin's order, however, did not bar federal prosecutors from bringing new charges against the former Deputy Counsel General in a fresh indictment in future.

Bharara said the new indictment was returned charging Khobragade in two counts with visa fraud and making false statements ... which as alleged in the indictment, were “undertaken to facilitate her exploitative employment of a household employee who was grossly underpaid and overworked.”

He further informed the court that “the government respectfully submits that time is automatically excluded from calculation under the Speedy Trial Act...which provides for the exclusion of any period of delay resulting from the unavailability of the defendant.

In this case, the defendant is unavailable because her “whereabouts are known but (her) presence for trial cannot be obtained by due diligence or (she) resists appearing at or being returned for trial.”

Khobragade's lawyer Daniel Arshack, who had said he was “heartened” when the previous indictment was dismissed, did not make any comment

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News Network
April 11,2024

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Real estate tycoon Truong My Lan was sentenced Thursday to death by a court in Ho Chi Minh city in southern Vietnam in the country's largest financial fraud case ever, state media Thanh Nien said.

It's a rare verdict - she is one of very few women in Vietnam to be sentenced to death for a white collar crime, i.e. looting one of the country's largest banks over a period of 11 years.

The decision is a reflection of the dizzying scale of the fraud. Truong My Lan was convicted of taking out $44bn (£35bn) in loans from the Saigon Commercial Bank. The verdict requires her to return $27bn, a sum prosecutors said may never be recovered. Some believe the death penalty is the court's way of trying to encourage her to return some of the missing billions.

The habitually secretive communist authorities were uncharacteristically forthright about this case, going into minute detail for the media. They said 2,700 people were summoned to testify, while 10 state prosecutors and around 200 lawyers were involved.

The evidence was in 104 boxes weighing a total of six tonnes. Eighty-five defendants were tried with Truong My Lan, who denied the charges.

"There has never been a show trial like this, I think, in the communist era," says David Brown, a retired US state department official with long experience in Vietnam. "There has certainly been nothing on this scale."

The trial was the most dramatic chapter so far in the "Blazing Furnaces" anti-corruption campaign led by the Communist Party Secretary-General, Nguyen Phu Trong.

A conservative ideologue steeped in Marxist theory, Nguyen Phu Trong believes that popular anger over untamed corruption poses an existential threat to the Communist Party's monopoly on power. He began the campaign in earnest in 2016 after out-manoeuvring the then pro-business prime minister to retain the top job in the party.

 The campaign has seen two presidents and two deputy prime ministers forced to resign, and hundreds of officials disciplined or jailed. Now one of the country's richest women has joined their ranks.

Truong My Lan comes from a Sino-Vietnamese family in Ho Chi Minh City, formerly Saigon. It has long been the commercial engine of the Vietnamese economy, dating well back to its days as the anti-communist capital of South Vietnam, with a large, ethnic Chinese community.

She started as a market stall vendor, selling cosmetics with her mother, but began buying land and property after the Communist Party ushered in a period of economic reform, known as Doi Moi, in 1986. By the 1990s, she owned a large portfolio of hotels and restaurants.

Although Vietnam is best known outside the country for its fast-growing manufacturing sector, as an alternative supply chain to China, most wealthy Vietnamese made their money developing and speculating in property.

All land is officially state-owned. Getting access to it often relies on personal relationships with state officials. Corruption escalated as the economy grew, and became endemic.

By 2011, Truong My Lan was a well-known business figure in Ho Chi Minh City, and she was allowed to arrange the merger of three smaller, cash-strapped banks into a larger entity: Saigon Commercial Bank.

Vietnamese law prohibits any individual from holding more than 5% of the shares in any bank. But prosecutors say that through hundreds of shell companies and people acting as her proxies, Truong My Lan actually owned more than 90% of Saigon Commercial.

They accused her of using that power to appoint her own people as managers, and then ordering them to approve hundreds of loans to the network of shell companies she controlled.

The amounts taken out are staggering. Her loans made up 93% of all the bank's lending.

According to prosecutors, over a period of three years from February 2019, she ordered her driver to withdraw 108 trillion Vietnamese dong, more than $4bn (£2.3bn) in cash from the bank, and store it in her basement.

That much cash, even if all of it was in Vietnam's largest denomination banknotes, would weigh two tonnes.

She was also accused of bribing generously to ensure her loans were never scrutinised. One of those who was tried used to be a chief inspector at the central bank, who was accused of accepting a $5m bribe.

The mass of officially sanctioned publicity about the case channelled public anger over corruption against Truong My Lan, whose fatigued, unmade-up appearance in court was in stark contrast to the glamorous publicity photos people had seen of her in the past.

But questions are also being asked about why she was able to keep on with the alleged fraud for so long.

"I am puzzled," says Le Hong Hiep who runs the Vietnam Studies Programme at the ISEAS - Yusof Ishak Institute in Singapore.

"Because it wasn't a secret. It was well known in the market that Truong My Lan and her Van Thinh Phat group were using SCB as their own piggy bank to fund the mass acquisition of real estate in the most prime locations.

"It was obvious that she had to get the money from somewhere. But then it is such a common practice. SCB is not the only bank that is used like this. So perhaps the government lost sight because there are so many similar cases in the market."

David Brown believes she was protected by powerful figures who have dominated business and politics in Ho Chi Minh City for decades. And he sees a bigger factor in play in the way this trial is being run: a bid to reassert the authority of the Communist Party over the free-wheeling business culture of the south.

"What Nguyen Phu Trong and his allies in the party are trying to do is to regain control of Saigon, or at least stop it from slipping away.

"Up until 2016 the party in Hanoi pretty much let this Sino-Vietnamese mafia run the place. They would make all the right noises that local communist leaders are supposed to make, but at the same time they were milking the city for a substantial cut of the money that was being made down there."

At 79 years old, party chief Nguyen Phu Trong is in shaky health, and will almost certainly have to retire at the next Communist Party Congress in 2026, when new leaders will be chosen.

He has been one of the longest-serving and most consequential secretary-generals, restoring the authority of the party's conservative wing to a level not seen since the reforms of the 1980s. He clearly does not want to risk permitting enough openness to undermine the party's hold on political power.

But he is trapped in a contradiction. Under his leadership the party has set an ambitious goal of reaching rich country status by 2045, with a technology and knowledge-based economy. This is what is driving the ever-closer partnership with the United States.

Yet faster growth in Vietnam almost inevitably means more corruption. Fight corruption too much, and you risk extinguishing a lot of economic activity. Already there are complaints that bureaucracy has slowed down, as officials shy away from decisions which might implicate them in a corruption case.

"That's the paradox," says Le Hong Hiep. "Their growth model has been reliant on corrupt practices for so long. Corruption has been the grease that that kept the machinery working. If they stop the grease, things may not work any more."

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News Network
April 14,2024

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New Delhi: A 24-year-old student from India was shot dead inside a car in Canada's South Vancouver, the local police have said. The Vancouver Police in a statement said Chirag Antil, 24, was found dead inside a vehicle in the area after neighbours reported hearing gunshots.

"Officers were called to East 55th Avenue and Main Street around 11 pm on April 12 after residents heard the sound of gunshots. Chirag Antil, 24, was found deceased inside a vehicle in the area. No arrests have been made, and the investigation remains ongoing," the police said.

Chirag Antil's brother Ronit told reporters that Chirag seemed happy when they spoke on the phone in morning. Chirag later took out his Audi to go somewhere. That was when he was shot dead.

The Congress students' wing National Students' Union of India chief Varun Choudhary in a post on X tagging the Ministry of External Affairs requested for assistance to the student's family.

"Urgent attention regarding the murder of Chirag Antil, an Indian student in Vancouver, Canada. We urge the Ministry of External Affairs to closely monitor the progress of the investigation and ensure that justice is swiftly served," Mr Choudhary said.

"Additionally, we request the ministry to extend all necessary support and assistance to the family of the deceased during this difficult time," he said.

Chirag Antil's family is raising money through the crowdfunding platform GoFundMe to repatriate his body to India, local media reported.

Haryana resident Romit Antil, the brother of Chirag Antil, told CityNews that he was a kind-hearted person.

"My brother and I had a great relationship. We used to talk every day, day and night. I spoke to him last before the accident happened. He was kind of happy, he never had any issues or fights with anyone, ever. He was an extremely polite person," Romit Antil told CityNews.

Chirag Antil came to Vancouver in September 2022. He just finished MBA at University Canada West, and recently got his work permit.

Here are 5 facts about Chirag Antil

1.    Chirag Antil was a resident of Sonipat, Haryana.
2.    He was the youngest son of Mahavir Antil, a retired employee of the Sugar Mill Department of the Haryana Government.
3.    Chirag moved to Vancouver in 2022 to pursue higher studies at the University Canada West (UCW), in British Columbia.
4.    After completing his MBA, he started working at a company in Canada after getting a work permit.
5.    Chirag's brother Ronit shared in an interview that his younger sibling was a "kind-hearted" person. "I spoke to him last before the accident happened," he said and added that Chirag sounded "happy".

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