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Old 01-22-2014   #101
jmm99
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Default Summary of Case Filings - Part 2

Defendant's Motion and Memorandum of Law - in three parts because of SWC limits on file size; and Arshack Affirmation.

See four files attached

Arshack's Motion is interesting.

Regards

Mike
Attached Files
File Type: pdf 1.14.2014 Affirmation Arshack.pdf (55.5 KB, 125 views)
File Type: pdf 1.14.2014 Dft's Memo of Law 1-5.pdf (129.3 KB, 260 views)
File Type: pdf 1.14.2014 Dft's Memo of Law 6-10.pdf (126.8 KB, 169 views)
File Type: pdf 1.14.2014 Dft's Memo of Law ex.pdf (125.8 KB, 114 views)
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Old 01-22-2014   #102
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Default Summary of Case Filings - Part 3

Notice of Motion; correspondence and hearing schedule - attached.

Regards

Mike
Attached Files
File Type: pdf 1.14.2014 Notice of Motion.pdf (44.5 KB, 96 views)
File Type: pdf 1.17.2014 Kramer Ltr & PO 01.pdf (47.9 KB, 136 views)
File Type: pdf 1.17.2014 Kramer Ltr & PO 02.pdf (47.9 KB, 114 views)
File Type: pdf 1.17.2014 Arshack Ltr - DC End Order.pdf (54.7 KB, 162 views)
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Old 01-22-2014   #103
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Default Biswas Case - SDNY

This is a case with quite different facts from "Maid Gate". In Biswas, the alleged acts of an East Asian student and an East Asian teacher turned the life of a South Asian student upside down.

See attachments.

Regards

Mike
Attached Files
File Type: pdf Biswas Dkt Rpt 2ndCA 1.22.2014.pdf (12.4 KB, 146 views)
File Type: pdf Biswas Dkt Rpt SDNY 1.22.2014.pdf (76.8 KB, 147 views)
File Type: pdf Biswas SDNY Opinion & Order 9.30.2013.pdf (188.8 KB, 516 views)
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Old 01-28-2014   #104
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Default A Detailed Indian Perspective

The following was posted at Military Photos by SAM90 in this thread, USA - INDIA Diplomat Row Exposed. This is a very common position held by many Indians regarding the Khobragade case (emphasis as in original):

Quote:
USA - INDIA Diplomat Row Exposed

In their zeal to raise the minimum wage, political special interests appear to have used the State Department to conduct a high-profile antic that has now backfired very badly. In addition to damaging America’s reputation, it will also deny many poor people (relatively) lucrative employment and opportunities, for their level of education and achievement. The apparent absence of oversight and guidance at both the White House and the State Department should alarm every American and friend of America. The events unfolded so far reveal a sordid tale:

Maid who is Desperate for American Citizenship:

The conspiracy to spirit out Richard included the following senior US embassy officials who all employed Richard’s immediate family (mother-in-law and father-in-law) over a period of at least 10 years In New Delhi:

1. Current Assistant Secretary for Democracy, Human Rights, and Labor, Uzra Zeya in Washington (former deputy ex secy to former Secy of States Condie Rice and Hillary Clinton, Counselor in Delhi from 2009-11 (Pakistani immigrant Parents Daughter She Played very important role converted case in to Human Trafficking which was dropped later due to contradictory proof Revelations , First Employed Maids-in-laws during New Delhi Posting )

2.Timothy Haley (Counsellor, Regional Security Office) and his wife Joyce Haley (Consular Section) worked in Delhi from 2011 onward

3. Wayne May (Chief of Diplomatic Bureau of Security) and Wife Alicia May (community liaison) in Delhi.He Evacuated family of Maid in india Maid's in-laws worked for them. (Added: Jan 21, 2014) (Expelled by Indian Government)

4. Geoffrey R. Pyatt, US Ambassador to Ukraine, when he was posted in Delhi from 2002-2007 as Minister Counselor.

Starting in 2012, the family of an Indian chauffeur in the US Embassy in New Delhi, appears to have been incited to participate in an elaborate scam.

The diplomat, Dr. Devyani Khobragade, is a living counter to many stereotypes. Born in a so-called “Scheduled Caste” family, she is the daughter of a man who started life as a manual laborer, and retired as one of India’s top officials in the competitive Indian Administrative Service. Before coming to the US she Studied Medicine Achieved Degree of medical doctor then She passed IAS exam with All India Rank 7th (One of the toughest exam in world/India), voluntarily asked post in Pakistan and Afghanistan, hardly a posting for anyone who shirks tough assignments!

The scam was apparently orchestrated through the US Embassy in New Delhi, to raise a high-profile ruckus about “Modern Slavery of Domestic Employees”, timed to resonate with the pompous White House release of the Domestic Worker initiative.

They got the maid to violate her employment contract, leading the Indian government to alert the US that she was heading to be an illegal alien.


An Indian court ruled against the maid, and India asked the US to help find her so that she could be repatriated to India as the law required.

The State Department then appears to have got the maid to file a complaint of mistreatment, based on blatantly misread/misused readings of visa forms filed by her and her employer.

The Embassy official, chief of the Bureau of Diplomatic Security (BDS) and his wife violated their privileges in obtaining “T” (human trafficking) visas for the Indian family, and whisked them to America – in blatant violation of the due processes of Indian law.

His BDS associates in the US framed criminal charges, and got the New York Federal Marshals to conduct a completely needless, aggressive arrest of the diplomat in front of her children’s school, then proceeding to watching into her cavities in custody before she could be bailed out for whooping 250,000 $ Bail –and the fact widely publicized. (The super cop Jakie Neal, 40 years old, chased down a 19 year old girl, handcuffed her and raped her in the back of a police car , And he got arrested and was out on bail for a princely some of $20,000. The Deputy Counsul General of India - then Acting Counsul General - of India gets picked up on dubious visa fraud charges in front of her daughters school and is "processed" with cavity searches and then released on $250,000 bail.)

Immunity:

Geeky Indian officials Find out That She had Diplomatic Immunity as “Adviser to UN” so in short American Violated Vienna Convention , their Consular immunity idea was good but they didn’t work hard to look out for any other kind immunity she had.

American Diplomat violate Indian wage laws :

American Diplomat pay Peanuts to their Indian employees. India requested details on how the US Embassy pays and treats Indian employees. Not surprisingly, the Embassy is foot-dragging on that and discussing legal Advice from Washington and still after 2 month no submitted details .

Housewife Scam of American Diplomat : One Account Two Salaries

- We now see that the American Embassy School on the Embassy premises, has been deliberately and systematically violating both visa and tax laws for decades. Indian officials have cited this as “institutional fraud” and I cannot fault that description.

Administration of School Given Handouts to Couple Employees to Write "Housewife" instead of working and get one bank account for Salary of two People

-This is Multi-Million Dollar Scam of School which Charges 20000 $ per year Fees per year - Rival to Top Private School in Newyork and Washington According to Nytimes Report.

Making Money out of Duty free goods:

For Years American diplomat Misusing Facilities given by Indian Government , Government offered duty free imports from America for their use And American embassy started smuggling they hosted A full Market inside embassy for Whole World and Selling Duty free goods to other Embassies and non-diplomatic People .

Fraud case of Visa Fraud on Indian Diplomat :

The Visa Fraud charges filed by Preet Bharara are itself fraud , US attorney Charged with Indian Diplomat for Lying on Form of Maid , which was filled and Signed by maid by saying that form is filled by Diplomat From Same Computer IP (Ludicrous Charges). Rules say Only Person Responsible for form is only who filled and signed it .

Public Presentation Created that She lied on her Visa form but actually it was maid .

Settlement Offer:

After whole FUP and Controversy Mr. Preet Bharara offered her “ 1$ settlement “ but Indian Government Refused to Accept any Criminal charges on Indian diplomat not even if it’s 1 $ settlement then State department had no choice they offered her immunity and she left country .

Racist Facebook comments :

A Facebook search conducted by Indian or American kids then revealed the shockingly offensive racist, bigoted and gratuitous public postings by Wayne may and his wife and the BDS official Who did tax Fraud to Bought tickets of Maid's family . India quickly declared the BDS official persona non grata and allowed him to escape. A senior US Congressman has described the couple’s actions as “offensive and moronic”.

Finally :

US Embassy is involved in Visa fraud.

It is also involved in tax evasion.

It is also involved in FEMA violations.

It is running commercial establishments without seeking licenses under various local laws such as Shops and Establishment Act, Delhi Education Act, Fixation of fees and stipulations of Delhi Govt reg. admission of local students etc.

Labour Laws and Wages Act, EPF and ESIC regulations are violated.

Work Permit rules are violated.

Furnished false information on Visa documents.

No wonder they are caught in their own games with their pants down. Now they delay in giving information. What happened to law abiding nature of theirs and their declaration by Harf baby that they follow local laws.

Now India Thanking to American State Department for Exposing So many Scams.

Well, well, well just look how the cookie crumbled....I would love to see the expression on the face of Indian geniuses sitting in foggy bottom who would have been rubbing their hands in glee when Diplomat was arrested; and oh! the sermonizing...telling pagan Indians from third world country about equality before law and fairness and all that...and who can forget the transformation from Arrogant to condescending tone of the SD spokeswoman Bimbo Baby Marie Harf .

Sooner or Later you will Hear Case Dismissed.

What exactly Diplomat paid to maid here in Document !!!!!!!!!!!! -

Dailymail.co.uk Published this bellow document.


Consider this in light of the posts previously made here.

Regards

Mike
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Old 02-01-2014   #105
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Default USG Memo of Law & Exhibits Parts 1-5

Regards

Mike
Attached Files
File Type: pdf USG Memo of Law 01-08.pdf (161.0 KB, 397 views)
File Type: pdf USG Memo of Law 09-15.pdf (171.6 KB, 154 views)
File Type: pdf USG Memo of Law 16-22.pdf (180.9 KB, 138 views)
File Type: pdf USG Memo of Law 23-30.pdf (180.8 KB, 664 views)
File Type: pdf USG Memo of Law 31-34.pdf (113.2 KB, 121 views)
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Old 02-01-2014   #106
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Default USG Memo of Law & Exhibits Parts 6-10

Regards

Mike
Attached Files
File Type: pdf USG Memo of Law 50-58.pdf (166.0 KB, 97 views)
File Type: pdf USG Memo of Law 59-63.pdf (141.8 KB, 152 views)
File Type: pdf USG Memo of Law 64-66.pdf (186.8 KB, 100 views)
File Type: pdf USG Memo of Law 67-69.pdf (195.1 KB, 99 views)
File Type: pdf USG Memo of Law 70-71.pdf (142.9 KB, 102 views)

Last edited by jmm99; 02-01-2014 at 08:09 AM.
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Old 02-01-2014   #107
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Default USG Memo of Law & Exhibits Parts 11-12

Regards

Mike
Attached Files
File Type: pdf USG Memo of Law 72-78.pdf (110.6 KB, 105 views)
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Old 02-01-2014   #108
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Default

BIG BROTHERLY POSTURING
http://www.telegraphindia.com:8080/1...p#.Uu0wiPmSzKc
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Old 02-06-2014   #109
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Thumbs up Personal Update - Vacation Time ?

A spirited time is being had by all at Defence Forum India's thread, Indian diplomat arrested, handcuffed in US for visa fraud (my visit there starts at page 211, with many pages over and under the bridge since then).

As "they" say (whoever the hell "they" are - see the Wild Bunch (Youtube), in the desert after the failed town invasion), the saga continues. This virtual "foreign assignment" has been an enlightening learning experience.

Regards

Mike
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Old 02-08-2014   #110
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Default Deft's Reply to USGMemo of Law & Ex - Pt 1

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Mike
Attached Files
File Type: pdf 2.07.2014 Dft's Memo of Law 01-11.pdf (150.0 KB, 289 views)
File Type: pdf 2.07.2014 Dft's Memo of Law 12-17.pdf (95.1 KB, 217 views)
File Type: pdf 2.07.2014 Dft's Memo of Law Ex 18,23,46-47.pdf (161.9 KB, 155 views)
File Type: pdf 2.07.2014 Dft's Memo of Law Ex 19-20.pdf (145.8 KB, 167 views)
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Old 02-08-2014   #111
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Default Deft's Reply to USGMemo of Law & Ex - Pt 2

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Mike
Attached Files
File Type: pdf 2.07.2014 Dft's Memo of Law Ex 21-22.pdf (113.5 KB, 147 views)
File Type: pdf 2.07.2014 Dft's Memo of Law Ex 24-25.pdf (84.4 KB, 155 views)
File Type: pdf 2.07.2014 Dft's Memo of Law Ex 26-29.pdf (118.4 KB, 163 views)
File Type: pdf 2.07.2014 Dft's Memo of Law Ex 48-51.pdf (150.9 KB, 148 views)
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Old 02-10-2014   #112
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JMM99

Some more exciting time for you here:
US diplomat in Mumbai pays his Filipina maid less than $3 per hour
http://defenceforumindia.com/forum/f...-per-hour.html
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Old 02-10-2014   #113
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Default Aw, Ray, Enticement Will Get You Nowhere

Quote:
Some more exciting time for you here:
US diplomat in Mumbai pays his Filipina maid less than $3 per hour
Besides, that story was linked and quoted by @aerokan in this DFI post; which I read - and didn't reply to; as I also haven't responded to numerous stories and comments which are not directly material to the SDNY Khobragade case itself. Not within my rules of engagement, old boy.

Despite keeping a fairly disciplined limit on what areas I address and what areas I do not, I've read all of the comments (many emotive; which didn't surprise me at all) with interest. Take this one from @Happy (an otherwise reasonable, moderately nationalistic person):

Quote:
Now is the time to go for the kill. Demand full and unconditional apology while maintaining strict reciprocity. High time Indian SC takes cognisance of atrocities committed by US embassy and start issuing warrants suo moto.
Nothing that I wouldn't expect from a patriotic Indian national; but I'm not that, am I ?

Thank you again for extending the invitation.

Regards

Mike
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Old 11-08-2014   #114
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Default Indo US relationship

Quote:
NEW DELHI: Veteran US Diplomat and Pakistan expert Robin L Raphel, whose is currently being probed on espionage charges by American security agencies, encouraged creation of separatist Hurriyat Conference in Kashmir and often forced Delhi to hold dialogue with Islamabad even when bilateral ties were low, according to Indian officials who worked with her during the past two decades.

Raphel (67), remained Americas advisor on Pakistan, even after she left US State Department's South Asia Department's South Asia Department in June 1997 and also her retirement. However, it was during the turbulent nineties when insurgency was at it's height in Jammu and Kashmir that Raphel made headlines here as a India baiter.

Government officials, who dealt with Raphel in 1990s and also in past decade but did not wish to named, told ET that she was responsible for creation of Hurriyat Conference in Kashmir in 1993 whereby making them as a stakeholders even as India has always maintained that it was bilateral issue between Delhi and Islamabad.
Indian government officials no doubt are elated in private about the action against Raphel. "This is an interesting development. She has been extremely close to Pakistan. Her links in Kashmir runs deep," remarked a senior Indian official who did not wish to be named.

Another former Indian official who dealt with Raphel in 1990s and also during the decade of 2000, alleged that she was close to all separatist groups in Kashmir. "She went on to question the instrument of succession of J & kwith India and had stated that insurgency in the state was self sustaining. She was also close to Ghulam Mohammed Fai in US, an ISI conduit from Kashmir," the official recalled.

Raphel, former officials said, is known to maintain close links with Yasin Malik, leader of the Jammu and Kashmir Liberation Front. Besides, she is close to Mirwaiz Umar Farooq, the most prominent face of Hurriyat Conference. A former official, who was testimony to one such incident told ET that in 2005 Raphel accompanied then US Deputy Chief of Mission in Delhi for a meeting with the Indian government and tried to cajole the government to talk to Mirwaiz. The role of that US Deputy Chief of Mission in this episode also finds a mention in Wikileaks. The Modi government made it clear that it does not consider Hurriyat Conference as a stakeholder after Pakistani High Commissioner met the leaders ahead of the Foreign Secretary level talks.

Earlier when relations between Delhi and Islamabad had touched a low following the attack on Parliament in 2001 and both sides had lowered level of diplomatic engagement, it was Raphel who tried to force India to talk to the Pervez Musharraf government, another official recalled. T "She would go that extra mile for Pakistan often sidestepping our concerns," the official said, adding Raphel remained State Department's Pakistan adviser even after she retired from the State Department.

Few also took notice that Raphel was in Delhi in 2012 at the invitation of then US envoy to Nancy Powell. The former US ambassador, who herself made an unceremonious exit from Delhi this year, introduced Raphel as a personal friend of hers to the some of the officials in Delhi. In fact Powell had fixed meetings of Raphel in Delhi, an official well versed with the developments informed ET.

It was her characterization of Kashmir as "disputed territory", a first in the annals of U.S. diplomacy, made her quick friends in Pakistan. She in fact contributed in internationalising Kashmir issue, much to India's discomfiture. Her stance on Kashmir made her the bane of the Indian establishment that did not favour any interference of outside powers in a domestic matter.Kashmir was raised on the agenda in Bhutto's first state visit to Washington in April 1995.

Kashmir would remain a key topic of regional and bilateral discussions with both India and Pakistan throughout President Bill Clinton's two terms in office. Raphel was also close to Bill Clinton who pulled her out from post of Counsellor she was holding in the US Embassy in Delhi to make her Assistant Secretary of State for South Asia, a former diplomat recalled. She remained one of the most senior adverse of State Department on South Asia and Pakistan and was working with the State Department on renewable contracts. ..

http://economictimes.indiatimes.com/...campaign=cppst

After the collapse of USSR, India's relationship with the US, in quite a few fields, had blossomed and were being nurtured.

India clung to the Nehruvian socialism but it was the vision of Prime Minister Narashimha Rao that the shackles of socialism started being shown the door including the Nehruvian philosophy of Non Alignment.

While non Alignment was not discarded, Narashima Rao with great vision balanced the foreign equation by Looking East, befriending Israel openly and yet ensuring that the Arab nations were not displeased. He gave, a greater meaning to the US India relationship in a subdued way so as to not upset the apple cart in India drenched with Nehru's idea of the world.

Rao also loosened the stranglehold of socialism and the 'Licence Raj' by liberalisation and globalisation and that brought foreign capital into India, even if in a modest way.

Practical manifestation of US India Friendship and non hyphenation of India and Pakistan was set in motion by Clinton after the Kargil War. The Bush Administration gave it a real robust meaning to the Indo US strategic partnership with closer defence cooperation and getting the 'Nuclear deal' through the Congress, prompting a gushing PM of India to say - Mr Bush Indian love you!

Sadly, under Obama, the US India relationship has floundered and possibly has became a footnote in many ways.

The natural affinity and identification of Indian psyche with the US and democracy seems to have blurred thanks to the lacklustre attitude of the last Indian Govt under Manmohan Singh and Sonia Gandhi and the esoteric dabbling of the Obama Administration mindset; almost as unproductive as Nehru's high faluting morality that had no strategic meaning excepting isolating India from the global realities.

Yet, the worm turned through the triumphant visit of the new PM Modi to the US that has raised hope that the US India relationship would once again be on even keel and be more stronger.

India and the US have common strategic concerns. To that extent, Modi's visit to Japan indicates a commitment to the US Asia Pivot plan, though it is still to fructify in concrete terms. And the Obama Administrations pussyfooting and vacillations bring no hope.

Worthy of note is that India on it own terms is facing China. It is no longer kowtowing to the Chinese demands. The latest being the brush off of China's protest to India for developing the infrastructure along the Line of Actual Control and going ahead in equipping and training the Vietnamese Armed Forces and exploiting in South China Sea that is of Vietnam, even if it is disingenuously claimed by China with its conjured nine dashes line.

There is no doubt that India or the neighbouring nations of China cannot solely contest China solely on its own even though India is capable of holding China and stopping it in its track. Such is the might and such is the resolve of new India under Modi.Yet, it is in interest of the US to assist those who can help the US to keep her own and their strategic interest going and healthy.

However, the moot point is that the US has to build confidence that it means business.

None can complain that the US has to balance her interests by engaging all countries that affect her national interests as she cannot complain about the same of others.

However, one cannot be double faced. It ruins the confidence of the actuality of intent.

No country will forgive any other extending the hand of friendship and working behind the back to encourage its chaos.

Raphael and Nancy Powell symbolises that duplicity as can be gleaned from the article.

US strategic interest should be of prime concern to the US, which still clings to the status as the leading power. In today's change geopolitical and geostrategic environment, it is amply clear that it cannot do it alone as before, as was evidently proved during the Iraq War II.

Therefore, US cannot afford to lose friends and well wishers.

If the US thwarts India, then Russia maybe willing to step into the void since it is already beleaguered and is desperately trying to find its place in the sun.

That would surely not be in the best interests of the US.
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