Exploitation of employee or blackmail of employer? (Khobragade case) - Page 15

Originally posted by: return_to_hades

The Adarsh scam would be relevant because it entails her history of fraud for self gain. Fraud for self gain is the center of this case. Just like the party with which US diplomatic rows have taken place in the past have been considered irrelevant, the parties against which Devyani committed fraud would be irrelevant.

And we have checked and verified the history of Ms Richards to consider her clean. Adarsh scam has mentioned her name , there is no judgement against her or an indictment otherwise she won't be a govt official. Nor have this taken place.

I'd prefer the take each situation individually and assess the current pro-cons rather than try to bring past examples. But the floodgates have already been opened.

As for why the Richards family was flown out, I have already explained why the fraud against USA took place first and India holding the Richards back would be interference in US law.

Wrong and again assumptions. According to the legal statements and documents submitted, Mr Richards ran in June . A case against her was filed in Indian court in June and she responded to it in July. Check again the litigations run against the family over 9 months before she even ran away. So yeah it was US interfering in the Indian law.

I think by giving the "terrorist" example you are again committing the fallacy of viewing blanket situations rather than specific situations. A country would be in the wrong if they extracted a terrorist and saved them from conviction. A country would be in the neutral if it extracted a wrongfully accused and saved them from execution. Historically, people have sought asylum from other nations when the government victimizes them. In unstable nations when one party takes over, they persecute and run an inquisition against opponents. People have sought asylum because governments turned against them simply because they spoke out. I actually ethically supported nations that gave Edward Snowden asylum because even though he broke US laws, NSA broke them first and conducted an unethical witch hunt against him.

Assess situations by the facts of the situation. Asylum is not wrong or write by a blanket standard. Interfering with legal proceedings is not wrong or right by a blanket standard.

In this case it is a tricky situation. From India's perspective, Indian courts filed the injunction against the Richard's first. Sangeeta Richards is conspiring against Devyani Khboragade. US is interfering in Indian legal matters. From US perspective, the fraud was committed first and it took time to investigate and file charges. Devyani Khobragade exploited Sangeeta Richards. India is interfering in US legal matters. I'd also contend that the first attempt at the alleged extortion took place in the United States and is related to a ongoing US case, so it is still a matter of US jurisdiction.

Originally posted by: K.Universe.

It's pretty simple actually. if yo udiscard for a moment Khobragade's allegations ("abscoding", "committed theft", "blackmailed" etc) and Richard's allegations ("long hours", "family threatened", "low wages", etc) what would be left is the fact that Khobragade lied on papers.

And seems like this is not the first time she did it, making her a compulsive liar.

Originally posted by: charminggenie

The question is has US overstepped the diplomatic boundaries and acted in haste and disregarded India's International status.

@Genie - I never said Sangeeta Richards is clean. Where did you find Sangeeta Richards was involved in the Adarsh scam? As far as I know the case was against Devyani Khobragade, her father and several others.

I know very well that the case against the Richards has been going on in India for a long time. My contention is that the fraud occurred first. If Devyani Khobragade brought Sangeeta Richard to USA in November 2012, then the fraud and misrepresentation against USA was committed well before the injunction by the US court. The second contract was signed in USA with both parties in USA with USA granted visas. Sangeeta Richards contacted Devyani for compensation, new passport etc in USA, within New York jurisdiction. All these actions are linked to the fraudulent visa app. Now I am no legal expert, I don't know what takes precedence timeline of occurrence or actual filing of charges. Or maybe legally both have to be held as distinct cases and one or the other countries judicial rights get violated. I think in the whole legal standing at least some merit has to be given to US right to prosecute a person who committed a fraud against them and exploited an employee on their soil under their laws.

On a side note I am curious if the Indian government was aware of the dual contracts. If so it is quite careless of them to not transfer Devyani outside USA. Most nations will simply transfer employees if there is a risk of anything iffy.

Originally posted by: return_to_hades

On a side note I am curious if the Indian government was aware of the dual contracts.

Originally posted by: K.Universe.

But, Genie, how exactly will this so-called status elevate if they are drawing attention to themselves in the wrong case defending the wrong person? Considering the neighbors that India has, is it in her best interests to jeopardize whatever goodwill it has generated with US in the past decade or so, aggravate the situation like a petulant child and keep demanding an apology and turning up the rhetoric in the process? Do they really think that this amount of bad taste and bitterness will subside anytime soon?

Originally posted by: souro

What is the use of having a so called partner who is so aggressive against India that they are hell bent on disrespecting the representatives of India time and again. That's the mark of a hostile nation not a partner or a friend.

Originally posted by: K.Universe.

Good question. I am not aware of dual contracts either, even though, I am aware of duality :)