Indian diplomat reindicted for visa fraud

An Indian diplomat whose arrest in New York caused an international stir has been reindicted on U.S. visa fraud charges, prosecutors announced Friday.

The new grand jury indictment essentially reinstates charges against Devyani Khobragade relating to the employment, treatment and low pay of her then-housekeeper at a Manhattan apartment. 

"Khobragade did not want to pay the victim the required wages under U.S. law or provide the victim with protections against exploitative work conditions mandated by U.S. law (and widely publicized to foreign diplomats and government officials)," the indictment, released Friday, states. It also alleges that the diplomat lied about the housekeeper's wages while obtaining a visa for the Indian-born worker. 

Prosecutors allege that Khobragade made Sangeeta Richard work 100-hour weeks at a salary of just over $1 an hour, far below the legal minimum U.S. wage of $7.25 an hour.

On Wednesday, a judge dismissed the previous indictment for reasons of diplomatic immunity, but left the door open for federal prosecutors to revive the case. They argued that the indictment should stand because Khobragade did not have diplomatic immunity either when she was arrested or now that she has left the country.

Khobragade’s lawyer had no immediate comment relating to the reinstatement of charges. The accused is now back in India, and it is unclear when, if ever, she might appear in court in New York.

Khobragade's initial arrest and subsequent strip search provoked an outcry in India, setting off reprisals against American diplomats and the removal of some security barriers near the U.S. Embassy there.

It also led to the postponement of trips by U.S. officials and business executives to India, with which Washington was working to strengthen ties.

But U.S. marshals said Khobragade was treated no differently than others who are arrested, and U.S. Attorney Preet Bharara said she indeed was afforded courtesies most Americans wouldn't get, such as being allowed to make phone calls for two hours to arrange child care and sort out personal matters.

Bharara, who is himself Indian-born, also said Khobragade wasn't handcuffed, restrained or arrested in front of her children and was given coffee and offered food while detained. He questioned why there was such a furor over what Khobragade experienced but "precious little outrage" over how the housekeeper was allegedly treated.

Still, many in India saw the arrest as deeply disrespectful. Indian officials also said the housekeeper had tried to blackmail the diplomat; Richard's advocates disputed that.

Safe Horizon, an anti-human-trafficking group that represents Richard, said earlier this week it hoped Khobragade would face a new indictment, calling the case "a tremendous opportunity to demonstrate our nation's commitment to fighting exploitation of workers."

After being indicted the first time, Khobragade complied with a State Department order to leave the United States. The Indian government then asked Washington to withdraw a diplomat from its embassy in New Delhi, and the U.S. complied.

Khobragade, 39 at the time of her arrest on Dec. 12, is now working for India's Foreign Affairs Ministry in Delhi, having left the U.S. in January, according to her lawyer.

Al Jazeera and wire services