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 Indian
diplomat's claim of immunity challenged by U.S. prosecutors
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[February 01, 2014]
By Chris Francescani
NEW YORK (Reuters) — The Indian diplomat
whose December arrest led to a major international dispute holds no
immunity from U.S. prosecution and should continue to faces charges of
visa fraud, Manhattan federal prosecutors said in court papers filed
Friday.
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 Devyani Khobragade was arrested on December 12 on charges that she
lied to U.S. authorities about what she paid her housekeeper. She
was stripped-searched while detained in Manhattan federal
courthouse, which led to a diplomatic firestorm between India and
the United States that continued for weeks.
Manhattan U.S. Attorney Preet Bharara's office argues in the court
filings that Khobragade is a former diplomat and not immune from
prosecution.
Khobragade "currently enjoys no diplomatic status, and at the time
of her arrest, the defendant's position as a consular official gave
her immunity from prosecution for official acts only," assistant
U.S. Attorneys Kristy Greenberg and Amanda Kramer wrote.
As Indian officials demanded her release, Khobragade's New York
attorney argued that her status as a consular official granted her
immunity.
Khobragade was accredited as a member of India's mission to the
United Nations earlier this month, one day before she was indicted
and asked to leave the country.
The accreditation was part of a deal to allow her to leave the
country.
On January 14, with Khobragade back in India, her New York-based
attorney filed a motion asking a U.S. judge to throw out those
charges.
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In court papers, Khobragade attorney Daniel Arshack said that
diplomatic immunity granted to her by the U.S. State Department gave
her absolute immunity from U.S. prosecution, even for suspected acts
committed earlier.
(Reporting by Chris Francescani and Joseph Ax;
editing by Lisa
Shumaker)
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