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  • Khobragade, Devyani Govts 1.9.2014 Letter To Judge Scheindlin

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    The U.S. Attorney informs the judge that a grand jury has indicted Devyani Khobragade, a former Indian diplomat, on two counts of visa fraud and making false statements. Khobragade was recently granted diplomatic immunity and has departed the U.S. The charges will remain pending until she waives immunity or returns to the U.S. without immunity. Her absence from trial is excluded from speedy trial calculations due to her unavailability. The U.S. Attorney will notify the court if Khobragade returns without immunity so the prosecution can proceed.

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    Khobragade, Devyani Govts 1.9.2014 Letter to Judge S

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    Khobragade, Devyani Govts 1.9.2014 Letter to Judge Scheindlin

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    The U.S. Attorney informs the judge that a grand jury has indicted Devyani Khobragade, a former Indian diplomat, on two counts of visa fraud and making false statements. Khobragade was recently granted diplomatic immunity and has departed the U.S. The charges will remain pending until she waives immunity or returns to the U.S. without immunity. Her absence from trial is excluded from speedy trial calculations due to her unavailability. The U.S. Attorney will notify the court if Khobragade returns without immunity so the prosecution can proceed.

    Copyright:

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    Download as PDF, TXT or read online from Scribd
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    43 views2 pages

    Khobragade, Devyani Govts 1.9.2014 Letter To Judge Scheindlin

    Uploaded by

    OutlookMagazine
    The U.S. Attorney informs the judge that a grand jury has indicted Devyani Khobragade, a former Indian diplomat, on two counts of visa fraud and making false statements. Khobragade was recently granted diplomatic immunity and has departed the U.S. The charges will remain pending until she waives immunity or returns to the U.S. without immunity. Her absence from trial is excluded from speedy trial calculations due to her unavailability. The U.S. Attorney will notify the court if Khobragade returns without immunity so the prosecution can proceed.

    Copyright:

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    U.S.

    Department of Justice [Type text] United States Attorney Southern District of New York
    The Silvio J. Mollo Building One Saint Andrews Plaza New York, New York 10007

    January 9, 2014 BY EMAIL AND HAND DELIVERY The Honorable Shira A. Scheindlin United States District Judge Southern District of New York Thurgood Marshall Courthouse 40 Foley Square New York, New York 10007 Re: United States v. Devyani Khobragade 14 Cr. 008 (SAS)

    Dear Judge Scheindlin: The Government respectfully writes to advise the Court that earlier today, the grand jury voted on and returned the enclosed Indictment charging Devyani Khobragade, the defendant, in two counts with visa fraud and making false statements in violation of Title 18, United States Code, Sections 1546, 1001, and 2. There will not need to be an arraignment on the Indictment scheduled at this time. We understand that the defendant was very recently accorded diplomatic immunity status and that she departed the United States today. Therefore, the charges will remain pending until such time as she can be brought to Court to face the charges, either through a waiver of immunity or the defendants return to the United States in a non-immune status. The time between now and the time that she is able to be brought before the Court is excluded automatically under the Speedy Trial Act, pursuant to Title 18, United States Code, Section 3161(h)(3)(A), 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. 18 U.S.C. 3161(h)(3)(B).

    Hon. Shira A. Scheindlin, U.S.D.J. January 9, 2014 Page 2

    We will alert the Court promptly if we learn that the defendant returns to the United States in a non-immune capacity, at which time the Government will proceed to prosecute this case and prove the charges in the Indictment. Respectfully submitted, PREET BHARARA United States Attorney by: /s/ Amanda Kramer/Kristy Greenberg Assistant United States Attorneys (212) 637-2478/2469

    cc:

    Daniel Arshack, Esq. (by email)

    Enclosure

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