Bharara submits to court contracts signed between Devyani, maid

Manhattan’s top prosecutor Preet Bharara has submitted to a federal court here two employment contracts signed between Devyani Khobragade and her domestic help Sangeeta Richard, showing different salaries to be paid to Richard, as a proof that the Indian diplomat had made false statements to US authorities to obtain a visa for her.

As a grand jury indicted 39-year-old Khobragade on charges of visa fraud and making false statements, Bharara submitted seven documents with the federal court in Manhattan.

One of these exhibits is the employment contract signed between Khobragade and her domestic worker Sangeeta Richard on November 11, 2012, that was submitted with the US Embassy when Richard went for her visa interview.

The contract states that under the employment conditions that will apply to Khobragade and Richard “during the period of employment in the US,” Richard will be paid $9.75 per hour as per “wages at the prevailing or minimum wage rate as required by law, whichever is greater”. It said she would work 40 hours per week with an off on Sunday.

It also adds that wages to Richard should be paid “biweekly by electronic fund transfer” to her bank account.

Neither Khobragade nor Richard’s “family members will have access to the employee’s bank account,” it added.

Another document submitted by Bharara is an “India non-judicial e-stamp,” which is a separate employment contract dated November 21, 2012 between Khobragade and Richard. In this it is stated that Richard will be paid “an expected salary of Rs 25,000 per month with an additional Rs 5,000 for overtime i.e. work on Sunday, after hours and for parties.” It goes on to say that the “maximum” salary per month including overtime allowance “will not exceed” Rs 30,000 per month.

It is these two employment contracts that are at the crux of the criminal charges that Bharara has brought against Khobragade. The indictment said Khobragade’s “decision to manufacture a fraudulent employment agreement” showing the $9.75 hourly wage and which appear to be complying with the requirements of US law “demonstrated clearly” Khobragade’s knowledge of the applicable legal requirements.

However, she never intended to pay Richard the $9.75 hourly wage and so made a separate contract with her which said that Richard will be paid Rs 30,000 a month.

“Knowing that if the US authorities were told the truth about the actual terms of her employment agreement with the victim (Richard), Khobragade would not have been able to obtain a visa for the victim, Khobragade decided to make false statements to the US authorities.”

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