Crookbond Posted January 17, 2014 Share Posted January 17, 2014 Erm, yes you can. As i said, when you mis-file for taxes, you don't need to prove how, what or why, its a matter of paying a simple fine. The claim that you filed the wrong paperwork is taken at prima facie value by the government in all cases, except when your paperwork is filed by a qualified person on your behalf. Ie, you can claim you filled in the wrong tax section and pay a fine if you did it yourself. You cannot do so if you filed it through a certified tax expert. You can easily claim you filed the wrong section in immigration paperwork. Unless your paperwork was notarized by an immigration lawyer. Then it assumes that negligence or incompetence is not an issue and only then the onus is on you to prove you are innocent. Otherwise, it is ALWAYS 'sorry, i filed the wrong paperwork, now i gotto pay a fine'. Not criminal charges. I don't want to get drawn into any analogies. Worst way of having a discussion - because it happens in X let happens in Y. Now, lets assume that it was "Ooops a wrong application!' and I messed up the "salary part" in the A3 visa application. A payment of 30,000INR for approx. 4.3 weeks a month comes out to $3.31 per hour. The min. wages in NY for a 40-hour week is $8.5/hour. That is less than half of the min. wages. Clearly shows Khobragade knew what she was doing. Link to comment Share on other sites More sharing options...
Crookbond Posted January 17, 2014 Share Posted January 17, 2014 So the whole fraud was premeditated than. She knowingly and wilfully provided the wrong information at the time of the filing of the form when the paperwork clearly stated that deductions didn't count. That also explains why she got the maid to sign another contact in secret. Clearly the ***** is guilty. Yes, she did. The "Proof of Burden" is on Khobragade to prove otherwise. Even if I were to empathize with Devyani that the 4500US$ figure was a "mistake" I can't empathize the fact that she paid lesser than half of the min. wages prevailing in NY. Link to comment Share on other sites More sharing options...
EnterTheVoid Posted January 17, 2014 Share Posted January 17, 2014 It also explains why she had two different contracts with two different payrates. Link to comment Share on other sites More sharing options...
seedhi Posted January 17, 2014 Share Posted January 17, 2014 The so called fact that Devyani paid less than minimum wage is nothing but an allegation in the phoney indictment by pretty boy Bharara. The so called indictment has completely made up at least one allegation that Devyani confiscated the regular passport of the maid, as it is the GoI which takes it under possession whenever an official passport is given. There is no reason to believe that it is anywhere near the truth on the other allegations either. Link to comment Share on other sites More sharing options...
randomGuy Posted January 17, 2014 Share Posted January 17, 2014 dont even look at the indictment. maid could very well hv said tht she wasnt allowed to sleep n fed dog food. if proven wrong on passport they can say tht they were not aware tht it was to be kept with govt. Link to comment Share on other sites More sharing options...
punjabi_khota Posted January 17, 2014 Share Posted January 17, 2014 FYI, even in the US, logging camps and fruit farms & vinyards end up paying their employees $400 to $700 monthly. This is perfectly legal, if your contract says that you must live on site but your food & lodging are NOT included as perks. If you get such a job, you will see the employer paying you $1600 per month, then deducting between $800 to $1000 for food and accomodation before depositing your money in your account,it will even say so on your paystub. Perfectly legal. The only thing Devyani did wrong, is not show official record of these deductions from her maid's salary. Devyani is guilty of semantics, nothing more. You are so wrong, I don't know where to begin. Let us start with this: http://www.justice.gov/usao/nys/pressreleases/December13/KhobragadeArrestPR/Khobragade,%20Devyani%20Complaint.pdf On page 4 of this OFFICIAL DOJ compaint, the relevant law is stated. It says NO deductions on lodging, food, health insurance, travel is allowed by law. The employer must pay minimum/prevailing wage. Anything on top of that is bonus. Also, the prevailing wage for a nanny in NY/NJ area is $500-$800 per week on top of room and board. Link to comment Share on other sites More sharing options...
coffee_rules Posted January 17, 2014 Share Posted January 17, 2014 Nobody pays 4500 pm for a maid. All US students will become maids if that was possible. I think all were happy until the maid wanted to make some more money by working elsewhere like a 2nd job. She wanted a regular PP, and not the official one. Since DK didn't relent, she went AWOL. Link to comment Share on other sites More sharing options...
punjabi_khota Posted January 17, 2014 Share Posted January 17, 2014 The so called fact that Devyani paid less than minimum wage is nothing but an allegation in the phoney indictment by pretty boy Bharara. The so called indictment has completely made up at least one allegation that Devyani confiscated the regular passport of the maid, as it is the GoI which takes it under possession whenever an official passport is given. There is no reason to believe that it is anywhere near the truth on the other allegations either. You have lost it man. Link to comment Share on other sites More sharing options...
punjabi_khota Posted January 17, 2014 Share Posted January 17, 2014 Nobody pays 4500 pm for a maid. All US students will become maids if that was possible. I think all were happy until the maid wanted to make some more money by working elsewhere like a 2nd job. She wanted a regular PP' date=' and not the official one. Since DK didn't relent, she went AWOL.[/quote'] Again, you have no clue what you are blabbering about. If the maid is working in NYC area, she can easily make $800 per week working normal hours. Go look at prevailing wage statistics, you will know. If you add bit of overtime, easy looking at 4k per month. And this is while working for folks who maybe are making 300k themselves. If the maid works for millionaires, the wages obviously multiply. This link from NYT shows in 2011, Brooklyn average nanny rate was $15 per hour. Working for 60 hours a week, that is 900 per week, or $3600 per month. http://cityroom.blogs.nytimes.com/2011/11/02/a-look-at-how-brooklyn-nannies-are-paid/?_php=true&_type=blogs&_r=0 The rates for Manhattan will be higher obviously. Link to comment Share on other sites More sharing options...
coffee_rules Posted January 17, 2014 Share Posted January 17, 2014 Again, you have no clue what you are blabbering about. If the maid is working in NYC area, she can easily make $800 per week working normal hours. Go look at prevailing wage statistics, you will know. If you add bit of overtime, easy looking at 4k per month. And this is while working for folks who maybe are making 300k themselves. If the maid works for millionaires, the wages obviously multiply. This link from NYT shows in 2011, Brooklyn average nanny rate was $15 per hour. Working for 60 hours a week, that is 900 per week, or $3600 per month. http://cityroom.blogs.nytimes.com/2011/11/02/a-look-at-how-brooklyn-nannies-are-paid/?_php=true&_type=blogs&_r=0 The rates for Manhattan will be higher obviously. You speak of numbers in NYC from nannies who are established using contacts, recommendations from others etc working for the people living in Manhattan/Brooklyn . For a nanny FOB, it is hard to make those numbers. Link to comment Share on other sites More sharing options...
EnterTheVoid Posted January 17, 2014 Share Posted January 17, 2014 Muloghonto was blabbering about living comfortably off three dollars per hour in NYC Link to comment Share on other sites More sharing options...
coffee_rules Posted January 17, 2014 Share Posted January 17, 2014 You are so wrong, I don't know where to begin. Let us start with this: http://www.justice.gov/usao/nys/pressreleases/December13/KhobragadeArrestPR/Khobragade,%20Devyani%20Complaint.pdf On page 4 of this OFFICIAL DOJ compaint, the relevant law is stated. It says NO deductions on lodging, food, health insurance, travel is allowed by law. The employer must pay minimum/prevailing wage. Anything on top of that is bonus. Also, the prevailing wage for a nanny in NY/NJ area is $500-$800 per week on top of room and board. Maybe in NY. In NJ, I have never heard of people paying 3600 pm to a nanny. Close to 1500 with food (live-ins gets even less - 1300-1400). You might have some rich friends. I am talking about average people with salaried income. Link to comment Share on other sites More sharing options...
seedhi Posted January 17, 2014 Share Posted January 17, 2014 Nobody pays 4500 pm for a maid. All US students will become maids if that was possible. I think all were happy until the maid wanted to make some more money by working elsewhere like a 2nd job. She wanted a regular PP' date= and not the official one. Since DK didn't relent, she went AWOL.It was not within Devyani's domain to provide the maid her regular passport. The regular passport is taken into possession by the government of India when they issue an official passport and can be obtained only after the person returns from the official trip and surrenders the official passport. The maid was unwilling to return back to India and wanted her regular passport in the US itself. This of course was not possible and this fraudulent allegation that Devyani confiscated her passport was included in the joke of an indictment filed by that pretender Bharara. Link to comment Share on other sites More sharing options...
Crookbond Posted January 17, 2014 Share Posted January 17, 2014 You have lost it man. Indicts State Assemblyman Eric Stevenson for bribe - found guilty in Manhattan Federal Court, indicts former veteran affairs police chief for kidnapping conspiracies - found guilty in Manhattan Federal Court, indicts a supervisor for falsifying nuclear facility records - sentenced in court. What a phoney! Link to comment Share on other sites More sharing options...
seedhi Posted January 17, 2014 Share Posted January 17, 2014 Delays the indictment of Russian diplomats and consular officials in 1.5 million fraud case till all of the consular officials are safely back in Russia, because he dare not arrest any of them as the p*ssy knows Russia will give an equal response. Picks on India to burnish credentials as a loyal uncle tom. Link to comment Share on other sites More sharing options...
Muloghonto Posted January 17, 2014 Share Posted January 17, 2014 Muloghonto was blabbering about living comfortably off three dollars per hour in NYC If deliberately lying is all you are capable of, maybe you should enhabit the paki board instead of ICF. Clearly, comprehension skills are not your forte. Link to comment Share on other sites More sharing options...
yoda Posted January 17, 2014 Share Posted January 17, 2014 It was not within Devyani's domain to provide the maid her regular passport. The regular passport is taken into possession by the government of India when they issue an official passport and can be obtained only after the person returns from the official trip and surrenders the official passport. The maid was unwilling to return back to India and wanted her regular passport in the US itself. This of course was not possible and this fraudulent allegation that Devyani confiscated her passport was included in the joke of an indictment filed by that pretender Bharara. So who was in possession of her official passport while she was serving as a maid? Link to comment Share on other sites More sharing options...
yoda Posted January 17, 2014 Share Posted January 17, 2014 BTW, the indictment is pretty damning. Not sure if it has already been posted, here it is: http://apps.washingtonpost.com/g/documents/world/us-v-devyani-khobragade-indictment/739/ 1. She had the maid submit contract with visa app which contained obvious lies, contradicting what she and the maid has agreed to prior and what the maid would get in reality 2. Did not allow the maid to return back to India when she was no longer interested in continuing with the low paid/long hours job Even if the first offense is pardonable, second IMO is not. When a person is no longer interested, you can't force them to continue. That is violation of basic rights. Link to comment Share on other sites More sharing options...
G_B_ Posted January 17, 2014 Share Posted January 17, 2014 Some ridiculous arguments. your telling me a maid with no actually qualifications is going to get $500 a week. Those nanny figures been quoted are for those with experience and are heavily distorted by the rich in Manhatten. Was she even a maid before Khobragade? For example in London the cost of a nanny is £1000 a week in many parts. But those nannies know French Spanish and Madarin. The aim is to teach the kids the language from a young age. I back Muloghonto in what he is saying. Disposable income wise Richards was better of. While she has fled to the USA she may soon find out that manual labour in NY is not all whats its cracked upto be. She is not going to be unionised labour. Link to comment Share on other sites More sharing options...
coffee_rules Posted January 17, 2014 Share Posted January 17, 2014 The 2nd one will not hold in court, it's a matter of what the maid says and what DK says. How will they prove that, when she went absconding. In the Indian court, DK has registered a case of extortion for asking for more money etc. The first one is what they can prove with documents, and DK would have had to pay some money out. Either way, DK is one the losing side morally for having a plush job in Manhattan with US citizen of a husband, still went to get a Indian maid and didn't pay her properly. Link to comment Share on other sites More sharing options...
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