Satyameva Jayate

Wednesday, December 18, 2013

Devyani Khobragade case: Meet Preet Bharara, the Indian-American prosecutor who brought down Rajat Gupta and took action against the diplomat



India's Deputy Consul General in New York Devyani Khobragade would be fairly small fry for US Attorney Preet Bharara - the New York-based federal prosecutor who won the biggest ever insider trading case last month, against SAC Capital.

But Indian-born Bharara has made it clear that there is no offender too big - or too small - to escape his attention. This month alone, actions initiated by his office and convictions include those against Wall Street executives, tax evaders, drug and arms dealers and an Indian American pharmacy owner in Queens.

The escalating diplomatic row between India and the US over the arrest and treatment meted out to Khobragade is in fact the second such tussle set off by the actions of Bharara's office this month. She is charged with giving false information and documents to support her domestic help's visa application.

On December 5, Bharara announced charges against 25 serving and former Russian diplomats and their spouses for allegedly defrauding Medicaid, an American state-run health care programme, to obtain about $1.5 million in benefits over a decade. No arrest was made in that case and Bharara said the case was unlikely to go to trial as the defendants had immunity. At a news conference held to announce the charges, Bharara said it was a case "we would be prosecuting and making arrests in, but for immunity". But he noted that participation in crimes by diplomats generally leads to expulsion from a country.

The charges drew a sharp rebuke from Russia's Deputy Foreign Minister Sergei Ryabkov who blamed the criminal case on "Russophobic forces", although the US state department downplayed the case saying it should not affect bilateral ties.

Talking about Khobragade's case, State Department Deputy Spokesperson Marie Harf said: "The US and India enjoy a broad and deep friendship, and this isolated episode is not indicative of the close and mutually respectful ties we share."

As the US Attorney for the Southern District of New York, Bharara is considered to be one of the most powerful prosecutors in America and was handpicked by US President Barack Obama for this position in May 2009. His term expires next year and it is widely speculated he could run for higher political office. One of his predecessors, Rudy Giuliani, went on to become the Mayor of New York City and was a candidate for the Republican presidential nomination in 2008.


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