“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,” Bharara said.

“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’,” he said.

Khobragade to be prosecuted Bharara made it clear that Khobragade will be prosecuted if she returns to the U.S. without diplomatic immunity.

“We will alert the Court promptly if we learn that the defendant returns to the U.S. in a non-immune capacity, at which time the Government will proceed to prosecute this case and prove the charges in the Indictment,” he added.

After the row broke out, Khobragade was transferred to India’s Permanent Mission to the UN. Following her arrest, her passport was kept in court’s custody.

Once the UN accreditation was granted that gave her the full diplomatic immunity, the U.S. immediately requested India to waive this immunity so that she can be tried in a U.S. court.

“The U.S. requested waiver of immunity (of Khobragade).India denied that request,” a U.S. government official told PTI.

“We then requested her departure, as per the standard procedure and the charges remain in place,” the official added.
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