Infosys Technologies has taken the initiative to release a response to my recent post, "Infosys Tries to Thwart Public Hearing of Visa Fraud Case." The response, sent to me on Wednesday by Infosys' public relations firm, said the company is focused on an ongoing internal review of its visa application process, and on ensuring that its employees abide by the law.
In the post, I expressed my view that the facts of the case that Infosys employee and whistleblower Jay Palmer have brought against the company, and the evidence that has been gathered to support the charges of visa fraud and retaliatory actions taken against Palmer, must be creating a great deal of angst in the Infosys executive suite:
I wouldn't be surprised if Infosys has hired a criminal defense attorney to begin the process of trying to keep Infosys executives out of jail. Even if the case does go to arbitration, the facts of the case ... aren't going away. And unfortunately for Infosys, neither is the federal criminal investigation.
Here's the full text of Infosys' response:
We are currently in the midst of a detailed internal review to understand whether inappropriate actions were taken in the visa application process. We are moving as quickly as possible on this important work. Upon conclusion of the review, we will address in an appropriate manner any legitimate issues that are revealed as a result of our work. Meanwhile, we have taken additional steps to ensure that all Infosys employees involved with the visa application process and those Infosys employees traveling to the United States are acting consistent with the law and with Company policy.
As for comments on the legal matter, we are choosing to concentrate our attention and resources on our internal review. We feel this is the prudent and responsible course of action at this point.
You can make of that response what you will. Given that Infosys sent it to me on its own accord without me having to solicit it, I'm encouraged that the company is at least paying attention to the interest that this case is beginning to generate, rather than sitting back, smug and aloof, waiting for this distraction to blow over.
In a separate development, Kenny Mendelsohn, the attorney representing Palmer, said on Tuesday that Infosys' motion to have the case go to arbitration rather than litigation will be ruled upon by Federal District Court Judge Myron H. Thompson in Montgomery, Ala. If he rules against arbitration, Judge Thompson will preside over the case in federal court.
Mendelsohn has known Judge Thompson for 30 years, so I asked him how he expects the judge to rule on the arbitration matter. His response:
Based upon what I know right now, I feel like it is subject to being kept in federal court. But I do need to do some more research, and some more preparation. I would say this: If I felt like it was certain that it would go to arbitration, I would agree to it. But I don't believe it should go to arbitration, and I believe the law supports us. However, I'll say that Judge Thompson is a lot smarter judge than I am a lawyer, and he's dealt with arbitration issues quite a bit in his 30-some years in federal court. It doesn't always come up in a lawyer's practice, but he's very familiar with it, and I expect him to read everybody's briefs and get to the bottom of it, and then make the right decision. Even with all the research I've done on it and intend to do, I could miss something that he knows, just through his experience. But I certainly have confidence that we're correct on the law, that it should be in federal court, as opposed to being in arbitration.