Who Will Infosys Throw Under the Bus in Visa Fraud Case?

Don Tennant

As the U.S. government wraps up its criminal investigation of the rampant visa fraud made public by Infosys employee and whistleblower Jay Palmer, very high-profile mainstream media coverage is likely to blow the lid off of Infosys' arrogant public dismissal of the government's case in the very near future. When the heat in the Infosys kitchen gets unbearably hot as a result of the case suddenly being thrust into the media spotlight, it will be interesting to watch the finger-pointing and blame-shifting begin in earnest.

 

As you know, if you've read this blog with any regularity at all, Palmer's civil lawsuit against Infosys has to do with the harassment and retaliation he suffered after blowing the whistle on the visa fraud. But the real problem for Infosys isn't so much what it stands to lose in Palmer's civil case, but rather what it stands to lose as a result of the federal criminal investigation that was sparked by Palmer's case.

 

Now, a second Indian IT services company is likely to come under the scrutiny of federal investigators for the very same reasons, and under remarkably similar circumstances. Mumbai-based L&T Infotech earlier this week was named as the defendant in a class-action lawsuit brought by two female employees who are alleging gender discrimination. But that's not what L&T needs to sweat about. One of the women, Nanda Pai, worked in the human resources department in L&T's New Jersey office, and became aware of rampant visa fraud at L&T. The fraudulent activity was outlined in detail in the lawsuit, because it pertained to the ill treatment that the women were alleging.

 

Here's an excerpt from the lawsuit, filed last week in U.S. District Court for the District of New Jersey:

Defendants became concerned with potential liability for having submitted false documents to the United States government in connection with H-1 B visa applications, and for having indulged in fraudulent misconduct concerning nonimmigrant visas. To address these concerns, Defendants commissioned an audit of their immigration records and procedures by Ernst & Young. Ernst & Young completed the audit, and submitted a report to Defendants in October 2008. That report revealed significant procedural and substantive shortcomings and documentary discrepancies reflective of widespread visa fraud in Defendants' applications to the United States government for visas on behalf of employees and potential employees that were sponsored by Defendants for admission to the United States. To cover up the serious problems identified by the Ernst & Young audit, Defendants, through Ms. Pai's supervisor/manager, systematically backdated and/or fabricated documents in massive numbers. Defendants were aware that they had made false statements to the United States government under penalties of perjury, and to evade liabilities and penalties therefor, willfully sought to cover up that misconduct by such backdating and/or fabrication.

 

Ms. Pai was extremely concerned and distressed at this massive cover-up operation.


 

Ms. Pai's distress was compounded when she discovered that on many such backdated documents, her signature had been forged. When she raised this issue with Defendants, she was advised to stay silent. Ms. Pai became increasingly anxious that she was being set up to be the fall person for these massive immigration violations, and was constantly in a state of high anxiety. This drastically affected her lifestyle and personal relationships. But she needed the income from the job, and could not afford to resign.

Unlike Palmer, then, Pai never blew the whistle on the illegal activity. In the end, according to the lawsuit, L&T made Pai the scapegoat:

Defendants used the opportunity to scapegoat Ms. Pai, and blame her for mistakes and omissions which had been identified by the Ernst & Young audit. In fact, as Defendants well knew, to the extent the mistakes were inadvertent and attributable to sloppiness, they were, in fact, committed by Defendants' employees located in India. With respect to those infractions which were willful, Defendants' own managers/supervisors were singularly responsible.

An interesting element in all of this is that L&T at least had the sense to commission a reputable outside company to come in and audit its immigration records and procedures. Infosys, on the other hand, appears to have overlooked that prudent measure. I spoke about this today with Palmer's attorney, Kenny Mendelsohn. Here's what he had to say about it:

I found it kind of interesting -- [L&T] started worrying about immigration problems, and hired Ernst & Young; Infosys gets a whistleblower complaint, and they hire a criminal defense lawyer. To this day, we have not been contacted by any independent auditor or lawyer who has investigated the immigration and tax violations. A criminal defense lawyer is hired to keep you out of jail. If Infosys had hired Ernst & Young instead of a criminal defense lawyer, it would have revealed these problems, whereas now they're saying they didn't do anything wrong. What I've been saying the whole time is, if they hadn't done anything wrong, why not hire an independent auditor? Why hire a criminal defense lawyer?

So at least L&T appeared to have a plan: Get Ernst & Young to do an audit to find out exactly what the problems are, and then pin the blame on the woman in HR who's been such a thorn in the company's side with her complaints about gender discrimination. Infosys, on the other hand, appears absolutely rudderless. Nobody with any decision-making authority appears to have the slightest clue about the extent of the criminal activity within the company, or what to do about the criminal investigation, so the company has mindlessly defaulted to denial mode.

 

But again, things are going to get very ugly, very quickly, when Infosys' outrageous actions are exposed by a high-profile mainstream media outlet. It's only a matter of time, and I have a hunch that it's going to be sooner rather than later. And when it happens, it will be fascinating to see how Infosys handles it. It will be equally fascinating to see who's thrown under the bus when the feds make it clear that denial is a bus ticket to indictment.



Add Comment      Leave a comment on this blog post
Apr 5, 2012 3:55 AM Dolores Dolores  says: in response to ITJob

And, progress in the Tata case at last.

http://lieffcabraser.com/news/1268/court-approves-class-action-status-in-case-charging-tata-with-violating-the-rights-of-its-non-us-citizen-workers-in-america

Reply
Apr 5, 2012 5:03 AM EngiNERD EngiNERD  says:

Don writes:,  "But again, things are going to get very ugly, very quickly, when Infosys' outrageous actions are exposed by a high-profile mainstream media outlet. It's only a matter of time, and I have a hunch that it's going to be sooner rather than later."

I  doubt the mainstream  ( Corporate Media Complex) press will expose this  issue ! 

In  prior  years how much have to  seen,  read ,  heard  on the various  abuses,  scandals,  lawsuits in the various guest worker visa  programs.

OK there has been some  coverage   but by and large this is the scandal you are NOT hearing about.

Going back  many many  many years

The scandal you are not hearing about:

http://www.etherzone.com/2002/jack102102.shtml    removed  but posted at

http://www.americanreformation.org/Articles/GlennJackson/EnronandH1BVisas.htm

CNN's Lou Dobbs  use to  cover this  issue  but since returning to FOX NEWS   Dobbs   no  longer seems to  cover the "WAR ON THE MIDDLE CLASS"   that was so much a feature in his  CNN  broadcasts.

Here's  some of the  stories

http://www.youtube.com/watch?v=aj5d0GQwENQ

http://www.youtube.com/watch?v=wg_-JAm-Bpg

http://www.youtube.com/watch?v=58Dr8nEVTvQ

http://www.youtube.com/watch?v=mYM8MIXCvQQ

http://www.youtube.com/watch?v=h66IGgxog60

http://www.youtube.com/watch?v=oJAnZUB6zyE

http://www.youtube.com/watch?v=NhIPLkKol5Y

http://www.youtube.com/watch?v=aj5d0GQwENQ

http://www.youtube.com/watch?v=Dj_9m8ht0s8

http://www.youtube.com/watch?v=3SzgpHBFUkE

http://www.youtube.com/watch?v=nrapEizmuyM

Reply
Apr 5, 2012 5:14 AM shahid shahid  says: in response to EngiNERD

India has totally destroyed US middle class under "Specialized skill" banner. And there are thousands and thousands of BODYSHOPS who hire H-1B and L1 and place them to the client sites. TCS, Infosys, brings millions of L1 from India to do the job in USA and to replace americans from job. BODYSHOP business has destroyed millions and millions of American citizen life. Basically the DOL and DHS are the party to blame in addition to Congress and Senate for overlooking this massive abuse of Visa system in history of United States.

Reply
Apr 5, 2012 5:21 AM shahid shahid  says: in response to shahid

BASICALLY THESE INDIAN BODYSHOPS ARE THE GREATEST KILLERS.

THEY ARE THE KILLERS. WE MUST CALL DOL AND DHS OFFICE ASAP.

USCIS AND DOL IS NOT DOING ANYTHING TO PROTECT AMERICAN CITIZENS. SOMEBODY NEED TO FILE LAWSUIT AGAINST DOL AND USCIS FOR NOT PUTTING STRICT RULES ON L1 AND H-1.

AND NOT CLOSING THE LOOPHOLES IN THE LAW.

WHY OPT BECOME 29 MONTHS? JUST TO DESTROY MIDDLE CLASS?

DHS AND DOL MUST ANSWER THIS QUESTION TO AMERICANS.

BASICALLY 5 MILLION AMERICANS HAVE BEEN KILLED BY INDIA IN LAST 10 YEARS. (ANOTHER KIND OF INVASION BY A COUNTRY).

THESE YOUNG BOYS (from India 25-35 age) WITH SO CALLED "SPECIAL SKILL" HAS TOTALLY KILLED 5 MILLION AMERICAN CITIZENS.

LOST HOUSE AND KIDS AND WIFE, DIVORCE, SUICIDE, DEATH.

VB programming or testing is not a skill US needs. This is not special skill.

THEY TOOK OVER ALL JOBS EVERYWHERE THROUGH BODYSHOPS AND AMERICAN CITIZENS LOST JOBS AND CANNOT FIND A NEW JOB BECAUSE ALL ARE FILLED BY EITHER H-1B OR L1. THEN CANNOT PAY THE MORTGAGE, CANNOT PAY THE BILLS, BANKRUPTCY, FORCLOSURE, NO FOOD, DIVORCE, WORK IN WALMART, DEPRESSED, DEAD!!! IN THE NAME OF "SPECIAL  SKILLS", THEY ARE KILLING AMERICANS.

Reply
Apr 5, 2012 6:02 AM GetReal GetReal  says:

Let's not forget that American corporations are using H1B visas to keep wages down.  They are making record profits and have billions in the bank, all the while crying there is a shortage of hi-tech workers.  There is no shortage and its time to lower our unemployment rate by riding ourselves of the lie that the H1B is built upon.  We don't need the h1b visa for our hitech industry.

Reply
Apr 5, 2012 9:15 AM R. Lawson R. Lawson  says: in response to GetReal

I think the most interesting argument Greenspan made was so that the H-1b visa is a tool to prevent us (IT workers) from becoming the "privileged elite".  So one must wonder what type of things Greenspan would propose to prevent Wall Street workers from becoming the "privileged elite".  And what of the people who already are "privileged elite" - what is his plan to revoke that status from them?  Can we expect Greenspan to give back all of his own earnings that are a result of himself being in that elite club?

The motives behind the H-1b visa, if we are to believe Greenspan, have nothing to do with filling shortages and everything to do with preventing information workers from rising in social status - and more specifically to suppress our earnings.

I would note that the IT profession has the highest concentration of IT workers among all other occupations.  As a result I'm not feeling very privileged or elite.  Well played Greenspan.  I'll be sure to remind people after your death of your legacy of elitism and your willingness to manipulate the markets so long as it would keep smart people from entering the upper middle class or the ranks of the "elite".  I personally wouldn't be such a curmudgeon and scrooge if I had one foot in the grave.

Reply
Apr 5, 2012 10:51 AM Mark Mark  says:

Don,

I have not been to your blog in a while but..."great news" it looks like things are going to start heating up for Infosys.

Reply
Apr 5, 2012 11:15 AM Richard Richard  says:

Hope your words come true DON.  

http://economictimes.indiatimes.com/tech/ites/visa-rejections-disrupt-indian-it-operations-in-us/articleshow/12547888.cms

Reply
Apr 5, 2012 11:55 AM Richard Richard  says: in response to Richard

Otehr than L&T case the most recent TCS lawsuit will also add fuel to the fire.

Reply
Apr 5, 2012 12:51 PM ITJob ITJob  says:

Don by any chance you had covered EARL SETH DAVID case?

http://www.foreignlaborcert.doleta.gov/pdf/usao_sony_press_earl_david.pdf

Reply
Apr 6, 2012 7:07 AM AV AV  says:

What a joke! The whole blog is about a case that L&T is facing, yet the title with the Infosys name and the lame attempt to tie anything with Infosys is just aimed at attracting eyeballs and clicks. This blogger will stoop to anything to get traffic while proclaiming himself as the judge and jury !

Reply
Apr 6, 2012 7:52 AM Wakjob Wakjob  says:

"very high-profile mainstream media coverage is likely to blow the lid off of Infosys' arrogant public dismissal of the government's case in the very near future."

Don, this just ain't gonna happen. The MSM is paid off by these same RICO crooks to keep quiet about it. AND Neilsen Ratings has also been invaded and taken over by Indians.

Don't believe me? Just google "How Oldsmar got global influence" and tell me how many non-Indians you see in Neilsen's offices.

This was exactly how they got Lou Dobbs out of CNN and they will do the same to any MSM outlet that covers negative stories about India, Inc.

One thing India, Inc. is good at is manipulation and cons.

Reply
Apr 6, 2012 8:00 AM Wakjob Wakjob  says: in response to EngiNERD

Dobbs was:

1) Forced off the air because his show's ratings were sabotaged when Indians invaded Neilsen Ratings in Oldsmar, FL (google "How Oldsmar got global influence" and tell me how many non-Indians you see in the photo).

2) Paid $8 million to leave CNN and agree to shut up about India and the middle class.

3) Relegated to the status of backwater side reporter for Fox Biz to go along and get along.

4) Shot at at his home, probably either by the Indian Mafia or some globalist henchmen who didn't like the anti-globalism message he preached.

Dobbs was a courageous American who was one of the only MSMs to expose this massive, rampant, RICO fraud in America by a foreign power. He was probably offered the choice between the $8 million or his life and that of his family.

India, Inc. and the globalists always know how to get what they want.

Reply
Apr 6, 2012 8:06 AM Wakjob Wakjob  says: in response to GetReal

"Let's not forget that American corporations are using H1B visas to keep wages down."

And let's not forget that many of those US corporations are run by Indian CEOs and executives:

- Citi: Vikram pandit

- Pepsi: Indrya Noori

- Adobe: Shantanu Narayen

- Former CEOs of Adaptec & Quark

- VP at Goldman Sachs: Kunil Shah

- Head of McKinsey & Co. business consultants.

and countless others we don't know about.

Google "Most American companies are now firmly under international control.

These lying worms take over US companies created by Americans, then run them into the ground as they ship the jobs overseas and flood the companies with fakers who all bought their PhDs in Punjab for $300. (Google that one too).

This MUST stop if America is to survive.

There are ways to invade and take over a country besides military means.

Reply
Apr 6, 2012 8:09 AM Wakjob Wakjob  says: in response to R. Lawson

"I would note that the IT profession has the highest concentration of IT workers among all other occupations.  As a result I'm not feeling very privileged or elite.  Well played Greenspan.  I'll be sure to remind people after your death of your legacy of elitism and your willingness to manipulate the markets so long as it would keep smart people from entering the upper middle class or the ranks of the "elite".  I personally wouldn't be such a curmudgeon and scrooge if I had one foot in the grave."

The traditional elites: pols, bankers, lawyers, doctors, biz execs became JEALOUS of the American IT worker in the late 90s because we got all the attention and made more than they did. AND the huge personal and gov't SURPLUSES we caused in the late 90s THREATENED the elite bankers' business.

No one needs loans if they are paying cash for cars and houses.

It is very easy to see the bankers' deliberate hand in the engineered decline of America.

Reply
Apr 6, 2012 8:12 AM Wakjob Wakjob  says: in response to Richard

"A possible solution would be to reduce H1B intake by 50% in the coming years to bring a balance between american and indian H1B workers."

Another delusional Indian. All Indians believe anyone who opposes them must be Pakistani. Indians seem to be totally unaware of the HUGE oppostiion to them being in the US and what they are doing here.

And no, 50% is not good enough as long as 1 US CItizen is still unemployed. All these 3.2 MILLION workers from India were only suppoed to be here TEMPORARILY for Y2K and the dot-com boom but 10 years later they are not only still here, but they have TAKEN OVER.

50% is an insult. American IT workers are not going to budge one inch on this subject. Foreign TEMPORARY GUEST WORKERS shoud be 0% in America until every last citizen is employed.

After all, that was the original agreement India, Inc. made with America in 1998 when they started this stealth immigration and takeover plan.

Reply
Apr 6, 2012 8:14 AM Paul Mater Paul Mater  says:

Was poor quality from India's Tata behind crash of Navy F/A-18 jet?

http://usnews.msnbc.msn.com/_news/2012/04/06/11057385-navy-jet-crashes-in-virginia-beach-hitting-apartment-buildings

Emergency crews had extinguished fires and were searching for victims at a cluster of apartments in Virginia Beach, Va., Friday after a Navy F/A-18 jet crashed into the complex, destroying two buildings and damaging several others, authorities and witnesses said.

http://www.informationweek.com/news/global-cio/outsourcing/229212834

According to Boeing, the agreement's intent is to "develop new supply sources throughout the Indian manufacturing and engineering communities for both commercial and defense applications." Boeing stated outright that it plans to outsource work on the Navy's F/A 18 Super Hornet to its Indian joint venture.

http://www.boeing.com/news/releases/2008/q1/080214a_nr.html

CHICAGO, Feb. 14, 2008 -- The Boeing Company and Tata Industries Limited of India have agreed on a plan to form a joint-venture company that will initially include more than US$500 million of defense-related aerospace component work in India for export to Boeing and its international customers.

In the first phase of the agreement, Boeing would potentially issue contracts for work packages to the joint-venture company involving defense-related component manufacturing on Boeing's F/A-18 Super Hornet for the U.S. Navy and Royal Australian Air Force, CH-47 Chinook and/or P-8 Maritime Patrol Aircraft. A research and development center for advanced manufacturing technologies is also contemplated.

Reply
Apr 6, 2012 8:47 AM EngiNERD EngiNERD  says: in response to R. Lawson

For those of you unfamilar with Greenspan's comments on skilled workers, H-1b  visas....

Alan Greenspan on how to drive down American wages

http://www.youtube.com/watch?v=oqx88MyUSck

Let to play out as at 3:45 into the piece is the SMOKING GUN . . . "augment immigration of skilled labor. We pay the highest skilled labor wages in the world. If we would open up our borders to skilled labor far more than we do, we would attract a very substantial quantity of skilled labor which would suppress the wage levels of the skilled, because we skilled are being essentially subsidized by government, meaning our competition is being kept outside the country. But, if we bring in a number of workers to suppress the level of wages relative to the lesser skilled, we will reduce the degree of inequality."

Reply
Apr 6, 2012 8:51 AM SealTeam6 SealTeam6 SealTeam6 SealTeam6  says: in response to Paul Mater

This is interesting. I had read about the delays with the Boeing Dreamliner being related to software issues that involved HCL. Using foreign companies to develop the software/firmware for military weapon systems is a disaster in the making. But I guess anything is possible for money and profits.

Reply
Apr 6, 2012 11:36 AM Richard Richard  says: in response to shahid

Don, I request you to keep a close watch on comments amde by hahid. He seems to be a Pakistani national filling un-necessary hatred against India. While it is true that H1Bs have taken lot of american jobs but is also a fact that it has helped the US corporations to some an extent. A possible solution would be to reduce H1B intake by 50% in the coming years to bring a balance between american and indian H1B workers.

Reply
Apr 6, 2012 11:39 AM Richard Richard  says: in response to Richard

Don, I request you to keep a close watch on comments made by Shahid. He seems to be a Pakistani national filling un-necessary hatred against India. While it is true that H1Bs have taken lot of american jobs but is also a fact that it has helped the US corporations to some an extent. A possible solution would be to reduce H1B intake by 50% in the coming years to bring a balance between american and indian H1B workers.

What do others say ?

Reply
Apr 6, 2012 12:00 PM George Alexander George Alexander  says: in response to Richard

Well, "shahid" means martyr in arabic and his references to "killers", "suicide" and "death" seem to be an easy give away about his influences.

Reply
Apr 8, 2012 10:40 AM Truth Truth  says:

The crap being done in America by crooked Indian companies:

http://www.computerworld.com/s/article/9225894/Indian_IT_firms_are_heading_for_a_fall

Reply
Apr 8, 2012 10:54 AM Truth Truth  says:

What a typical Indian H1B is really upto!

http://techtalk.dice.com/t5/Tech-Nation-Discussion/What-a-typical-Indian-H1B-is-really-up-to/m-p/296136

Reply
Apr 9, 2012 5:54 AM Richard Richard  says: in response to Wakjob

I am not an Indian. If I was one I would have never opposed the H1B program. What I meant was to achieve a balance the country needs mimumim H1Bs and when you say zero H1B then that means putting too much pressure on US corporations. H1B is like body fat. Even though you dont need 100% fat but at the same time you cannot live with 0% fat. You need to have a bare minimum to remain healthy...Now dont start another argument on H1B vs non-H1B

Reply
Apr 9, 2012 10:53 AM R. Lawson R. Lawson  says: in response to SealTeam6 SealTeam6

I think domain knowledge is super important - especially in the case of aircraft.  I'm a senior level software developer/architect.  I have flown solo in an airplane and had flight training. 

Do I feel qualified to write software for a jet aircraft of any kind?  No.  I don't.  And it would be silly to assume you could easily offshore that type of work.  They will either pay for it in long term costs, or worse in lives. 

I won't be one of the first passengers on the dreamliner.  Let other passengers do their "bug testing" for them.  Not me.

Reply
Apr 9, 2012 12:28 PM hiremaerican hiremaerican  says: in response to Mark

Hate to burst your bubble, but nothing is gonna happen. The government investigation will go nowhere/do nothing....heck the government does not want to mess with these visa issues......the US government is bought and does not care about it's people.....

Show me one candidate that is running for President that is not for these visa programs :P

Reply
Apr 9, 2012 12:43 PM Mark Mark  says: in response to hiremaerican

I'm generally an optimist and believe in our Government.  I hate to say it...BUT you may be right Washington is filled with lobbyists who are running the country.

Reply
Apr 11, 2012 8:25 AM George Alexander George Alexander  says: in response to Richard

>>I am not an Indian. If I was one I would have never opposed the H1B program.HAHAHAAHAHA. Nice try. With an email "rohitXXXX@gmail.com I'm pretty sure, "Richard" or Rohit is an Indian and from his posts, one that's in the US on an H1-B.

Reply
Apr 11, 2012 12:54 PM Gautham Gautham  says:

One of the things Palmer accused Infosys of was religious discrimination! Tis dude ran out of laundry list of complaints basically and added items from his wildest dreams.

Come on, Palmer, as per his role, was no one. At least, Ms Pai of L&T was in HR to understand what was going on but Palmer dude just conjured up everything and anything he could think of.

To me this is like trying to find a fake WMD.

Reply
May 18, 2012 6:14 AM Tony Tony  says:

Why is this so suprising? Galaxe Soulutions have been doing this for years, so it must be legal

Reply

Post a comment

 

 

 

 


(Maximum characters: 1200). You have 1200 characters left.

 

null
null

 

Subscribe to our Newsletters

Sign up now and get the best business technology insights direct to your inbox.