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Kenneth Wainstein, the attorney of the United States in and for the District of Columbia, filed an indictment against jeweler Sunil Agrawal, CEO of STS Jewels, for bribery and conspiracy of a federal official following a two-year long investigation.
STS Jewels is a jewelry manufacturer and dealer based in Long Island City, New York. According to the company's website, STS Jewels has offices in Canada, India, Thailand, Hong Kong, Japan, Taiwan, Brazil, Dubai and Great Britain. Tanzanite jewelry is the company's specialty. Agrawal is also president of the Indian Diamond and Colorstone Association.
In court papers filed August 18, 2006, in the District of Columbia --which were sealed until August 25 pending arrests-- defendant Agrawal, and defendant Michael John O'Keefe were indicted for three counts of bribery and conspiracy. As of August 25, O'Keefe had been taken into custody, and Agrawal was last reported being seen in London, for which the United States has sought a provisional arrest warrant as of press time.
While Agrawal holds lawful, permanent residence status in the United States he has, according to the Federal prosecutors, also sponsored employees for visas in support operations of STS Jewels.
State Department Consulate official (Mike) O'Keefe, conspired to, agreed to, and sought to receive and accept "things of value" from Agrawal in exchange for O'Keefe's favorable performance as an official of the United States government. O'Keefe worked out of the United States consulate in Toronto, Canada.
Items investigators found Agrawal gave O'Keefe, included hotel stays in Manhattan and in Las Vegas, Nevada, round-trip airline tickets between Toronto, Canada, and Las Vegas; two exotic dancers (sessions,) jewelry, meals, entertainment, and a job reference. O'Keefe in return provided Agrawal expedited interviews for issuing visas and benefits to 21 employees plus renewal visa benefits, which is in violation of Title 18 United States Code: Sect.201(b)(1) and (2.)
In all cases, Agrawal would provide the names of STS Jewels employees in need of visas to O'Keefe via e-mail or fax.
At first, in early 2004, O'Keefe was scheduling STS Jewels employee appointments and he handled the application process and interviews personally and expedited the paperwork. O'Keefe approved all visas sponsored by STS Jewels, and as more requests came in from Agrawal through year 2005, O'Keefe eventually dropped the appointment requirement and simply granted the visas and approved some that had been rejected.
Planning for New York
In one e-mail captured by investigators at some point in-between December 17-21, 2004, Agrawal wrote to O'Keefe: "Mike, Thanks for the mail. The Ring was ready on Friday but I asked them to hold off [un]til you are back. Thanks for your greetings. Best Regards, Sunil Agrawal." Agrawal then proceeded to arrange car service from an airport to a hotel for O'Keefe's planned January weekend stint in New York City.
In response O'Keefe wrote in e-mail: "Sunil, I just wanted to drop you a line to let you know that I have returned to Toronto. We had a great holiday in Italy with my children...and I are looking forward to the trip to New York...it will be good to see you again. Please keep in touch and let me know if there is anything I can do from this end. Mike O'Keefe."
Agrawal responded in e-mail asking whether or not O'Keefe's son received candy and fruit sent to his military base for the Christmas holiday, and confirmed booking two rooms at the Hilton Millennium in Midtown Manhattan, and said "Your ring has been sent out today to your home address."
In subsequent e-mails, O'Keefe said his son did not receive the gift, and confirmed he'd received a ring valued at about $3,000. O'Keefe added, "I should have asked you to send it to a U.S. address that we use as the Canadians' hit me with tax and customs duties on the ring. I had to pay $262.65 before they would give me the package." This ring was apparently a similar design to a ring O'Keefe said had been lost.
On or about January 5-6, 2005, Agrawal e-mailed O'Keefe confirming he'd faxed the name of an employee that is "seeking and early appointment for H1B stamp...I would appreciate if you could give us appointment before your New York visit."
O'Keefe followed-up saying he hadn't received the fax, but pulled the case and "approved it so your people should be getting a call today telling her she can have an expedited appointment...In the future just have someone call me and let me know that the fax is coming. I will be interviewing her and I don't foresee any problems."
Agrawal received notice his employee would have the H1B appointment January 12, 2005, and offered O'Keefe the following message: "I was wondering what kind of Broadway show you would like to see? I am scheduling the dinner and show on Friday, the day of your arrival in New York. Sunil."
On January 12, O'Keefe issued a visa to STS Jewels' new employee sponsored by Agrawal. A second appointment was arranged for another employee on January 14, to which O'Keefe approved.
Between January 20-21, 2005, O'Keefe arrived in New York and Agrawal supplied two exotic dancers for the weekend, according to the court documents.
Agrawal paid for O'Keefe's hotel, Broadway show tickets, and transportation, to which investigators estimate in value at almost $2,000. Prosecutors did not release the names of the dancers.
'You are such an experienced and capable diplomat...'
Agrawal requested two more visas between January 24 and March 3, 2005, which O'Keefe approved on March 10. On or about May 31, 2005, O'Keefe issued visas to three new STS Jewels employees and family members sponsored by Agrawal.
On July 19, 2005, O'Keefe asked Agrawal if he'd agree to be a job reference for a position at Southern New Hampshire University. Agrawal agreed and added, "You are such an experienced and capable diplomat that US government should do their best not to lose...Add to that such issues as al Qaeda. Thanks for vouching for STS."
While the reference to al Qaeda may seem out of the blue, actually Agrawal's company had been named in a wrongful death lawsuit by family members of September 11 victims in February 2002. The lawsuit was dismissed in April 2002. Plaintiffs alleged ties existed between tanzanite trading (STS Jewels) and al Qaeda, but the court ruled there was not enough evidence to support the charge.
In August 2005, O'Keefe issued three visas to STS employees. On August 28, O'Keefe wrote to Agrawal that he would be happy to issue the visas to "your other H1 holders....I have no problem with these cases...I will waive the appointment and then adjudicate the case myself....I have been a diplomat for 22 years and I find myself growing tired of argument over visas.
"The young Vice Consuls who work for me seem to be determined to find problems. They wanted to turn down one of your employees because he was in the jewelry industry and everyone knows that al Qaeda uses jewelry industry to raise funds. Needless to say I overruled the decision and explained to them that major gem importers such as STS are not being used by al Qaeda...."
Even though, O'Keefe had thanked Agrawal numerous times for the January trip to New York, he did so again on September 12 when O'Keefe approved four more visas for STS Jewels. On or about October 6, O'Keefe issued two more visas.
As Christmas 2005 approached, O'Keefe asked Agrawal for some advice. "I am in the process of trying to find my wife something for Christmas. As you recall she is somewhat of a jewelry hound. I am looking for a necklace or a pendant with an 18 to 24 inch length. Unfortunately I only have about $300 to spend this year..."
Agrawal suggested "something in ruby to match the ring or Tanzanite to match the other ring." He also "reiterated" an invitation to O'Keefe for hosting him at the JCK Las Vegas Show coming up in June 2006 along with the two exotic dancers.
A ruby ring it was. Although no date was logged for when the ruby ring was shipped, on December 8, 2005, O'Keefe told Agrawal that his wife liked the ruby ring and said he'd would write a university recommendation letter for Agrawal's son.
Preparing for JCK Las Vegas 2006
In February 2006, O'Keefe waived two appointments and issued two new visas for STS Jewels employees. During March, O'Keefe reminded Agrawal about the JCK Las Vegas invitation through e-mail and Agrawal replied that: "It will be my pleasure to sponsor your visit to Vegas. Please let me know the dates and I will organize your flight ticket and hotel stay....One evening we have Indian [Colored Gemstone] event and we would like to invite you there. Another evening there is an industry charity dinner [Jewelers for Children] and you are invited there on STS table."
On March 28, Agrawal asked O'Keefe for approving five H1 renewals for managers at STS Jewels. "Could they visit Toronto around mid April for this process?...Please confirm the dates you would like to visit Vegas for JCK show and I will organize the ticket and hotels for you."
O'Keefe e-mailed and said that mid-April was fine, because at that point he would be chief of the consulate in Toronto. He also wanted Agrawal to confirm that if he went to Las Vegas that the two exotic dancers would be available.
Sometime around April 3, 2006, O'Keefe informed Agrawal that there had been an issue of rejection for five visas, but that he took care of the problem.
Agrawal reserved rooms at the Mirage Hotel in Las Vegas for O'Keefe and two exotic dancers from June 3 to 7, 2006 for about $1,940. An additional $1,527 was charged to Agrawal's American Express card for three airline tickets from Toronto to Las Vegas. O'Keefe issued three new visas to STS Jewels employees on April 19.
During the JCK Show 2006, Agrawal hosted O'Keefe and the dancers and paid an additional $1,000 in room charges for the trio.
The Party Ends
On June 28, O'Keefe issued another visa to STS Jewels, and in July -- O'Keefe e-mailed the two exotic dancers informing them they each would be receiving a ring from STS Jewels shortly.
The United States determined there was sufficient evidence to charge O'Keefe and Agrawal with conspiracy to commit bribery, and aiding and abetting, causing an act to be done.
Prosecutors say that O'Keefe, being a senior public official, did directly and indirectly, corruptly demand, and seek, receive, accept, and agree to receive and accept from defendant Agrawal. In return for being influenced in the performance of an official act, that is, expediting the handling of applications for and issuance of visas to STS Jewels employees in exchange for bribes.
For Agrawal, prosecutors determined that he directly and indirectly, corruptly give, offer and promise to give things of value to influence the public official in the performance of an official act, that is, the expedited handling of applications for and issuance of visas to STS Jewels employees in exchange for bribes.
Prosecutors request O'Keefe forfeit to the United States all property constituting or derived from proceeds obtained directly or indirectly as a result of the said violations, including, a male ring, a ruby pendant or necklace, a female ruby ring, a female tanzanite ring, and a sum of about $5,000 representing the amount of proceeds obtained as a result of the offense(s) of: conspiracy, bribery and aiding and abetting.
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