US SEC Has No Jurisdiction to Summon Foreign National; Adani Notice To Go Via ‘Proper Channel’

Gautam Adani, 62, and seven other defendants, including his nephew Sagar, who is director at the group’s renewable energy unit Adani Green Energy Ltd, allegedly agreed to pay about USD 265 million in bribes to Indian government officials between approximately 2020 and 2024 to obtain lucrative solar energy supply contracts on terms that expected to yield USD 2 billion of profit over 20 years, according to an indictment unsealed in a New York court on Wednesday.

Separate from the indictment brought by the US Department of Justice, the US SEC has also charged the two and Cyril Cabanes, an executive of Azure Power Global, for “conduct arising out of a massive bribery scheme.”

The ports-to-energy conglomerate has denied the allegations and said it will seek all possible legal resources. “The Adani Group has always upheld and is steadfastly committed to maintaining the highest standards of governance, transparency and regulatory compliance across all jurisdictions of its operations.

We assure our stakeholders, partners and employees that we are a law-abiding organisation fully compliant with all laws.”

An indictment in the US is basically a formal written allegation originating with a prosecutor and issued by a grand jury against a party charged with a crime. A person indicted is given formal notice to reply. That person or persons can then hire a defence lawyer to defend.

Prosecutors said the investigation started in 2022 and found the inquiry obstructed. They allege that the Adani Group raised USD 2 billion in loans and bonds, including from US firms, on the backs of false and misleading statements related to the firm’s anti-bribery practices and policies, as well as reports of the bribery probe.

“As alleged, the defendants orchestrated an elaborate scheme to bribe Indian government officials to secure contracts worth billions of dollars and… lied about the bribery scheme as they sought to raise capital from U.S. and international investors,” US Attorney Breon Peace said in a statement announcing the charges on Wednesday.

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“My office is committed to rooting out corruption in the international marketplace and protecting investors from those who seek to enrich themselves at the expense of the integrity of our financial markets.”