Adani legal battle: US bribery charges could trigger complex defense in multiple jurisdictions

The US trial will begin with an arraignment, where the charges will be formally read, followed by a discovery phase and pre-trial motions, explained Ravi Prakash, a Delhi-based securities law counsel. “If a plea agreement is not reached, the case goes to trial where evidence is presented, witnesses are cross-examined, and the jury reaches a verdict.”

Prakash added that Adani could invoke principles of international law, arguing that the allegations should be investigated under Indian law, possibly with US assistance, in accordance with treaties such as the UN Convention against Corruption.

US prosecutors have charged Adani and seven others with bribing Indian government officials to secure solar power contracts for Adani Green Energy Ltd and Azure Power Global Ltd, both of which were previously listed on the New York Stock Exchange.

Although the Adani group has denied the allegations and said it would take legal action, Reuters reported that arrest warrants had been issued for Adani and his nephew Sagar Adani – chairman and chief executive of Adani Green Energy, respectively.

Gautam Adani now has two immediate options to fight the charges: seek bail in a US trial court and mount a defense against the charges in multiple jurisdictions, lawyers say.

Also read | Adani Bribery Case: Whistleblowers, WhatsApp Messages and ‘Incentives’

Several charges

The bribery charges against Gautam Adani brought by the US Securities and Exchange Commission (SEC) and the US Department of Justice (DOJ) relate to actions taken between 2020 and 2024 to secure solar energy supply contracts.

The indictment alleges serious violations of US federal laws, specifically the Foreign Corrupt Practices Act (FCPA) and the Foreign Extortion Prevention Act (Fepa). The FCPA, a key part of US anti-bribery law, prohibits US entities and individuals from bribing foreign officials to obtain or retain business.

The indictment includes multiple charges: conspiracy to violate the FCPA, conspiracy to commit securities fraud, wire fraud conspiracy, securities fraud related to the 2021 bond offering, and conspiracy to obstruct justice. Prosecutors are also seeking the forfeiture of assets related to the alleged crimes, including proceeds from bribery and fraud.

Also read | Adani Bribery Case: Whistleblowers, WhatsApp Messages and ‘Incentives’

Adani, however, can argue that these alleged actions do not fall under U.S. jurisdiction, said Tushar Kumar, an attorney at India’s Supreme Court.

Senior securities lawyer Chirag M. Shah said the grand jury indictment is the start of a long process, adding that grand jurors may not understand complex financial transactions.

“It is not a heinous crime where a jury of his peers can judge whether the defendant is guilty. The prosecution must present evidence and defense lawyers can seek dismissal on legal grounds,” Shah said.

“The discussion of a possible arrest is far-fetched,” the lawyer added. “The judge has discretion and the facts do not justify such action.”