Thursday, February 6th, 2025

What is the last option left for Adani? 20 years of American jail or something else, know the complete answers in 10 questions.


New Delhi: In America, 8 people including industrialist Gautam Adani, chairman of Adani Group, have been accused of fraud and bribery worth billions of rupees. American prosecutors allege that Adani Group hid this from American banks and investors from whom Adani Group had raised billions of dollars for solar energy projects.
At the same time, Adani Group has termed the allegations as baseless, while the Indian Government has till now maintained silence in this matter. The entire opposition including Congress leader Rahul Gandhi has attacked the government regarding this matter. Rahul has demanded arrest of Adani. Know the complete story of this case. Also let us know what will happen next in this matter?

What and what kind of allegations have been made against Adani?

The US indictment alleges that Adani and his/her co-defendants agreed to pay bribes of more than $250 million, or about Rs 2,100 crore, to Indian officials to secure solar energy contracts worth an estimated $2 billion over 20 years. Was. Adani is charged with foreign bribery, securities fraud, securities fraud conspiracy and conspiracy to commit fraud.

Will these allegations be valid or something else?

Anil Kumar Singh Shrinet, a Delhi-based lawyer, says US law allows prosecutors to charge Indian officials with foreign bribery. Actually, this is possible because any Indian company that does business in America will come under the purview of American law. Prosecutors also have broad powers over transactions involving US financial institutions. Prosecutors also alleged that Adani defrauded US investors by concealing alleged bribes.

Can Adani be arrested?

No. If Adani is in India, US prosecutors will have to ask the Indian government to extradite him/her under the terms of the extradition treaty between the two countries. This process of extradition will be handled by the court in India. Many factors will also be considered during this process. Like, is the crime for which the Adani Group was charged in the US also a crime in India? Are the charges politically motivated or could he/she face inhumane treatment in the US?

Can Adani appeal against extradition?

Absolutely. If Adani is appealed for extradition by the US Attorney, then he/she can fight a legal battle against it. It is unclear how long this process may take. Since Adani is accused of bribing Indian government officials, this could make extradition more politically complex.

Has Adani filed any petition yet?

No. Since Adani has not been arrested in this case, the Adani Group has not filed any appeal yet. Adani Group itself said in a statement on Thursday that the allegations of US prosecutors were baseless and the company is a law-abiding organization. Apart from this, Adani himself has not yet given any statement in this matter.

Can Adani appeal the charges in US court?

Absolutely can. However, until he/she appears in a US court, Adani’s lawyers can challenge the indictment only on procedural grounds. In this case, Adani will have to appear before a US judge, only after which his/her lawyers can fight against the prosecution’s allegations by arguing that. Their lawyers can argue to the judge that the allegations are legally flawed or lack any substance.

Do US prosecutors have any evidence?

Prosecutors in the US get the benefit of the doubt in the early stages of a case and judges are reluctant to dismiss cases before the jury has a chance to weigh the facts. Prosecutors have cited extensive evidence of the alleged crimes in the indictment, including in-person meetings with Indian officials and an extensive paper trail of cell phone and messaging app records.

Does Adani have any chance to get out of this tension?

Yes. Adani could also enter into a contract with US prosecutors if he/she agreed to plead guilty to certain crimes in exchange for a lighter sentence. However, prosecutors are not obligated to negotiate in this case. Any such deal will be recognized only when the judge gives his/her consent to it.

How long can the case against Adani continue in America?

Even if Adani is extradited or surrenders in America, the trial may take a long time. Adani’s lawyers will be entitled to litigate the admissibility of evidence and other legal questions before the trial begins. There will also be lawyers for his/her seven co-defendants, who may ask for separate trials. Under US law, Adani will be entitled to a speedy hearing within 70 days. However, he/she can waive his/her right to give his/her lawyers more time to fight the charges.

What punishment may Adani have to face?

If Adani is convicted in this case, he/she may have to face several years in jail as well as financial penalty. However, any sentence will ultimately depend on the judge overseeing the case. Adani faces up to 5 years in prison for foreign bribery and up to 20 years in prison for securities fraud, obstruction of justice and conspiracy. However, the 12-member jury will need to vote unanimously to convict Adani. Apart from this, Adani can appeal against this decision.

Sagar Adani used phone to track bribe

US prosecutors charged Gautam Adani, Adani Green director and Adani’s nephew Sagar Adani, and six others with alleged bribery and fraud related to green energy projects in India that benefited the tycoon’s company and India’s Azure Power, which is listed on the NYSE Was listed in. US officials alleged that Sagar Adani, executive director of Adani Green and nephew of Gautam Adani, used his/her mobile phone to track details of bribes paid to Indian officials. US officials said that in a meeting between some Adani and Azure executives in 2022, Gautam Adani detailed aspects of the bribery scheme, including steps he/she personally took to offer money to government officials .

How did US federal agents investigate and seize evidence?

In March 2023, special agents of the US investigative agency FBI contacted Sagar Adani with details of the ongoing grand jury investigation into the group and other entities. They took possession of the electronic devices in Sagar’s possession and issued him/her a search warrant and a grand jury summons. The search warrant identified crimes, individuals and entities under investigation by the US for violations of the Foreign Corrupt Practices Act, securities fraud and wire fraud.

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