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Mukul Rohatgi Critiques US Bribery Charges Against Adani Group, Highlights Key Issues

Senior advocates Mukul Rohatgi and Mahesh Jethmalani critique the US indictment against the Adani Group, pointing out the absence of specific bribery allegations and the timing of the charges 

27-11-2024
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Senior lawyers Mukul Rohatgi and Mahesh Jethmalani have raised concerns over the recent charges filed in the US against Gautam Adani and his nephew, Sagar Adani, dismissing the accusations as lacking substance and clarity.

Rohatgi, in a media briefing on Wednesday, emphasized that the indictment does not accuse the Adanis of violating the US Foreign Corrupt Practices Act (FCPA), nor does it charge them with obstruction of justice. He pointed out that while the charges mention bribery in relation to securing solar power contracts in India, there is no specific mention of who the bribes were directed towards or how the bribes were made. "The indictment mentions bribery, but it does not name the recipients or the details of the transaction," Rohatgi said.

The indictment, which was filed last week, claims that the Adani Group planned to offer bribes amounting to Rs 2,029 crore to Indian government officials between 2020-2024. These alleged bribes were said to be concealed from US banks and investors who financed Adani's solar power project. However, Rohatgi pointed out that the charges fail to name the specific Indian entities involved or provide further details about the alleged bribery.

Jethmalani, another prominent lawyer, echoed similar concerns, stressing that the indictment refers only to a "conspiracy to bribe" without asserting that any bribery actually took place. He also suggested that the core issue centers on the issuing of bonds by Adani Green, with accusations that the company failed to disclose violations in India to bondholders. Jethmalani further questioned the timing of the indictment, which coincided with the lead-up to the winter session of Parliament, calling it "suspect" and accusing opposition parties of making unfounded demands for a Joint Parliamentary Committee (JPC) investigation.

Both lawyers rejected claims of any direct evidence against the Adanis, with Jethmalani dismissing the opposition's calls as "ill-conceived" in the absence of substantial proof. Adani Green, in its statement, denied allegations of bribery against the Adanis and their senior executive, Vineet Jaain, while acknowledging that they face other charges related to securities and wire fraud.

The legal debate continues as the Adani Group seeks to clarify the charges in the US courts.

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