Can Indian billionaire Gautam Adani be tried in the US for Indian ‘crimes’? | Crime News

It’s a tumultuous time for Gautam Adani, the billionaire chairman of one of India’s largest conglomerates, the Adani Group, and one of the world’s richest men.

The United States Securities and Exchange Commission (SEC) has accused Adani and others of conspiring to bribe Indian government officials with nearly $265m to secure contracts and develop India’s largest solar power project.

US prosecutors in November indicted Gautam Adani, his nephew Sagar Adani and five others. The Adani Group has rejected these claims, calling them baseless.

Amidst all this, Adani remains defiant. “It is not the first time we have faced such challenges … every attack makes us stronger and every obstacle becomes a stepping stone,” Adani said Sunday at an awards ceremony he attended in the western Indian city of Jaipur, his first public appearance. after being charged.

Issues of prosecution and law

A grand jury case means that a sympathetic judge, as well as a jury, is convinced that there is enough evidence to warrant an ongoing investigation and possibly proceed with a trial, Irfan Nooruddin, the US SEC’s chief corruption officer, told Indian news outlet The Print. . However, the scope of a grand jury indictment is lower than that of a trial, he added.

The latest allegations also highlight the complexity of the law.

India’s top lawyer Vikas Pahwa told Al Jazeera, “The Prevention of Corruption Act [PCA] mandates that bribery investigations involving Indian officials be conducted by Indian authorities such as the CBI [Central Bureau of Investigation]. Examinations, if any, may also fall under Indian jurisdiction. “

However, the US’s International Corrupt Practices Act (FCPA) governs bribery activities involving US-linked businesses, such as those that operate US financial systems or target US investors.

Allegations against Adani and others include violations of anti-bribery provisions and misleading US investors during a $600m bond offering (which was withdrawn when the charges became public).

While this establishes a strong US power, such cases must comply with international legal principles and respect India’s sovereignty, Pahwa noted.

Since both nations have signed mutual legal assistance agreements (MLATs), they need to cooperate to ensure that evidence meets international standards.

“Adani’s defense may argue the lack of direct US connection with the alleged activities and emphasize compliance with India’s anti-corruption laws,” Pahwa added. That is, if the investigation in India clears Adani and his co-accused in these cases, that will work in their defense in the US, he said.

As for the next steps, the US needs to issue a formal extradition request to the Indian government to bring the accused to the US for trial. Earlier this month, New Delhi said it had not received such a request. There has been no news from the government since then.

In order for Adani to continue its defense, it will have to present its case in a US court. It is unclear whether he would have done so. He will have the right to a speedy trial within 70 days if he seeks his trial in an American court.

Niranjan Adhikari, managing attorney at Washington-based Adhikari Law, says, “They can start the trial in absentia and issue notices to the defendants if they don’t appear within the stipulated time”, which the judge set in. time of trial.

US Attorney Breon Peace, who disclosed the charges, could issue warrants for the arrest of Adani and his co-conspirators. In the event of such an international notice or warrant, they can be arrested outside India (Interpol has no jurisdiction inside India), curtailing their travel.

Since India and the US have an extradition treaty, India is obliged to consider the request when it comes.

This process will be handled by an Indian court, which will have to consider several things including whether the case against him in the US is a crime in India, whether the cases are politically motivated or face inhumane treatment in this country. the US.

However, export cases are often extended, and Adani can fight it.

Adani is considered close to Indian Prime Minister Narendra Modi and that relationship could help him clear the charges in India, critics say. For now, the government has chosen to distance itself and said “this is a legal matter involving private firms and individuals and the US Department of Justice. We are not a part of it in any way at this point,” Indian External Affairs Ministry spokesperson Randhir Jaiswal told reporters during a press conference on November 29.

A jury of 12 would have to vote unanimously to convict Adani, and he could appeal the decision against him.

He could face decades in prison if convicted, but he will probably get much less time. He may face financial penalties. Any sentence will ultimately rest with the judge presiding over the case.