Former Attorney General Mukul Rohatgi: No bribery charges against Gautam Adani and his nephew in US indictment

New Delhi: In the indictment filed by U.S. prosecutors in a bribery case, industrialist Gautam Adani and his nephew Sagar Adani were not named in the main bribery or obstruction of justice charges, according to Senior Counsel and former Attorney General of India Mukul Rohatgi on Wednesday.

In a filing with the stock exchanges earlier today, the Adani Group Energy Limited (AGEL) denied bribery charges brought by the US Department of Justice and the US Securities and Exchange Commission against Gautam Adani, the group’s founder and chairman, his nephew Sagar Adani, and MD CEO Vineet Jaain of Adani Green Energy. AGEL referred to media stories on the alleged corruption and bribery charges against Adani executives as “incorrect” in their filing.

“I have dealt with this indictment from the United States court. There are, in my opinion, five counts or charges. Although charges one and five are more significant than the rest, neither Mr. Adani nor his nephew are accused in any count, Rohtgi said.

The senior attorney said that these were his own legal opinions. “I do not represent the Adani Group as a spokesperson. As an attorney, I have represented the Adani Group in a number of issues,” he said.

“The indictment’s first count is against a few other people, excluding the two Adanis. It consists of one foreigner and a few of their officers.The first charge, which was formulated by the US Parliament, is that there is a conspiracy to violate the Foreign Corrupt Practices Act. The former Attorney General of India said that while the Adanis are not identified, their officials may be.

“There are two or three other counts relating to securities and bonds,” he said in further detail. The Adanis and others are mentioned in those three tallies.This charge sheet claims that these individuals, including Adanis, have bribed Indian officials in Indian entities involved in the purchase and supply of power. However, I am unable to locate any information regarding the identity of the bribed individual, the manner of the bribery, or whether the official is affiliated with a particular department. “I don’t know how one can respond to this kind of chargesheet, because it’s completely silent,” he stated.

Individual charges against a defendant are referred to as counts in a formal indictment.

According to Rohtagi, Adani was charged with two offenses pertaining to bonds and security.

In terms of Indian criminal legislation, it is comparable to a chargesheet. One count is against some other people, excluding the two Adanis. This is the “Conspiracy to Violate the Foreign Corrupt Practices Act,” or “FCPA,” which is comparable to the Indian Parliament’s “Prevention of Corruption Act.” Therefore, the first accusation is that the US Parliament created a conspiracy to violate the FCPA. The Adanis aren’t given names. Adani and others are included in two more security and bond-related offenses. The last count pertains to obstruction of justice and is a crucial count. The Adanis are not identified in that count, which is number five,” he said.

Additionally, Rohatgi said that the chargesheet does not provide any specifics about any alleged bribery, nor does it specify who committed the conduct or who was bribed.

“These are my own opinions. Finally, I want to share something that has been bothering me. Since the charge sheet claims that these individuals, including Adani, have bribed Indian officials in Indian entities related to the supply and purchase of power, you can see that so-and-so has committed such an act and bribed specific individuals. However, the charge sheet does not include any information on who was bribed or how, and I do not see any mention of an official from a particular department. Rohatgi said, “This charge sheet is silent.”

According to the AGEL’s exchange filing, Gautam Adani, Sagar Adani, and Vneet Jaain are not included in the DoJ Indictment’s five charges, and they are not included in Count One, “Conspiracy to Violate the FCPA.” Additionally, these three names are not included in Count Five, “Conspiracy to Obstruct Justice.”