(Adds FBI comment paragraph 7, Adani Green statement paragraph
8)
NEW DELHI, Nov 27 (Reuters) - Indian billionaire Gautam
Adani has been indicted by U.S. prosecutors for conspiring with
executives of a formerly New York listed company to devise a
$265 million scheme to bribe Indian officials to boost their
solar energy business.
Adani and his executives have also been accused of making
false and misleading statements to investors and lenders in the
United States regarding the company's anti-bribery commitments
and practices while raising money from them.
Adani Group denied the allegations as "baseless", while
Indian government officials haven't commented so far.
Here is an overview of the investigation and allegations
revealed in the U.S. indictment:
WHAT ARE THE MAIN ALLEGATIONS?
U.S. prosecutors charged Gautam Adani, his nephew Sagar Adani
who is director at Adani Green, and six others in running an
alleged bribery scheme related to renewable energy projects in
India that benefitted the tycoon's company and India's Azure
Power, which was listed on the NYSE until late 2023.
In 2020, the indictment shows, executives of Adani Green and
Azure "knowingly and wilfully conspired" and agreed to
"corruptly" offer, authorise and pay bribes to government
officials in India to "obtain or retain business advantages".
"Gautam S. Adani and seven other business executives
allegedly bribed the Indian government to finance lucrative
contracts," said FBI Assistant Director in Charge James E.
Dennehy.
Adani Green on Nov. 27 said Gautam Adani has been charged
on three counts in the criminal indictment for alleged
securities fraud conspiracy, wire fraud conspiracy and
securities fraud, but not the U.S. Foreign Corrupt Practices
Act.
Between 2021 and 2024, Adani raised more than $3 billion in
loans and bonds, including from investors in the United States.
"Gautam and Sagar Adani were engaged in the bribery scheme
during a September 2021 note offering by Adani Green that raised
$750 million, including approximately $175 million from U.S.
investors," the U.S. Securities and Exchange Commission said.
The Adanis earlier this year made misleading statements to
the public, the Indian stock exchange and investors despite
being made aware of the U.S. investigation in 2023, the
prosecutors alleged.
HOW WERE BRIBES TRACKED, PAID?
Sagar Adani, executive director of Adani Green and nephew of
Gautam Adani, used his mobile phone to track details of the
bribes offered to Indian officials, U.S. authorities alleged.
In a meeting between some Adani and Azure executives in
2022, Gautam Adani detailed aspects of the bribery scheme
including steps he personally took to offer money to government
officials, the U.S. authorities said.
Executives from Azure also prepared an analysis using Excel
and PowerPoint to summarise the different ways in which it could
repay Adani Green for the bribes it had paid to benefit both
companies. For one of the projects of 2.3 gigawatts of power,
the bribe was calculated at around $30,000 per megawatt.
One way discussed was to describe the payment internally at
Azure as a "development fee", but it instead used another option
of getting Azure to transfer one of its projects to Adani in
lieu of part of the payment, U.S. authorities alleged.
Azure in a statement said former officers of the company
referenced in the U.S. indictment were no longer associated with
the company, and the company continued to cooperate with U.S.
authorities.
WHAT WERE THE POWER PROJECTS IN QUESTION?
U.S. authorities called the dealings in their indictment
"The Corrupt Solar Project".
Between 2019 and 2020, Adani Green and Azure were awarded
renewable energy tenders by Solar Energy Corporation of India
(SECI), a federal government-owned entity.
U.S. authorities alleged Adani and others devised a scheme
to bribe Indian state officials to enter into agreements with
SECI, "which would benefit" Adani subsidiaries and Azure.
Adani facilities in Rajasthan and Gujarat states in India
supplied the power contracted in the Adani deals. One of those
marquee projects is the
Adani energy park in Khavda
, which the company says is the world's biggest renewable
energy project.
HOW DID U.S. FEDERAL AGENTS INVESTIGATE, SEIZE EVIDENCE?
In March 2023, FBI special agents approached Sagar Adani
with details of the grand jury's ongoing investigation into the
group and other entities. They took custody of electronic
devices in Sagar's possession and served him with a search
warrant and grand jury subpoena.
The search warrant identified offences, individuals and
entities under investigation by the U.S. for violations of the
Foreign Corrupt Practices Act, securities fraud, and wire fraud.
WHAT'S NEXT FOR THE ADANI GROUP?
Adani Group in a statement said it would seek "all possible
legal recourse". The grand jury in its order said if any of the
executives were found guilty of the charges they would have to
forfeit any property or proceeds derived directly or indirectly
as a result of the offences.
Federal prosecutors have also issued arrest warrants for
Gautam and Sagar Adani. The U.S. Securities and Exchange
Commission has
issued summons
to Gautam Adani and his nephew Sagar to answer the
allegations.
Gautam and Sagar have not been arrested and their
whereabouts are unknown, though they are believed to be in
India.