NEW DELHI, Nov 21 (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 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 with
alleged bribery and fraud 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 unsealed indictment from Wednesday 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".
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.
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 Adani Green offering materials included
statements about its anti-corruption and anti-bribery efforts
that were materially false or misleading," 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.
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.
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.
The project involved building solar plants in several Indian
states.
U.S. authorities alleged Adani and others devised a scheme
to bribe Indian state government officials to enter into
agreements with SECI, "which would benefit" Adani subsidiaries
and Azure.
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".
Indian lawyers said there was a possibility the matter could
be settled between the Indian tycoon and U.S. authorities, and
the billionaire can also seek a dismissal of the indictment.
Debopriyo Moulik, a criminal lawyer in New Delhi, said that
since an arrest warrant had been issued by U.S. authorities,
they would have to approach the Indian government through the
Indian embassy to execute it.
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.