Mumbai: Adani Group chairman Gautam Adani, along with seven others, has been indicted by U.S. prosecutors for allegedly paying bribes amounting to Rs 2,029 crore ($265 million) to officials in India to secure solar power contracts across four states and one union territory.

Among those implicated is Sagar Adani, Gautam Adani's nephew. However, the question arises: why is the U.S. involved in a case involving bribes allegedly paid in India?

The allegations

The bribes were reportedly paid between 2020 and 2024 to secure solar power contracts with state electricity distribution companies in Andhra Pradesh, Chhattisgarh, Odisha, Tamil Nadu, and Jammu and Kashmir.

The majority of these payments were allegedly directed at officials in Andhra Pradesh.

According to the U.S. indictment, Gautam Adani is identified as the founder and chairperson of an "Indian Energy Company," while Sagar Adani is listed as its executive director. The company, Adani Green Energy, allegedly collaborated with a "U.S. Issuer" to secure contracts for supplying 12 gigawatts of solar power to the state-owned Solar Energy Corporation of India (SECI).

The indictment claims SECI struggled to find buyers for this solar power, jeopardizing the deal. Allegedly, Adani Group and Azure Power, where two U.S.-linked individuals, Ranjit Gupta and Rupesh Agarwal, were employed, offered bribes to government officials to convince state distribution companies to purchase the power from SECI.

Legal action

U.S. prosecutors have issued arrest warrants for Gautam Adani and Sagar Adani, which may be handed over to foreign law enforcement agencies. Meanwhile, the Adani Group has denied the allegations, calling them baseless, and has announced plans to pursue legal action.

Why the US is involved?

According to an India Today report, the case has drawn the attention of U.S. federal authorities due to several factors:

Connection to U.S. Entities: Azure Power, linked to the accused individuals Gupta and Agarwal, is listed on the New York Stock Exchange (NYSE).

Alleged Misrepresentation to U.S. Investors: The indictment alleges that Adani Green Energy, in collaboration with the "U.S. Issuer," concealed critical information from U.S. banks and investors while raising billions for the solar energy project.

Violation of the FCPA: The Foreign Corrupt Practices Act (FCPA) prohibits bribing foreign officials to gain business advantages. One of Adani’s associates is charged with conspiracy to violate this law.

According to the indictment, Adani Green Energy raised $175 million from U.S. investors through a 2021 bond offering, allegedly making false claims about its anti-corruption practices.

The U.S. Securities and Exchange Commission (SEC) has also filed a parallel civil case on similar grounds.

The FCPA and its relevance

The FCPA, established in 1977 to curb corporate corruption, makes it illegal for companies operating in the U.S. to offer bribes to foreign officials. Though the alleged bribery occurred in India, U.S. authorities are investigating because the case involves American entities, investors, and the potential violation of U.S. law.