US agencies charge Adani with fraud to secure solar energy contracts in India

The United States Securities and Exchange Commission (SEC) and the Attorney’s Office have filed serious charges against Indian billionaire Gautam Adani, accusing him of orchestrating a large-scale bribery and fraud scheme. The allegations focus on actions taken to secure lucrative solar energy contracts in India between 2020 and 2024, with more than $250 million in bribes allegedly promised to Indian government officials.

The investigation highlights that Adani, along with his nephew Sagar Adani and several other executives, played central roles in what US authorities describe as a coordinated effort to defraud investors and financial institutions. The scheme reportedly involved misrepresenting the anti-corruption policies of Adani Green Energy Ltd. and Azure Power Global Ltd. to obtain significant financing, including from US-based investors.

Details of the allegations

The charges stem from what US prosecutors term as a complex bribery operation designed to secure solar energy supply contracts with the Indian government. The contracts, projected to generate more than $2 billion in after-tax profits over a 20-year period, were allegedly obtained through illicit payments. Investigators claim that Adani and other executives held multiple meetings to plan and execute the scheme, often communicating through encrypted messaging applications to discuss its details.

The indictment highlights the extensive documentation of the scheme. Sagar Adani reportedly used his phone to track the bribes offered and promised to Indian officials. Vneet S. Jaain allegedly photographed key documents outlining the bribery amounts, while Rupesh Agarwal is said to have prepared detailed analyses using PowerPoint and Excel on methods to pay and conceal the illicit payments. These materials reportedly formed part of the evidence collected by US authorities.

In addition to the bribery allegations, Gautam and Sagar Adani are accused of conspiring to misrepresent Adani Green Energy’s compliance practices to US investors and international financial institutions. These misrepresentations were allegedly critical in securing $175 million from US investors through a bond offering in 2021. Adani Green is said to have falsely claimed robust anti-bribery policies in its financial disclosures, concealing the corrupt practices from stakeholders.

Criminal and regulatory charges

The Attorney’s Office in Brooklyn has charged Gautam and Sagar Adani, along with Vneet S. Jaain, with conspiracy to commit securities and wire fraud. Additional charges have been filed against other individuals, including Ranjit Gupta and Rupesh Agarwal, former executives of Azure Power, and Cyril Cabanes, a former member of Azure Power’s board. These individuals face accusations of violating the US Foreign Corrupt Practices Act (FCPA) by authorising bribes and obstructing investigations.

The SEC has also filed civil charges against Gautam and Sagar Adani, alleging violations of federal securities laws. The charges seek permanent injunctions, civil penalties, and bars on holding officer or director positions. The SEC claims the bribery scheme was designed to facilitate a multi-billion-dollar solar energy project in India and defraud investors.

Cyril Cabanes, who allegedly authorised bribes while serving on Azure Power’s board, has also been charged under the FCPA. According to the SEC, Cabanes played a pivotal role in enabling the scheme while operating in the United States and abroad.

Political ramifications in India

The charges have reignited political debates in India, with the Indian National Congress (INC) calling for a Joint Parliamentary Committee (JPC) investigation into the Adani Group’s activities. Congress leaders have linked the allegations to their longstanding claims of a nexus between Prime Minister Narendra Modi and Gautam Adani, often referred to as “Modani.”

Congress has criticised the Securities and Exchange Board of India (SEBI) for its perceived inaction in investigating financial irregularities involving the Adani Group. They argue that the SEC’s decisive actions expose SEBI’s inability to hold the group accountable for alleged violations, including questions about the sources of its investments and the use of shell companies.

The party has also raised concerns about the growing monopolisation of key sectors of the Indian economy by the Adani Group. It claims that this concentration of economic power contributes to inflation and poses foreign policy challenges, particularly in India’s immediate neighbourhood.

Broader implications

The charges filed by US authorities mark a significant development in international regulatory oversight and corporate governance. If proven, the allegations could have severe consequences for Gautam Adani, his business empire, and the Adani Group’s reputation.

The case underscores the increasing scrutiny of global companies operating across jurisdictions. The Adani Group’s financing practices, particularly the alleged misrepresentation of its anti-bribery policies, could lead to stricter regulatory oversight for multinational corporations.

Furthermore, the allegations have brought renewed attention to the role of Indian regulators in monitoring corporate misconduct. Observers suggest that the SEC’s aggressive pursuit of the case could influence future investigations by Indian authorities.