Gautam Adani will file a sworn affidavit in a U.S. federal court this week stating whether he is aware of any agreement or benefit tied to the Justice Department’s decision to dismiss a criminal indictment against him. The filing is due by July 15, as ordered by U.S. District Judge Nicholas Garaufis.
Court seeks clarity on dismissal terms
The judge directed Adani to disclose any promise, offer, or exchange linked to the dismissal of charges under the Foreign Corrupt Practices Act (FCPA). The Adani Group has declined to comment, citing the matter as sub judice.
Principal Associate Deputy Attorney General R. Trent McCotter, the sole decision-maker behind the dismissal, denied media reports suggesting the move was influenced by Adani’s planned $10 billion U.S. investments. He called the securities fraud case "indefensible," noting most alleged conduct occurred in India, where authorities found no actionable misconduct.
DOJ cites legal and jurisdictional hurdles
McCotter argued the case lacked U.S. jurisdiction, as key evidence and witnesses were abroad, and defendants were unlikely to appear in court. He also stated the FCPA charges no longer aligned with Trump-era enforcement priorities, which prioritize national security and transnational crime.
The indictment, filed in 2024 under the Biden administration, accused Adani and seven others of bribing Indian officials to secure power contracts and misleading U.S. investors. Adani has denied all allegations. The court must verify the DOJ’s reasons for dismissal before ruling on the motion.
