Crime

SEC Tells US Court India Yet to Serve Summons to Adanis in Bribery Case

The SEC had invoked Article 5(a) of the Hague Convention to formally request India’s help in serving the summons and complaint in the civil fraud case against the Adanis.

SEC Tells US Court India Yet to Serve Summons to Adanis in Bribery Case

PM Narendra Modi and Gautam Adani (second from right, 1st row) at the Rising Rajasthan Summit in Jaipur in December last year. Photo via X.

The US Securities and Exchange Commission (SEC) has informed a federal court in New York that the Indian government has yet to serve summons to billionaire Gautam Adani and his nephew Sagar Adani, nearly six months after being approached for assistance under the Hague Convention.

In a letter dated June 27, the SEC submitted its third status update of the year to the Eastern District of New York, noting that although India’s Ministry of Law and Justice (MoLJ) had acknowledged receipt of the commission’s request and forwarded it to the appropriate judicial authorities, there has been no confirmation that service has been completed.

The SEC had invoked Article 5(a) of the Hague Convention to formally request India’s help in serving the summons and complaint in the civil fraud case against the Adanis.

The agency stated that it had also sent copies of the complaint and waiver requests directly to the legal representatives of the Adanis.

“Since the April Status Update, the SEC has corresponded with the India MoLJ concerning the efforts of the relevant Indian judicial authorities to serve the Summons and Complaint on Defendants, but the SEC understands that those authorities have not yet effected service,” the commission wrote in its latest filing.

The summons were originally issued on November 22, 2024, just two days after US authorities unsealed parallel criminal and civil proceedings targeting multiple individuals, including Gautam Adani, Sagar Adani, and several former executives of Adani Green Energy, Indian renewable firm Azure Power, and the Canadian pension fund Caisse de dépôt et placement du Québec (CDPQ).

According to the US Department of Justice, the accused allegedly funneled over $250 million in bribes to Indian government officials between 2020 and 2024 to secure lucrative solar energy contracts. In the civil suit, the SEC has charged the Adanis with multiple violations of anti-fraud provisions under US federal securities law.

Former CDPQ executive Cyril Cabanes was also named in the SEC’s action for violating the Foreign Corrupt Practices Act (FCPA).

Although speculation has emerged about a possible settlement following Donald Trump's return to the White House and his executive order suspending FCPA enforcement, no formal developments have been made public.

It is important to note that the charges brought by the SEC against the Adanis are not based on FCPA violations but rather on wire fraud and securities fraud.

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