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Adani's charges dropped on a technicality, not a finding of innocence

  • 2 hours ago
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A US court dismissed criminal charges against Gautam Adani and Sagar Adani with prejudice, but only on narrow "puffery" grounds. The judge rejected DOJ's jurisdictional argument outright and found the investor-deception claim unsupported. No evidence was tested, no findings made on the underlying bribery allegations, dismissal, not vindication. By Mahima Katal New Delhi, Aug 10: A US federal court has dismissed with prejudice the criminal charges against Adani Group chairman Gautam Adani, his nephew Sagar Adani, and former Adani Green Energy CEO Vneet Jaain, closing nearly two years of proceedings over an alleged $250 million bribery-for-contracts scheme. The dismissal is final. The reasoning behind it is narrower than the public conversation around the case suggests, and the distinction matters.



The US District Court for the Eastern District of New York granted the Justice Department's Rule 48(a) motion to dismiss the indictment, which had alleged securities fraud conspiracy, wire fraud conspiracy, and securities fraud. Judge Nicholas Garaufis did not grant the motion automatically. He required the DOJ to publicly justify its reasons for abandoning the case and required the defendants to file sworn declarations confirming there had been no promise, offer, quid pro quo, or undisclosed agreement connected to the government's decision. That level of procedural insistence is not typical of a routine Rule 48(a) dismissal, where courts ordinarily defer heavily to prosecutorial discretion. Garaufis's own order acknowledges that judicial review of such decisions is limited, which makes the additional scrutiny he imposed here more notable, not less.


The government offered three grounds for dismissal. The first was jurisdictional: that the alleged conduct occurred predominantly in India, creating significant risk under US securities law. Garaufis rejected this argument outright. He noted that the indictment itself alleged that investor funds were committed in the United States and that the relevant transactions moved through the US financial system, directly undercutting the government's own case for why the prosecution should not proceed in a US court. The second ground concerned the absence of alleged deception directed at sophisticated investors. The court found this insufficiently supported as well, though it did not need to resolve the question, since the third ground was sufficient on its own to dismiss all three counts.


That third ground is where the dismissal actually rests. The court accepted the DOJ's argument that Adani Green's public statements regarding its anti-bribery policies and corporate compliance amounted to "inactionable puffery", statements broad and aspirational enough that no reasonable investor could have relied on them as specific representations of fact. This is a recognised doctrine in US securities law, not an unusual or improvised basis for dismissal. Courts routinely decline to treat generalised corporate assurances as actionable fraud when they lack the specificity required for reasonable investor reliance. On that basis alone, the three fraud conspiracy counts were dismissed.


What the order does not do is adjudicate the underlying allegations. No witnesses were examined. No evidence was tested at trial. Garaufis's order is explicit that the dismissal does not constitute a finding on the conduct alleged in the indictment whether the $250 million bribery scheme, or the alleged solar power contracts secured through it, occurred as described. The court simply did not reach that question, because it did not need to.

Garaufis also addressed, without being asked to, whether Adani's November 2024 pledge to invest $10 billion in the United States had any bearing on the DOJ's decision to seek dismissal. He stated he was satisfied that it had not factored into the government's reasoning.


That a judge chose to record this explicitly, in a case already drawing significant public attention, suggests an awareness of how the timing and optics of the decision would be read.

The DOJ's own submission characterised the original indictment filed in November 2024, during the closing weeks of the Biden administration as a politically motivated exercise with little realistic prospect of proceeding to trial. The court's order does not adopt that characterisation. It accepts a narrow, technical basis for dismissal while independently rejecting the government's central jurisdictional argument, which is a different and more limited outcome than the DOJ's own framing implies.


In a parallel development, the Securities and Exchange Commission's separate civil action against Gautam Adani was resolved through a consent judgment, under which he agreed to pay a $6 million civil penalty without admitting the underlying allegations. The structure mirrors the criminal dismissal: resolution without adjudication on the merits.

Adani, in a statement posted on X, described the outcome as a matter of faith in "truth, fairness and the rule of law." The Adani Group has consistently denied the criminal allegations since they were first made, maintaining throughout that it acted in accordance with applicable laws and regulatory requirements.


None of this diminishes the legal significance of the outcome for the defendants. Dismissal with prejudice is permanent — the three counts cannot be refiled. But the court's rejection of the government's jurisdictional theory, combined with its explicit refusal to make findings on the merits, leaves the broader legal questions in the case unresolved rather than settled. The order closes a prosecution. It does not close the question of what happened.

 
 
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