The Back And Forth Continues
Silly?
Warranted?
Somewhere in between?
Who knows.
But the back and forth between the DOJ and Judge Nicholas Garaufis (E.D.N.Y.) in connection with the DOJ’s consent motion to dismiss in US v. Adani et al continues.
Earlier this week, Judge Garaufis granted the DOJ’s motion to dismiss fraud charges against certain defendants (even though he disagreed with the vast majority of the DOJ’s positions), while at the same time rejecting the DOJ’s motion to dismiss FCPA and obstruction charges against certain other defendants. (See here for the prior post).
A Closer Look At Judge Garaufis’s Decision Not To Dismiss The FCPA Charges
In 2024, the DOJ criminally charged various individuals in connection with an alleged Indian bribery scheme. (See here for the prior post).
This recent post highlighted how Judge Nicholas Garaufis (E.D.N.Y.) granted the DOJ’s motion to dismiss various non-FCPA fraud charges against certain defendants.
However, Judge Garaufis denied – for the moment – the motion to dismiss FCPA and obstruction charges against certain other defendants.
Regarding the “FCPA Charges against Non-Appearing Defendants,” Judge Garaufis wrote:
Judge Dismisses Fraud Charges Against Adanis – FCPA Charges Against Other Defendants Remain
In 2024, the DOJ criminally charged various individuals in connection with an alleged Indian bribery scheme. (See here for the prior post).
Gautam Adani (a citizen of India and founder of the Adani Group which includes numerous portfolio companies including Adani Green Energy – and Indian energy company) was charged with securities fraud conspiracy, securities fraud, and wire fraud conspiracy.
Sagar Adani (a citizen of India and Gautam Adani’s nephew and Executive Director of Adani Green’s Board of Directors) was charged with securities fraud conspiracy, securities fraud, and wire fraud conspiracy.
Checking In On The Adani Matter
Several posts in late June and July (see here, here, here, here) checked in on the U.S. v. Adani et al matter and the pending DOJ consent motion requesting that U.S. District Court Judge Nicholas Garaufis (E.D.N.Y.) dismiss the action.
Gautam Adani, Sagar Adani, and another defendant are not charged with FCPA offenses in connection with an alleged Indian bribery scheme (but rather securities fraud conspiracy and wire fraud conspiracy).
Five other defendants in the matter though are charged with FCPA violations (as well as other charges).
Adani Responds
This prior post highlighted the on-going saga in U.S. v. Adani et al in connection with an alleged Indian bribery scheme (see here for the original post).
Gautam Adani, and others, were charged with securities fraud conspiracy and wire fraud conspiracy and several other defendants were charged with conspiracy to violate the FCPA’s anti-bribery provisions, among other charges.
In deciding whether to dismiss the action – per the DOJ’s request – Judge Nicholas Garaufis (E.D.N.Y.) directed Adani to respond to the following questions by sworn affidavit: