Charges against Adani in bribery case may be dropped under Trump Presidency: US Attorney
New York (PTI): There remains a possibility that the USD 265 million bribery case against Indian billionaire Gautam Adani can be withdrawn if the charges against him are deemed “unworthy or defective” after Donald Trump takes over as the US President, a prominent Indian-American attorney has said.
Attorney Ravi Batra told PTI that while every new president has a new team, President-elect Trump as the 47th President of the US, who is forgoing FBI-checks for his Cabinet, will "neuter any prosecution that’s not based in good faith, but is what he has powerfully termed: “lawfare”.
“Essentially, that means the law is being applied selectively to target one’s opponents, which naturally denies the target of “equal protection of the law” guaranteed by our Federal constitution,” Batra said.
He added that “that is an issue Gautam Adani can raise with his government, and request them to raise bilaterally” with the incoming administration of Trump, who will be sworn in as the 47th US President on January 20, 2025.
"If the criminal or civil charges are deemed unworthy or defective, President Trump’s new Justice Department and SEC (Securities and Exchange Commission) can withdraw the criminal and civil cases,” Batra said adding that the “Law is a many splendored thing, as it can, and does, self-correct to retain public confidence in the noble judiciary and the rule of law."
"This principle also has application in the comity of nations, given the all-important prosecutorial discretion. Indeed, that’s how prisoner exchanges between nations occur. The President, as the federal executive, is constitutionally empowered to set foreign policy as well as prosecute through his state and justice departments, respectively.”
Batra also said that The bribery charge against Adani also raises the issue of extraterritorial application of American laws since the Indian tycoon and others involved in the case do not live here.
“While our domestic laws remain the same, a preliminary issue arises about extraterritoriality application of US laws,” Batra told PTI.
Last week, a five-count criminal indictment was unsealed in federal court in Brooklyn charging Gautam Adani, his nephew Sagar Adani and Vneet Jaain with conspiracies to commit securities and wire fraud and substantive securities fraud for their roles in a multi-billion-dollar scheme to obtain funds from US investors and global financial institutions on the basis of false and misleading statements.
Prosecutors said that the indictment “alleges schemes to pay over $250 million in bribes to Indian government officials, to lie to investors and banks to raise billions of dollars, and to obstruct justice.”
US Attorney for the Eastern District of New York Breon Peace had announced the charges. Peace was appointed by President Joe Biden as the 48th United States Attorney for the Eastern District of New York.
In the US, the President appoints a United States Attorney to each of the 94 federal districts across the country.
The US Attorney is the chief federal law enforcement officer in their district and is also involved in civil litigation where the United States is a party, according to the Department of Justice website.
In a parallel civil case, the SEC charged Gautam Adani and Sagar Adani and Cyril Cabanes, an executive of Azure Power Global Ltd., for conduct arising out of the massive bribery scheme.
According to the SEC’s allegations, the bribery scheme was orchestrated to enable the two renewable energy companies to capitalise on a multi-billion-dollar solar energy project that the companies had been awarded by the Indian government.
During the alleged scheme, Adani Green raised more than USD 175 million from US investors and Azure Power’s stock was traded on the New York Stock Exchange.
Last week, SEC announced that its Chair Gary Gensler will step down on January 20, 2025, the day Trump takes the oath of office.
Gensler was nominated by Biden to serve as SEC head in February 2021, confirmed by the U.S. Senate and sworn into office in April 2021.
On Monday, US Attorney for the Southern District of New York Damian Williams, who has served as the chief federal law enforcement officer in the district, announced his intention to resign from his position on December 13, over a month before Trump assumes charge.
Similar announcements from federal officials appointed by Biden are expected in the coming days and weeks as Trump brings in new appointees in his second term as US President. Trump, who won the presidential election earlier this month, has begun announcing his picks for cabinet, White House and staff positions for his second term. Trump has nominated Jay Clayton, who was the SEC Chairman during his first tenure in the White House, to serve as US Attorney for the Southern District of New York, Manhattan's top federal prosecutor. Presidential appointments require Senate confirmation.
In March 2017, during Trump’s first term as President, then US Attorney for the Southern District of New York Preet Bharara said he was “fired” from his post after he refused to quit.
Bharara was one of the 46 US attorneys appointed by former President Barack Obama who were asked to resign by the Trump administration. Months earlier in November 2016 after Trump won the Presidential election, he had asked Bharara to stay on in his position as US Attorney for the Southern District of New York.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
Supreme Court rejects plea for reverting to ballots in elections
New Delhi (PTI): The Supreme Court on Tuesday dismissed a petition seeking to revert to ballot paper voting in elections in the country.
"What happens is, when you win the election, EVMs (electronic voting machine) are not tampered. When you lose the election, EVMs are tampered (with)," remarked a bench of Justices Vikram Nath and P B Varale.
Apart from ballot paper voting, the plea sought several directions including a directive to the Election Commission to disqualify candidates for a minimum of five years if found guilty of distributing money, liquor or other material inducement to the voters during polls.
When petitioner-in-person K A Paul said he filed the PIL, the bench said, "You have interesting PILs. How do you get these brilliant ideas?".
The petitioner said he is the president of an organisation which has rescued over three lakh orphans and 40 lakh widows.
"Why are you getting into this political arena? Your area of work is very different," the bench retorted.
After Paul revealed he had been to over 150 countries, the bench asked him whether each of the nations had ballot paper voting or used electronic voting.
The petitioner said foreign countries had adopted ballot paper voting and India should follow suit.
"Why you don't want to be different from the rest of the world?" asked the bench.
There was corruption and this year (2024) in June, the Election Commission announced they had seized Rs 9,000 crore, Paul responded.
"But how does that make your relief which you are claiming here relevant?" asked the bench, adding "if you shift back to physical ballot, will there be no corruption?".
Paul claimed CEO and co-founder of Tesla, Elon Musk, stated that EVMs could be tampered with and added TDP chief N Chandrababu Naidu, the current chief minister of Andhra Pradesh, and former state chief minister Y S Jagan Mohan Reddy had claimed EVMs could be tampered with.
"When Chandrababu Naidu lost, he said EVMs can be tampered with. Now this time, Jagan Mohan Reddy lost, he said EVMs can be tampered with," noted the bench.
When the petitioner said everybody knew money was distributed in elections, the bench remarked, "We never received any money for any elections."
The petitioner said another prayer in his plea was the formulation of a comprehensive framework to regulate the use of money and liquor during election campaigns and ensuring such practices were prohibited and punishable under the law.
The plea further sought a direction to mandate an extensive voter education campaign to raise awareness and importance of informed decision making.
"Today, 32 per cent educated people are not casting their votes. What a tragedy. If democracy will be dying like this and we will not be able to do anything then what will happen in the years to come in future," the petitioner said.
