US Securities and Exchange Commission (SEC) would need to serve summons on Adani Group Founder and Chairman Gautam Adani and his nephew Sagar Adani, regarding alleged payoffs of $265 million (Rs220 billion), through appropriate diplomatic channels. It was emphasised that the SEC lacks jurisdiction to directly summon foreign nationals. Instead, the request must adhere to established protocols, such as routing through the Indian Embassy in the US and complying with other diplomatic formalities.

The SEC reportedly seeks the Adanis’ explanation regarding allegations of bribes paid to secure profitable solar power contracts. However, as clarified by two sources familiar with the matter, any legal communication must comply with the procedures outlined in the 1965 Hague Convention and the Mutual Legal Assistance Treaty between India and the US. The sources added that the summons, part of a legal dossier filed by the SEC in a New York court, would likely take time before being formally served.

According to the notice issued by the SEC on 21 November through the New York Eastern District Court, the recipients would be required to respond within 21 days of being served. The notice warned that failing to respond could result in a default judgment being entered against them for the relief sought in the complaint. It also directed that the answer or motion be filed with the court.

The indictment, unsealed in a New York court, alleges that Gautam Adani, 62, and seven other defendants, including Sagar Adani—director at the group’s renewable energy arm, Adani Green Energy Ltd—agreed to pay approximately $265 million in bribes to Indian government officials between 2020 and 2024 to secure favourable solar energy supply contracts, anticipated to generate $2 billion in profits over 20 years.

Separate from the US Department of Justice’s indictment, the SEC has also accused the Adanis and Cyril Cabanes, an executive at Azure Power Global, of misconduct linked to an extensive bribery scheme. The Adani Group has denied these allegations, stating it would pursue all available legal remedies. The group reaffirmed its commitment to governance, transparency, and regulatory compliance across all jurisdictions and assured stakeholders of its law-abiding principles.

An indictment in the US serves as a formal written allegation initiated by a prosecutor and issued by a grand jury against the accused. It provides the individuals indicted with formal notice, allowing them to prepare a defence. The prosecutors stated that the investigation began in 2022 but was hindered by attempts to obstruct the inquiry.

They further alleged that the Adani Group had raised $2 billion in loans and bonds, including from US-based firms, based on misleading statements about its anti-bribery policies and the ongoing bribery investigation. US Attorney Breon Peace, in announcing the charges, claimed that the defendants orchestrated a complex bribery scheme to secure multi-billion-dollar contracts and subsequently misrepresented the situation while raising capital from investors in the US and internationally.