There is a possibility that the USD 265 million bribery charges against Indian billionaire Gautam Adani could be withdrawn if deemed unworthy after Donald Trump becomes President, an Indian-American attorney has stated.

Attorney Ravi Batra explained that with each new president comes a new team, and President-elect Trump, who will take office on January 20, 2025, is expected to review existing cases carefully. Trump’s administration may decide to dismiss prosecutions they consider lacking good faith. Batra referred to this as “lawfare,” where the law is used selectively to target opponents, which undermines the constitutional right to equal protection under the law.

Batra suggested that Adani could bring this issue up with his government, which may raise it with the incoming Trump administration. He emphasized that if the charges are deemed weak, Trump’s Justice Department and the Securities and Exchange Commission (SEC) could choose to drop both criminal and civil cases.

Batra also discussed the potential for the charges to raise concerns about the extraterritorial application of U.S. laws, given that Adani and others involved do not live in the United States.

Recently, a federal indictment revealed charges against Gautam Adani, his nephew Sagar Adani, and Vneet Jaain. The indictment accused them of conspiracy, securities fraud, and wire fraud related to a multi-billion-dollar scheme to mislead U.S. investors and global financial institutions. The charges included claims of bribing Indian government officials with over $250 million.

The U.S. Attorney for the Eastern District of New York, Breon Peace, announced the charges, and in a separate civil case, the SEC filed similar charges against Adani and others involved in the scheme, which allegedly aimed to benefit from a multi-billion-dollar solar energy project in India.

Meanwhile, SEC Chair Gary Gensler will step down on January 20, 2025, the same day Trump takes office. Other federal officials, including Damian Williams, the U.S. Attorney for the Southern District of New York, are also expected to resign as Trump prepares to bring in new appointees for his second term.

Trump has already begun naming his picks for his cabinet and key staff positions for the upcoming term. Notably, he has nominated Jay Clayton, former SEC Chairman, to serve as U.S. Attorney for the Southern District of New York, a role requiring Senate confirmation.

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