Rama Krishna Sangem
Beleaguered billionaire Gautam Adani can expect relief from bribery cases against him in a New York court only after Donald Trump takes over as the President of the US on January 20, 2025.
There remains a possibility that the $265 million bribery case against Indian billionaire Gautam Adani can be withdrawn if the charges against him are deemed unworthy or defective after Donald Trump takes over as the US President, a prominent Indian-American attorney has said.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.
Trump can withdraw charges against Adani
“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.
