Skip to main content

Is hiding promise of bribe in India a crime in US? That's what CNN reports on Adanis

By Rajiv Shah 
A top ex-bureaucrat -- whom I know as one of the most reasonable analysts -- has forwarded me a CNN story  titled "Billionaire Gautam Adani indicted in New York on bribery charges". The ex-official has wondered why is Indian media quiet about the news. I can't say why India media is quiet, but, written by  Ramishah Maruf, and datelined New York, the story quotes a US Department of Justice statement as saying that Adani and other executives were "indicted" in New York for "roles" in a multi-billion-dollar fraud scheme.
And what are these "roles"? As I went ahead reading the story, I found it stating that Adani and seven other senior business executives, including his nephew Sagar Adani, "promised" more than $250 million in bribes to Indian government officials to secure solar energy contracts. "Promised, that too in India? And not given? I wondered. How could that be a crime in America, unless they tried to do it in the US?
The story quotes Deputy Assistant Attorney General Lisa Miller's statement stating that those bribes were “to lie to investors and banks to raise billions of dollars, and to obstruct justice.” It adds, "Adani personally met with an Indian government official to advance the scheme, which took place between 2020 to 2024. The defendants frequently met and discussed the bribery scheme, including evidence on several phones."
The story continues, quoting the statement by Miller, "Some of that documentation included a cell phone to extensively track specific details on the bribes, a photograph of a document summarizing various bribe amounts and PowerPoint and Excel analyses that summarized various options for paying and concealing bribe payments.”
But was Adanis' crime, that too in the US, I didn't understand. So, as I read through, I found the story summarised the crime, quoting Miller, in the following words: "Adani and his associates tried to hide these bribery schemes from US investors in order to obtain financing, including to fund those solar energy supply contracts procured through bribery.”
So hiding the promise committed in India to raise funds in the US is crime in the American scheme of things? Wow! And how were the Adanis' going to gain by hiding in the US the promise to give a bribe in India? Says the story: "The solar energy supply contracts were projected to raise more than $2 billion in profits after tax over an approximately 20-year period."
Be that as it may, just back from US, where election fever was on full swing -- whether on podcasts or on television networks -- what particularly surprised me is, the alleged promise of bribery has been made an issue in US, where the other name of bribery is lobbying.  Indeed, open lobbying for politicians and funding anything and everything!
And is it legal? I haven't studied the US law carefully, but I am reminded of what Karl Marx said about capitalists -- which I read decades ago during my involvement as a student in the Left student movement in Delhi University in early 1970s. 
Pointing out how capitalists, historically, have played a most revolutionary part", Marx said, wherever they have got the upper hand , they have put an end to all "idyllic relations", pitilessly tearing apart asunder the motley ties "that bound man to his 'natural superiors",' converting all relations nexus between man and man into "naked self-interest, callous 'cash payment'."
To capitalists, believed Marx, the "icy water of egotistical calculation" is important for resolving "personal worth into exchange value", placing "the numberless indefeasible chartered freedoms, has set up that single, unconscionable freedom—Free Trade." 
And for this they have "stripped of its halo every occupation hitherto honored and looked up to with reverent awe" converting all --  physician, the lawyer, the priest, the poet, the man of science -- into their "paid wage laborers."
So, what's the difference between what Adanis have done and what capitalists do in the US? Why is the American establishment singling out Adani, when all know what's happening in the name of lobbying happening in the US? Is it worried that, by using whatever means available (which is what capitalists always seek to do), Indian capitalists will start competing with those in America?
For more an the alleged indictment click here. Meanwhile, Indian media has started doing stories (click here and here) on the this, particularly focusing on how Adani shares have been  impacted as a result of the "indictment" (click here and here).

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Jayanthi Natarajan "never stood by tribals' rights" in MNC Vedanta's move to mine Niyamigiri Hills in Odisha

By A Representative The Odisha Chapter of the Campaign for Survival and Dignity (CSD), which played a vital role in the struggle for the enactment of historic Forest Rights Act, 2006 has blamed former Union environment minister Jaynaynthi Natarjan for failing to play any vital role to defend the tribals' rights in the forest areas during her tenure under the former UPA government. Countering her recent statement that she rejected environmental clearance to Vendanta, the top UK-based NMC, despite tremendous pressure from her colleagues in Cabinet and huge criticism from industry, and the claim that her decision was “upheld by the Supreme Court”, the CSD said this is simply not true, and actually she "disrespected" FRA.

Urgent need to study cause of large number of natural deaths in Gulf countries

By Venkatesh Nayak* According to data tabled in Parliament in April 2018, there are 87.76 lakh (8.77 million) Indians in six Gulf countries, namely Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirates (UAE). While replying to an Unstarred Question (#6091) raised in the Lok Sabha, the Union Minister of State for External Affairs said, during the first half of this financial year alone (between April-September 2018), blue-collared Indian workers in these countries had remitted USD 33.47 Billion back home. Not much is known about the human cost of such earnings which swell up the country’s forex reserves quietly. My recent RTI intervention and research of proceedings in Parliament has revealed that between 2012 and mid-2018 more than 24,570 Indian Workers died in these Gulf countries. This works out to an average of more than 10 deaths per day. For every US$ 1 Billion they remitted to India during the same period there were at least 117 deaths of Indian Workers in Gulf ...

Stands 'exposed': Cavalier attitude towards rushed construction of Char Dham project

By Bharat Dogra*  The nation heaved a big sigh of relief when the 41 workers trapped in the under-construction Silkyara-Barkot tunnel (Uttarkashi district of Uttarakhand) were finally rescued on November 28 after a 17-day rescue effort. All those involved in the rescue effort deserve a big thanks of the entire country. The government deserves appreciation for providing all-round support.

Uttarakhand tunnel disaster: 'Question mark' on rescue plan, appraisal, construction

By Bhim Singh Rawat*  As many as 40 workers were trapped inside Barkot-Silkyara tunnel in Uttarkashi after a portion of the 4.5 km long, supposedly completed portion of the tunnel, collapsed early morning on Sunday, Nov 12, 2023. The incident has once again raised several questions over negligence in planning, appraisal and construction, absence of emergency rescue plan, violations of labour laws and environmental norms resulting in this avoidable accident.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

Dowry over duty: How material greed shattered a seven-year bond

By Archana Kumar*  This account does not seek to expose names or tarnish identities. Its purpose is not to cast blame, but to articulate—with dignity—the silent suffering of a woman who lived her life anchored in love, trust, and duty, only to be ultimately abandoned.

Pairing not with law but with perpetrators: Pavlovian response to lynchings in India

By Vikash Narain Rai* Lynch-law owes its name to James Lynch, the legendary Warden of Galway, Ireland, who tried, condemned and executed his own son in 1493 for defrauding and killing strangers. But, today, what kind of a person will justify the lynching for any reason whatsoever? Will perhaps resemble the proverbial ‘wrong man to meet at wrong road at night!’