Gautam Adani, his nephew Sagar Adani, and several executives of Indian firms Adani Green Energy and Azure Power have been charged in the US over an alleged bribery scheme.

They allegedly bribed, or promised bribes to, officials in India for lucrative renewable energy contracts.

But if the indictment charges are related to their alleged actions within India, why are they charged in the US? Or more specifically, can they be indicted in the US?

<a href="https://www.wionews.com/business-economy/adani-bribery-case-allegations-made-by-us-prosecutors-are-baseless-denied-adani-group-777976">Also read: Adani bribery case | Allegations made by US prosecutors are baseless, denied: Adani Group</a> 
&nbsp;

In the interconnected world of global business, an action a company take in its home base country can expose it to US scrutiny and punitive actions as long as American markets, investors and other stakeholders&nbsp;are impacted or involved. Action can apply if the company or its subsidiaries trade in US stock exchanges, has US operations even if board members and executives&nbsp;are based in foreign countries, or raise funds through venture capital, bonds or loans.

Broadly speaking, anything that violates US securities laws, and its Foreign Corrupt Practices Act (FCPA) is fair game even if the companies and people involved are not US residents or citizens.

WATCH: Indian Billionaire Gautam Adani Charged By US Over Alleged $250 Million Bribe Plot 
&nbsp;

<div class="ui-state-default" contenteditable="false">
<div class="twitter-block" draggable="false">
<div class="videoWrapper trancodeVideo"><iframe allowfullscreen="" autoplay="1" class="includeVideo" frameborder="0" height="350" src="https://www.wionews.com/videos/indian-billionaire-gautam-adani-charged-by-us-over-alleged-250-million-bribe-plot-777989/embed" style="width:100%;max-width:560px;" width="560"></iframe></div>
</div>
<a class="close-mark close-div" href="#" id="jqclosemark">×</a></div>

In Adani's case, there are several causes that make the US law extend its arms to something that appears prima facie not within its jurisdiction.

One is the alleged obstruction of justice in the US. Two, the alleged lying to US officials. Three, the accused having served in some capacity in companies trading in the US stock markets. And four, the company raised capital - through investments or bond issues- in the American markets on schemes that are allegedly tainted by corruption.&nbsp;

All these have been alleged, though not proven.&nbsp;

A broad picture emerges in the nature of charges from the parallel probe opened by the Securities and Exchange Commission, the US market regulator.

In order to understand that probe, it's important you know about Azure Power. The solar power company, founded in New Delhi, had raised investment capital in the US in the past years and trades on the New York Stock Exchange.&nbsp;

The SEC said in a release that Adani Green’s note offering had raised $175 million from US investors even as the alleged bribery scheme was ongoing.

A note offering is a sale of a variety of debt securities, wherein companies raise investments through loans or corporate bonds.

<h2>What the SEC chargesheet says about Adani Green and Azure power officials</h2>

SEC, in a release, said it charged Gautam Adani and Sagar Adani as well as Cyril Cabanes, an executive of Azure Power Global Ltd., for conduct arising out of the bribery scheme.&nbsp;

It claimed the scheme was orchestrated to enable the two renewable energy companies 'to capitalise on a multi-billion-dollar solar energy project awarded to the companies by the Indian government.'&nbsp;

Even as the bribes were being paid, Adani Green raised more than $175 million from US investors.&nbsp;Azure Power’s stock was trading on the New York Stock Exchange too.&nbsp;This is how it becomes an issue that the US can prosecute.

<a href="https://www.wionews.com/business-economy/gautam-adani-indicted-in-us-over-multimillion-dollar-bribery-what-are-the-charges-what-you-should-know-777917">Also read: Gautam Adani indicted in US over multimillion dollar bribery: What are the charges? What you should know</a> 
&nbsp;

The SEC said it has taken two actions against Adani and Azure.

In one, it charged Gautam Adani, who serves as chairman of Adani Green’s Board of Directors, and his nephew, Sagar Adani, who is the executive director of Adani Green’s board, "for orchestrating the bribery scheme."

That scheme was for paying or promising hundreds of millions of dollars in bribes to the Indian officials "to secure their commitment to purchase energy at above-market rates that would benefit Adani Green and Azure Power".&nbsp;

The SEC alleged that Gautam and Sagar "induced" US investors to buy Adani Green bonds while misrepresenting its compliance on corruption and bribery.

In the documentation related to the note offering, Adani Green made statements about its anti-bribery and anti-corruption efforts. This, the SEC alleged, were "materially false or misleading in light of Gautam and Sagar Adani’s conduct."

The second action involves Cyril Cabanes, a former member of Azure Power’s Board of Directors.

Cabanes has been charged with violating FCPA for his role in the alleged bribery scheme.&nbsp;

SEC charges are seeking a permanent injunction on Cabanes, a civil penalty, and an officer and director bar.&nbsp;

Cabanes allegedly facilitated the authorisation of bribes in furtherance of the scheme while in the United States and abroad.

"Cyril Cabanes participated in the underlying bribery scheme while serving as director of a US public company,” said Sanjay Wadhwa, Acting Director of the SEC’s Division of Enforcement, as quoted by SEC.

“We will continue to vigorously pursue and hold individuals, including senior corporate officers and directors, accountable when they violate our securities laws,” Wadwa added.

The SEC is seeking civil penalties and permanent injunctions on the accused, as well as barring them from holding official and director positions in companies with business in America.

The SEC action is separate from, yet related to, the broader criminal charges filed by the US Justice Department against Gautam Adani, Sagar Adani, Cyril Cabanes and some other executives linked to the Adani group and Azure power.

For its part, the Adani group called the allegations made in the US "baseless and denied." It noted that the charges in the indictment are allegations and the defendants are presumed innocent unless and until proven guilty, while adding&nbsp;"all possible legal recourse will be sought."

Gautam Adani, his nephew Sagar Adani, and several executives of Indian firms Adani Green Energy and Azure Power have been charged in the US over an alleged bribery scheme.

Gautam Adani, his nephew Sagar Adani, and several executives of Indian firms Adani Green Energy and Azure Power have been charged in the US over an alleged bribery scheme. They allegedly bribed, or promised bribes to, officials in India for lucrative renewable energy contracts. But if the indictment charges are related to their alleged actions within India, why are they charged in the US? Or more specifically, can they be indicted in the US? Also read: Adani bribery case | Allegations made by US prosecutors are baseless, denied: Adani Group In the interconnected world of global business, an action a company take in its home base country can expose it to US scrutiny and punitive actions as long as American markets, investors and other stakeholders are impacted or involved. Action can apply if the company or its subsidiaries trade in US stock exchanges, has US operations even if board members and executives are based in foreign countries, or raise funds through venture capital, bonds or loans. Broadly speaking, anything that violates US securities laws, and its Foreign Corrupt Practices Act (FCPA) is fair game even if the companies and people involved are not US residents or citizens. WATCH: Indian Billionaire Gautam Adani Charged By US Over Alleged $250 Million Bribe Plot × In Adani's case, there are several causes that make the US law extend its arms to something that appears prima facie not within its jurisdiction. One is the alleged obstruction of justice in the US. Two, the alleged lying to US officials. Three, the accused having served in some capacity in companies trading in the US stock markets. And four, the company raised capital - through investments or bond issues- in the American markets on schemes that are allegedly tainted by corruption. All these have been alleged, though not proven. A broad picture emerges in the nature of charges from the parallel probe opened by the Securities and Exchange Commission, the US market regulator. In order to understand that probe, it's important you know about Azure Power. The solar power company, founded in New Delhi, had raised investment capital in the US in the past years and trades on the New York Stock Exchange. The SEC said in a release that Adani Green’s note offering had raised $175 million from US investors even as the alleged bribery scheme was ongoing. A note offering is a sale of a variety of debt securities, wherein companies raise investments through loans or corporate bonds. What the SEC chargesheet says about Adani Green and Azure power officials SEC, in a release, said it charged Gautam Adani and Sagar Adani as well as Cyril Cabanes, an executive of Azure Power Global Ltd., for conduct arising out of the bribery scheme. It claimed the scheme was orchestrated to enable the two renewable energy companies 'to capitalise on a multi-billion-dollar solar energy project awarded to the companies by the Indian government.' Even as the bribes were being paid, Adani Green raised more than $175 million from US investors. Azure Power’s stock was trading on the New York Stock Exchange too. This is how it becomes an issue that the US can prosecute. Also read: Gautam Adani indicted in US over multimillion dollar bribery: What are the charges? What you should know The SEC said it has taken two actions against Adani and Azure. In one, it charged Gautam Adani, who serves as chairman of Adani Green’s Board of Directors, and his nephew, Sagar Adani, who is the executive director of Adani Green’s board, "for orchestrating the bribery scheme." That scheme was for paying or promising hundreds of millions of dollars in bribes to the Indian officials "to secure their commitment to purchase energy at above-market rates that would benefit Adani Green and Azure Power". The SEC alleged that Gautam and Sagar "induced" US investors to buy Adani Green bonds while misrepresenting its compliance on corruption and bribery. In the documentation related to the note offering, Adani Green made statements about its anti-bribery and anti-corruption efforts. This, the SEC alleged, were "materially false or misleading in light of Gautam and Sagar Adani’s conduct." The second action involves Cyril Cabanes, a former member of Azure Power’s Board of Directors. Cabanes has been charged with violating FCPA for his role in the alleged bribery scheme. SEC charges are seeking a permanent injunction on Cabanes, a civil penalty, and an officer and director bar. Cabanes allegedly facilitated the authorisation of bribes in furtherance of the scheme while in the United States and abroad. "Cyril Cabanes participated in the underlying bribery scheme while serving as director of a US public company,” said Sanjay Wadhwa, Acting Director of the SEC’s Division of Enforcement, as quoted by SEC. “We will continue to vigorously pursue and hold individuals, including senior corporate officers and directors, accountable when they violate our securities laws,” Wadwa added. The SEC is seeking civil penalties and permanent injunctions on the accused, as well as barring them from holding official and director positions in companies with business in America. The SEC action is separate from, yet related to, the broader criminal charges filed by the US Justice Department against Gautam Adani, Sagar Adani, Cyril Cabanes and some other executives linked to the Adani group and Azure power. For its part, the Adani group called the allegations made in the US "baseless and denied." It noted that the charges in the indictment are allegations and the defendants are presumed innocent unless and until proven guilty, while adding "all possible legal recourse will be sought."

If Adani is accused of bribes in India, why is he being charged in US? What SEC parallel probe says

Swedish mobile telecoms company Ericsson has agreed to pay over $1 billion to resolve probes into corruption, including the bribing of government officials, the US Department of Justice said on Friday.

The bribery took place over many years in countries including China, Vietnam and Djibouti, the department said. The total charges include a criminal penalty of more than $520 million, plus $540 million to be paid to the US Securities and Exchange Commission (SEC) in a related matter.

The company admitted it had conspired with others to violate the Foreign Corrupt Practices Act (FCPA) from at least 2000 to 2016 by engaging in a scheme to pay bribes and to falsify books and records and by failing to implement reasonable internal accounting controls, the Justice Department said in a statement.

"Certain employees in some markets, some of whom were executives in those markets, acted in bad faith and knowingly failed to implement sufficient controls," Ericsson CEO Borje Ekholm said in a conference call on Saturday.

"I view what has happened as a completely unacceptable and hugely upsetting chapter of our history."

Ericsson used third parties to pay bribes to government officials to secure and keep business, authorities said. Consultants were retained to create slush funds and transfer money to third parties, according to one of the complaints.

One of the company's subsidiaries, Ericsson Egypt Ltd, pleaded guilty in the Southern District of New York to a charge of conspiracy to violate the anti-bribery provisions of the FCPA.

Pleading guilty can bring additional severe sanctions, including the revoking of licenses, but the company can negotiate waivers to ensure they can continue to operate.

"Through slush funds, bribes, gifts, and graft, Ericsson conducted telecom business with the guiding principle that 'money talks,'" US Attorney Geoffrey Berman of the Southern District of New York said in a statement.

Ericsson said it had reviewed its anti-corruption program and taken measures to improve its ethics and compliance.

It has said previously it was cooperating with US authorities and that it would make a $1.2 billion provision in relation to the probes.

Carl Mellander, chief financial officer, said the amount was fully covered by a provision the company made in the third quarter and added it would not impact any financial targets.

"While the amount for the settlement today is significant I can confirm that we will be able to manage the associated cash outflow with available funds," he told the conference call.

Swedish mobile telecoms company Ericsson has agreed to pay over $1 billion to resolve probes into corruption, including the bribing of government officials, the US Department of Justice said on Friday.

Swedish mobile telecoms company Ericsson has agreed to pay over $1 billion to resolve probes into corruption, including the bribing of government officials, the US Department of Justice said on Friday. The bribery took place over many years in countries including China, Vietnam and Djibouti, the department said. The total charges include a criminal penalty of more than $520 million, plus $540 million to be paid to the US Securities and Exchange Commission (SEC) in a related matter. The company admitted it had conspired with others to violate the Foreign Corrupt Practices Act (FCPA) from at least 2000 to 2016 by engaging in a scheme to pay bribes and to falsify books and records and by failing to implement reasonable internal accounting controls, the Justice Department said in a statement. "Certain employees in some markets, some of whom were executives in those markets, acted in bad faith and knowingly failed to implement sufficient controls," Ericsson CEO Borje Ekholm said in a conference call on Saturday. "I view what has happened as a completely unacceptable and hugely upsetting chapter of our history." Ericsson used third parties to pay bribes to government officials to secure and keep business, authorities said. Consultants were retained to create slush funds and transfer money to third parties, according to one of the complaints. One of the company's subsidiaries, Ericsson Egypt Ltd, pleaded guilty in the Southern District of New York to a charge of conspiracy to violate the anti-bribery provisions of the FCPA. Pleading guilty can bring additional severe sanctions, including the revoking of licenses, but the company can negotiate waivers to ensure they can continue to operate. "Through slush funds, bribes, gifts, and graft, Ericsson conducted telecom business with the guiding principle that 'money talks,'" US Attorney Geoffrey Berman of the Southern District of New York said in a statement. Ericsson said it had reviewed its anti-corruption program and taken measures to improve its ethics and compliance. It has said previously it was cooperating with US authorities and that it would make a $1.2 billion provision in relation to the probes. Carl Mellander, chief financial officer, said the amount was fully covered by a provision the company made in the third quarter and added it would not impact any financial targets. "While the amount for the settlement today is significant I can confirm that we will be able to manage the associated cash outflow with available funds," he told the conference call.

Ericsson to pay over $1 billion to resolve US corruption probes

foreign-corrupt-practices-act

Foreign Corrupt Practices Act, News on Foreign Corrupt Practices Act, stories on Foreign Corrupt Practices Act, articles on Foreign Corrupt Practices Act, Foreign Corrupt Practices Act stories at Wion, Foreign Corrupt Practices Act news, Foreign Corrupt Practices Act latest news

foreign corrupt-practices-act

If Adani is accused of bribes in India, why is he being charged in US? What SEC parallel probe says

Ericsson to pay over $1 billion to resolve US corruption probes