Introduction

A US federal judge has put the Justice Department’s decision to drop criminal charges against Indian billionaire Gautam Adani under fresh scrutiny, ordering him to answer under oath whether any deal was made in exchange for the case being dismissed. The order marks a significant escalation in a legal saga that has drawn attention on both sides of the Atlantic.

What the Original Case Was About

In late 2024, US prosecutors indicted Gautam Adani, his nephew Sagar Adani, and several other executives, alleging a scheme to pay roughly $250 million in bribes to Indian state government officials to secure solar energy supply contracts. A large share of the alleged bribes was reportedly linked to a deal for 7 gigawatts of solar power in Andhra Pradesh. Adani and the other defendants have consistently denied all allegations.

Why the Justice Department Sought Dismissal

Earlier this year, the Justice Department moved to drop all charges, with senior officials arguing the case was legally weak. Principal Associate Deputy Attorney General R. Trent McCotter described the prosecution as a “name and shame” indictment filed in the final days of the previous administration, and argued the securities charges in particular were not defensible given the practical difficulties of the case.

Why the Judge Isn’t Simply Signing Off

Federal judges typically have limited power to block prosecutors from dropping a case. But US District Judge Nicholas Garaufis, overseeing the matter in Brooklyn, has pushed back, insisting he must first be satisfied that the government’s stated reasons are genuine and that no undisclosed arrangement influenced the decision.

That scrutiny intensified after McCotter, in a July filing, addressed media reports suggesting Adani’s offer to invest in the US economy played a role in the dismissal decision. McCotter denied this, stating he had already decided to seek dismissal before that topic ever came up. Ironically, Judge Garaufis noted that this denial was the first time the possibility of some kind of agreement had been raised at all since no such arrangement had previously been disclosed to the court.

The Two Questions Adani Must Answer

In his order, Judge Garaufis directed Adani to file a sworn affidavit by July 15 answering two specific questions:

1. Is he aware of anything promised, offered, sought, received, agreed to, or accepted by anyone in connection with the dismissal of the indictment?
2. Is he aware of any agreement exchanging anything for the dismissal of the indictment?

Gautam Adani is being represented in the case by Sullivan & Cromwell’s Robert Giuffra Jr. and James McDonald, along with additional counsel from Nixon Peabody and Norton Rose Fulbright.

A Notable Legal Connection

Adding another layer of scrutiny to the case, Robert Giuffra Jr., one of Adani’s lead attorneys, is also known as US President Donald Trump’s personal lawyer — a detail that has drawn added attention to the DOJ’s handling of the dismissal request.

What Happens Next

Once Gautam Adani’s affidavit is filed, Judge Garaufis will decide whether to grant the Justice Department’s request to dismiss the indictment with prejudice, meaning the case could not be refiled in the future. Until then, the court has made clear it will not simply take the dismissal at face value without ruling out the possibility of an improper bargain.

Conclusion

What began as a routine prosecutorial decision to drop charges has turned into a closely watched test of judicial oversight, with a federal judge demanding transparency before allowing one of India’s most prominent business figures to walk away from a high-profile US indictment.

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