FEDERAL COURT DEMANDS SWORN ACCOUNT FROM U.S. ATTORNEY OVER CONTRADICTORY ADANI DISMISSAL BID

NEW YORK, NY — A United States federal court has intensified its scrutiny into the Department of Justice’s (DOJ) sudden pivot to drop criminal bribery charges against Indian billionaire Gautam Adani and seven co-defendants. Senior U.S. District Judge Nicholas G. Garaufis of the Eastern District of New York has ordered U.S. Attorney Joseph Nocella Jr. to submit a sworn statement clarifying apparent contradictions regarding who spearheaded the decision to dismiss the high-profile indictment.

Judicial Concerns Over Decision-Making Chain
The court’s directive follows recent evidentiary disclosures that appear to conflict with prior government assertions. Previously, Principal Associate Deputy Attorney General Trent McCotter submitted a letter to the court stating that he acted as the "final and sole decision maker" regarding the government's motion to dismiss the charges under Rule 48(a) of the Federal Rules of Criminal Procedure.
However, a newly revealed May 11 email authored by U.S. Attorney Nocella has upended that timeline. In the email, Nocella explicitly rejected a defense proposal to resolve the case via a $10 billion investment in the United States, writing that "this Office" was actively exploring alternative avenues for resolution.

Judge Garaufis noted that the correspondence demonstrates Nocella’s direct involvement in evaluating terms for resolving the prosecution just one week prior to the DOJ’s formal motion to dismiss. Consequently, the court has mandated that Nocella state under oath whether he aligns with the justifications presented by McCotter, clarify his specific role, and disclose any further underlying factors influencing the dismissal bid.

Defense Files Affidavits Denying Quid Pro Quo
The judicial mandate comes on the heels of a July 15 affidavit filed by Gautam Adani, addressing court anxieties regarding a potential quid pro quo arrangement. The court had previously questioned whether the defendants' public pledge to direct $10 billion into American infrastructure was tied to the DOJ's motion to withdraw the indictment.

In his sworn statement, Adani categorically denied any illicit agreement, maintaining that the $10 billion investment strategy was conceptualized and publicly announced in November 2024—well before the federal indictment and parallel Securities and Exchange Commission (SEC) complaints were unsealed. While Adani’s legal team conceded that they later suggested the investment pledge could form a component of a structured settlement during negotiations, they emphasized that the proposal was ultimately rebuffed by federal prosecutors.

Background and Next Steps
The initial indictment alleged that Adani and several high-ranking executives engaged in a $250 million bribery scheme to corruptly secure solar energy contracts with state-owned electricity distribution companies in India. Following a change in U.S. presidential administrations, the DOJ aggressively altered its posture, labeling the initial filing a "name and shame" prosecution initiated in the twilight of the previous administration without realistic trial prospects. The government further argued that the core architecture of the alleged crime was domestic to India, involving foreign nationals and foreign public utilities.

Under federal jurisprudence, courts reviewing a Rule 48(a) dismissal must ensure the prosecution's stated reasons are substantial and free from institutional impropriety. Criticizing both parties for providing a "piecemeal" record, Judge Garaufis has deferred a final ruling on the motion to dismiss until the U.S. Attorney's sworn statement is fully reviewed by the court.

Discription: NEW YORK — A U.S. Federal Court has stalled the Department of Justice’s (DOJ) bid to drop a $250 million bribery case against Indian billionaire Gautam Adani, citing structural contradictions in the government's account.

Senior Judge Nicholas G. Garaufis ordered U.S. Attorney Joseph Nocella Jr. to submit a sworn statement clarifying his role in the dismissal. The order follows a leaked email showing Nocella actively negotiating the case's resolution just days before the DOJ claimed another official was the "sole decision-maker."
Concurrently, Adani filed an affidavit denying any quid pro quo connecting his pledge of a $10 billion U.S. investment to the dropped charges, asserting the investment was planned before the indictment was unsealed.