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5 points in the indictment of Indian billionaire Gautam Adani

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The indictment of Indian tycoon Gautam Adani, Asia’s second richest man, on bribery charges in a U.S. federal court on Wednesday shocked India.

The charges put his empire under renewed scrutiny less than two years after allegations of financial irregularities by short-seller Hindenburg Research wiped $130bn off the group’s public market value.

Who is Gautam Adani?

Gautam Adani is the founder and chairman of the Adani Group, which has interests in renewable energy, ports, airports, construction materials, food and media. He is often referred to as ‘Number 1’ and ‘Big Man’ by other defendants in the case.

Adani, 62, from a middle-income textile family in the western Indian state of Gujarat, set up his group in 1988 to trade in commodities. Over time, Adani grew his business through an aggressive leverage strategy, moving into many sectors critical to the country’s infrastructure. The group was worth around $170 billion before the indictment led to the sale of its listed assets.

Adani’s rise mirrors that of Indian Prime Minister Narendra Modi, himself from Gujarat. Modi’s political opponents have often claimed that Modi has favored the billionaire, as Adani has benefited greatly from the tenders it has won for public projects thanks to the Modi government’s infrastructure development drive. Both Adani and the government have denied any special treatment.

What are the charges?

U.S. prosecutors allege that Gautam Adani, his nephew Sagar Adani and six other defendants conspired to pay $265 million in bribes to Indian government officials to secure ‘lucrative solar power supply contracts’. The defendants also allegedly ‘concealed’ the bribes from U.S.-based investors in order to ‘obtain billions of dollars in financing’.

The bribery scheme, dubbed the ‘Corrupt Solar Power Project’ in the indictment, centered on numerous solar power contracts awarded by the state-owned Solar Energy Corporation of India to Adani’s renewable energy unit and another Indian company, Azure Power.

Adani and others have also been charged by the U.S. Securities and Exchange Commission with making ‘materially false or misleading’ statements about anti-bribery practices when raising $750 million from investors in September 2021, including $175 million from U.S. investors.

How will the indictment affect the Group’s business?

Following the indictment, 11 of the conglomerate’s twelve companies collectively lost around $27 billion in value on Thursday, a repeat of the collapse in January 2023, when Hindenburg Research accused the group of stock manipulation and improper use of offshore tax havens, among other allegations.

Shares in holding company Adani Enterprises fell more than 22%, while shares in Adani Green Energy, the focus of the investigation, fell nearly 19%. Only New Delhi Television (NDTV), the news media arm of the conglomerate, closed marginally higher. Shares in most Adani companies continued to fall in early trading on Friday.

“The indictment could affect Adani’s upcoming fundraising plans. Adani Green Energy has reportedly cancelled the sale of $600 million in U.S. dollar-denominated bonds. The biggest short-term impact of this development is that the Adani Group may find it difficult to raise new funds, especially from leading financial institutions, until its name is cleared,” said Abhishek Basumallick, founder of investment advisory firm Intelsense.

Late on Thursday, Kenyan President William Ruto said he was cancelling Adani’s purchase of a controlling stake in the country’s main airport and a $736 million public-private partnership with the company to build power transmission lines.

How have the Adani Group and the Indian government responded?

In a statement on Thursday, the Adani Group rejected the charges in the indictment, calling them ‘baseless’.

As the U.S. Department of Justice has stated, the charges in the indictment are allegations and the defendants are presumed innocent until proven guilty,’ the group said in a statement: ‘All available legal remedies will be pursued.

There has been no official reaction from the Indian government.

Jaideep Mazumdar, Joint Secretary (East) in the Ministry of External Affairs, declined to comment when asked about the Adani issue during a press conference on Modi’s visit to Guyana in South America. “This is a press conference organised for the Indian Prime Minister’s visit to Guyana and the India-CARICOM (Caribbean Community) Summit, and I am not in a position to respond to questions beyond this mandate,” he said in Guyana’s capital, Georgetown.

Modi’s political rivals have launched a series of attacks on the billionaire.

Rahul Gandhi, senior leader of the Indian National Congress, said at a press conference on Thursday: “Adani has in a way taken over India; the country is in the grip of Adani. So, India’s airports, ports, defence industry… it is a partnership. Modi is on one side of the partnership and Adani is on the other,” he said.

Gandhi is also the leader of the opposition in the lower house of parliament and is in a powerful position to have a say in the appointment of a director of the Central Bureau of Investigation, the country’s anti-crime agency. Gandhi said his party would raise Adani’s charges in the winter session of parliament, which begins on Monday.

Is extradition expected to come up?

There is an ongoing investigation into Adani, launched last year by India’s securities regulator in the wake of the Hindenburg Research allegations.

Lawyers in India and the U.S. have said that U.S. prosecutors may seek the extradition of Adani and other defendants in the latest charges. The two countries have had an extradition treaty in place since 1997.

Prashant Mendiratta, a lawyer at the Delhi High Court, said the Indian Ministry of External Affairs would be the primary decision-maker if the U.S. government made an extradition request.

“If the Indian government refuses extradition, the prosecution can approach the Indian judiciary with a petition against the decision … there is a high probability that this will turn into a two-front legal battle,” Mendiratta added.

The Indo-U.S. extradition treaty also stipulates that an offence must be punishable by imprisonment of one year or more before extradition can be granted. Under India’s Bharatiya Nagarik Suraksha Sanhita (BNSS) Act, bribery is only punishable by up to one year in prison.

The more stringent Prevention of Corruption Act (PoCA) can also be applied in this case.

However, for the PoCA to apply, it must be proven that a bribe was solicited and accepted by the government official.

“Obviously we are aware of these allegations,” White House spokeswoman Karine Jean-Pierre said at a press briefing on Thursday when asked if the U.S. was concerned that the charges against Adani could damage bilateral relations: “What I would say is that we believe that the relationship between the United States and India rests on an extremely strong foundation based on the relationship between our peoples and cooperation on the full range of global issues.”

ASIA

Xi urges global CEOs to safeguard trade and supply chains

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Chinese President Xi Jinping, in a meeting with a group of executives including Rajesh Subramaniam from FedEx and Bill Winters from Standard Chartered, called on global business leaders to work together to protect supply chains.

Amid a deepening trade war with the US, the Chinese leader told the group of foreign business leaders, including Pascal Soriot from AstraZeneca and Miguel Ángel López Borrego from Thyssenkrupp, that they should resist behaviors that “turn back” history.

Speaking at the meeting held in Beijing on Friday, Xi said, “We hope everyone will have a broad and long-term perspective and not blindly follow actions that disrupt the security and stability of global industrial and supply chains, but instead add more positive energy and certainty to global development.”

The event at the Great Hall of the People marked the second consecutive year that Xi held a carefully arranged meeting with foreign CEOs in the Chinese capital. Last year’s event involved only US business leaders.

The meeting took place at the end of a busy week for Chinese policymakers, who are striving to strengthen relations with the international business community amid rising tensions with the administration of US President Donald Trump.

China’s leading annual CEO conference, the China Development Forum, was held earlier this week in Beijing, followed by the Boao Forum for Asia on the tropical resort island of Hainan.

Beijing is trying to present itself as a bastion of stability in global trade, in contrast to the US, where Trump has launched successive waves of tariffs on many products, from aluminum to automobiles.

Trump pledged on April 2 to impose broad and reciprocal taxes on US trade partners.

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Trump’s potential auto tariffs worry Japan and South Korea

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Following US President Donald Trump’s announcement that he would impose a 25% tariff on imported cars and auto parts, Japan’s Prime Minister sounded the alarm on Thursday.

Prime Minister Shigeru Ishiba told lawmakers during a parliamentary session, “We need to consider appropriate responses,” adding, “All options will be on the table.”

This move, seen as undermining a bilateral agreement made between Trump and then-Prime Minister Shinzo Abe in September 2019, came as a surprise to Japan. This limited trade deal had opened Japan’s market to more American agricultural products. The agreement states that the two countries “will refrain from taking measures contrary to the spirit of these agreements.”

Japanese automakers reacted cautiously to the announcement. Toyota, Subaru, Mazda, and Honda issued brief statements saying they were assessing the potential impact.

Imported cars and trucks are currently subject to tariffs of 2.5% and 25%, respectively. When the new tariffs take effect on April 3, these rates will rise to 27.5% and 50%. The 25% tariff will also apply to automotive parts like engines and transmissions, taking effect no later than May 3.

Japan’s Chief Cabinet Secretary Yoshimasa Hayashi said the government intends to negotiate exemptions. Economists say it is unclear how exemptions might be secured, but there are several options.

According to economists, options Japan might consider include voluntary export restraints, a commitment to increase imports of items like natural gas, grain, and meat, and replacing Russian natural gas with gas from the US. In 2023, 8.9% of Japan’s natural gas imports came from Russia, while 7.2% came from the US.

“Japan will likely be looking at all these options,” said Koichi Fujishiro, a senior economist at the Dai-ichi Life Research Institute.

South Korea in a similar situation

South Korea is also expected to seek exemptions. Analysts said that South Korean automaker Hyundai Motor Group’s announcement earlier this week of a $21 billion US investment would help its negotiating position.

Esther Yim, a senior analyst at Samsung Securities, said, “The US has, in principle, applied a 25% tariff on all imported cars,” adding, “Washington can then negotiate with each country, and I think investment can be used as leverage.”

South Korea’s Ministry of Industry pledged an emergency response by April to help the country’s automakers, who are expected to face “significant challenges” when the tariffs take effect.

Over the years, global automakers have shifted to local production to avoid trade friction. According to the Mitsubishi Research Institute, 60% of Japanese cars sold in the US are produced in the US. This figure drops to 40% for Korean cars. For European brands, the rate is as high as 70%.

Although Ishiba insists all options are on the table, few analysts expect Japan to resort to retaliatory measures, at least at this point. “Japan would gain very little by retaliating against US tariffs,” Fujishiro said.

At a summit with Trump in February, Ishiba pointed out that Japan is the largest investor in the US and a significant job creator, promising to work towards increasing Japan’s investment balance from $783.3 billion in 2023 to $1 trillion.

Cars, Japan’s largest export item to the US, are worth 6 trillion yen ($40 billion) and will account for 28% of Japan’s total exports in 2024. This amount is equivalent to 1% of Japan’s nominal gross domestic product.

Takahide Kiuchi from the Nomura Research Institute estimates that a 25% tariff would reduce Japan’s car exports to the US by 15% to 20% and lower Japan’s GDP by 0.2%.

If Japanese automakers try to respond by shifting production to the US, this would reduce domestic employment and hollow out the country’s economy in the long run.

Masanori Katayama, chairman of the Japan Automobile Manufacturers Association, said at a press conference last week, “Car exports from Japan are necessary to supplement the domestic production of Japanese automakers and to provide a lineup of attractive cars… to meet the diverse needs of American customers through car dealerships in every US state.”

Katayama said that when the US implements the tariff, “a significant production adjustment is expected. The Japanese auto industry consists not only of automakers but also parts suppliers and employs 5.5 million people.”

Katayama insisted that the industry and the Japanese government must come together to take action and keep domestic supply chains intact.

The tariffs are also expected to harm American automakers because they too source parts and manufacture globally to keep costs down and make their cars competitive in the market.

Nomura analyst Anindya Das said General Motors could fall into an operating loss on an annual basis due to its reliance on factories in Mexico. He added that Toyota could also see a 30% drop in operating profit.

Jennifer Safavian, president and CEO of Autos Drive America, an industry group representing international automakers operating in the US, including Toyota, Honda, Nissan, and others, said, “Tariffs imposed today will make it more expensive to produce and sell cars in the US, ultimately leading to higher prices, fewer choices for consumers, and fewer manufacturing jobs in the US.”

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South Korean opposition leader Lee Jae-myung acquitted in election law case

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A court in South Korea on Wednesday overturned a lower court’s decision, ruling that the main opposition party leader is not guilty of violating election law. If this decision is upheld, it will pave the way for him to run in the next presidential election.

Prosecutors can appeal the decision, which could take the case to the Supreme Court, South Korea’s highest judicial body.

Speaking outside the court after the ruling was announced, Lee Jae-myung thanked the court for the decision, which he described as “the right decision.”

The charges against Lee stem from remarks he made in 2021 while competing in his party’s presidential primary, where he allegedly denied knowing one of the key figures in a real estate development scandal. The scandal involved a redevelopment project in Seongnam city, where Lee was mayor. Prosecutors allege Lee lied about his relationship with businessman Kim Moon-ki to conceal his own culpability in the real estate deal.

Immediately after the court’s decision was announced, Kweon Seong-dong, leader of the ruling People Power Party, called the ruling “regrettable” and urged the Supreme Court to quickly decide the case.

Lee, a trained lawyer and experienced politician, lost the 2022 presidential election by the narrowest margin in South Korea’s democratic history to now-impeached President Yoon Suk Yeol.

Yoon, Lee’s fierce rival, is awaiting a Constitutional Court ruling on his impeachment over charges of leading an insurrection in December. Lawmakers voted to impeach Yoon following his attempt to declare martial law in early December, which he claimed was necessary to protect South Korea from opposition “anti-state forces.” The measure was quickly rejected in the National Assembly, but the attempt triggered a political crisis that continues months later.

The Constitutional Court completed hearings on Yoon’s case late last month and is expected to deliver its verdict within days, although no official date has been announced. If the court finds Yoon not guilty, he will be immediately reinstated. If found guilty, an early election will be held within 60 days.

Data released last week by polling firm Gallup Korea showed Lee as the leading choice among potential candidates for the next presidential election. Lee, with a support rate of 36%, was far ahead of the number 2 likely candidate, conservative Labor Minister Kim Moon-soo.

Yoon’s impeachment delay: Legal rigour or political deadlock?

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