A Reuters report revealed that arrest warrants have been issued in the United States for Gautam Adani and his nephew, Sagar Adani, following their indictment by a New York grand jury. The charges, announced on Wednesday (November 20), accuse the business tycoon and seven others of bribery involving $265 million (approximately ₹2,029 crore).
Lisa H. Miller, Deputy Assistant Attorney General for the Justice Department’s Criminal Division, alleged that Adani and his associates bribed Indian government officials and conspired to secure lucrative solar energy supply contracts “through corruption and fraud, at the expense of US investors.”
What does an indictment signify in the US legal system, and what are the implications for Adani and his alleged co-conspirators? What could happen next? Here’s an analysis.
What is an Indictment?
As defined by Black’s Law Dictionary, an indictment is a formal written accusation issued against an individual or entity charged with a crime, following a systematic legal process.
The process begins with law enforcement investigating an alleged offense and presenting their findings to a public prosecutor. This prosecutor, representing either the state or federal government depending on the nature of the offense, evaluates the evidence. If the prosecutor determines that a serious crime, or “felony,” has likely been committed, they may proceed to convene a grand jury to review the case.
What is a Grand Jury and Who Serves on It?
A grand jury is a group of individuals randomly selected from a “fair cross-section” of citizens within the court’s jurisdiction. In New York, a grand jury can have up to 23 members, with at least 16 jurors required to be present to review the evidence presented.
This step is critical because, according to the official Grand Juror’s Handbook for the State of New York (where Adani and his associates face charges), “In New York State, a person cannot be brought to trial for a felony unless they have been indicted by a grand jury.”
What Does a Grand Jury Do?
Unlike a trial jury, which determines the guilt or innocence of an accused person, a grand jury’s role is to decide whether the evidence presented is sufficient to justify a trial. While a trial jury must find guilt “beyond a reasonable doubt,” a grand jury operates with a lower standard, focusing solely on whether the case merits further legal proceedings.
If the grand jury finds the evidence adequate, it issues an “indictment,” a formal document listing the charges against the accused. The case then proceeds to trial for a final verdict.
Grand jury proceedings are conducted in secret, unlike public trial hearings. Additionally, a unanimous decision is not required for an indictment. In New York, at least 12 jurors out of the 16 to 23 who review the evidence must agree to issue an indictment.
What Happens Next?
In Adani’s case, following the indictment, the next step will likely be the “arraignment” stage. During this stage, a judge will formally present the charges and determine whether to grant bail to the accused. The accused will then choose to plead guilty or not guilty. If they plead not guilty, the case will proceed to a jury trial.
According to Reuters, prosecutors are reportedly preparing to issue the arrest warrants to international law enforcement agencies.
