Adani seeks dismissal of US SEC fraud case citing lack of jurisdiction

Billionaire Gautam Adani and nephew Sagar Adani move New York court; claim zero investor losses and no direct US link in $750 million bond deal.

NEW YORK – Billionaire Gautam Adani and his nephew Sagar Adani have moved a United States court seeking the dismissal of a securities fraud lawsuit filed by the Securities and Exchange Commission (SEC).

In a pre-motion letter submitted to the Eastern District Court of New York, the Adanis argued that the regulator’s claims are legally flawed and fall outside the court's jurisdiction.

The latest news today comes as a significant counter-offensive by the conglomerate against allegations that it misled investors during a 2021 bond issuance.

Jurisdictional overreach challenged

Attorneys representing the Adanis stated that the SEC is attempting an “impermissible extraterritorial application” of US law.

They argued that the court lacks personal jurisdiction as neither Gautam Adani nor Sagar Adani had sufficient contacts with the US regarding the transaction.

According to the filing, the issuer is an Indian entity, and the alleged conduct occurred entirely within India, making US laws inapplicable.

Bond sale outside US

The legal team clarified that the $750 million bond sale by Adani Green Energy Limited (AGEL) was conducted under specific exemptions.

These securities were sold to non-US underwriters under Rule 144A and Regulation S, intended for markets outside the United States.

While some notes were later resold to qualified institutional buyers in the US, the Adanis maintain they were not parties to those secondary transactions.

No investor losses reported

A key pillar of the dismissal plea is the assertion that no investors suffered financial harm.

The Adani Group informed the court that the bonds in question matured in 2024 and were fully repaid with interest.

"The SEC does not allege that there were any investor losses, and there were none," the filing noted, highlighting the fulfillment of all financial obligations.

Refuting bribery allegations

The SEC’s lawsuit, filed in November 2024, alleged that the group failed to disclose a purported bribery scheme involving Indian officials.

The Adanis have vehemently denied these claims, stating there is no credible evidence to support the existence of such a scheme.

They further argued that the statements cited by the SEC—related to corporate reputation—amount to general corporate optimism or "puffery" rather than actionable fraud.

Legal strategy ahead

The defense highlighted that Gautam Adani did not attend any Management Committee meetings for AGEL between 2020 and 2024.

They argued the SEC failed to link him to specific misleading statements or prove any intent to defraud US-based investors.

The court has since accepted the request for a pre-motion conference, signaling a formal commencement of the dismissal proceedings.

April hearing expected

The legal battle is set for a major milestone on 30 April, when a detailed motion for dismissal will be formally presented.

Market analysts are closely watching this India news update, as the outcome could impact the group's global fundraising capabilities.

For now, the Adani Group remains firm that the US regulator has no standing to pursue a case rooted entirely in Indian operations.