Tag: Corruption

  • What are Adani’s Legal Alternatives in His Bribery Case? Answers to Important Questions

    The US authorities in the bribery investigation have not accused Adani Group chairman Gautam Adani of corruption, the company announced on 27 November, but he is facing three other charges, including wire fraud and securities.

    Adani, his nephew, and a number of other people were indicted by a US court a week ago for allegedly offering INR 2,029 crore in bribes to Indian state government officials in order to obtain solar power contracts between 2020 and 2024. Given the series of events, there are now concerns regarding the US’s future course of action, Adani’s alternatives, and potential consequences for the ports-to-energy conglomerate.

    When executives’ firms conduct business in the United States, the legislation permits prosecutors to charge them with international bribery. Additionally, the law grants sweeping jurisdiction over transactions that occur through financial institutions in the United States. Additionally, the authorities claimed that Adani misled American investors by concealing the purported bribery. These allegations were made by the US Securities and Exchange Commission (SEC) against the Adani Group.

    What is Anticipated to Happen Next?
    What Alternatives Does Adani Have Going Forward?
    For Which Provisions of the FCPA are the Defendants Accused of Violating?
    What Sanctions Might Adani be Subject to?
    What Impact Does the US SEC’s Complaint Have on the Accusations Made Against Executives of the Adani Group?

    What is Anticipated to Happen Next?

    What is Anticipated to Happen Next? | The Adani Bribery Case
    What is Anticipated to Happen Next? | The Adani Bribery Case

    The investigation into the case has only just begun. An arraignment, where the accused is formally charged and requested to enter a plea, usually follows the issuance of an indictment. Pre-trial motions and discovery, in which the defense and the prosecution exchange evidence, may come next. A jury will hear the evidence and determine whether or not the defendants are convicted if the matter moves forward to the trial stage. Furthermore, in the event that any of the accused are abroad, such as in India, the US government may seek extradition.

    The extradition process will be handled by an Indian court, which will have to take into account a number of considerations, including whether the US offense is a crime that can be prosecuted in India, whether the charges are politically motivated, and whether he would be subjected to cruel treatment in the US.


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    What Alternatives Does Adani Have Going Forward?

    What Alternatives Does Adani Have Going Forward? | The Adani Bribery Case
    What Alternatives Does Adani Have Going Forward? | The Adani Bribery Case

    Adani and his colleagues listed in the indictment have a number of legal options at their disposal to protect themselves. They can try to refute the evidence or contend that the facts do not support the claims of securities fraud and bribery.

    The accused and US authorities may be able to come to a plea agreement. Pleading guilty to specific crimes in exchange for shorter sentences or other concessions may be the terms of a plea agreement. The accused may challenge extradition if they are not in the US, particularly if they argue that the alleged offences are not crimes in both India and the US (the dual criminality principle).

    Adani’s attorneys are limited to contesting the indictment on procedural grounds, such as asserting that US prosecutors lack the jurisdiction to accuse him until Adani appears in the US court. Following Adani’s court appearance, his attorneys may contest the indictment’s main points by saying that certain claims are either factually incorrect or legally flawed.

    Prosecutors point to a lengthy paper trail of cell phone and messaging app records, as well as in-person meetings with Indian authorities, as proof of the alleged offenses mentioned in the indictment.


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    For Which Provisions of the FCPA are the Defendants Accused of Violating?

    In order to secure or maintain business, US corporations, individuals, and international organisations listed on US stock markets are prohibited from bribing foreign government officials under the Foreign Corrupt Practices Act (FCPA). There are two main provisions under the FCPA:

    • The anti-bribery clause forbids giving, funding, or approving the funding of bribes to foreign officials in order to sway commercial decisions.
    • In order to prevent bribery, accounting provisions mandate that businesses keep accurate books and records and put internal controls in place.

    The Adani Group and its executives are accused of breaking these rules in this case by bribing Indian government representatives in order to get power purchase agreements (PPAs) for solar power projects.


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    What Sanctions Might Adani be Subject to?

    Gautam Adani might spend decades behind bars if found guilty of the claimed allegations. Depending on the court presiding over the case, he may also be subject to monetary fines and any sentence, the agency said.  According to the source, Adani may appeal a decision against him in the US, where a 12-person jury would need to vote unanimously to find him guilty.

    Even if Adani is extradited or surrendered in the United States, he may still face a lengthy trial. His attorneys would have the right to dispute the admission of evidence and other legal issues prior to the start of a trial, much as the attorneys for his seven co-defendants, who could want separate trials.  According to the news agency, Adani is entitled to a speedy trial under US law within 70 days, but he would probably forego that right to give his attorneys more time to contest the charges.

    What Impact Does the US SEC’s Complaint Have on the Accusations Made Against Executives of the Adani Group?

    The complaint from the US Securities and Exchange Commission (SEC) identifies a number of infractions that bolster the case against the management of the Adani Group.

    According to the SEC’s accusations, executives of the Adani Group deceived investors about the company’s compliance with anti-bribery regulations in order to obtain substantial investments.

    The SEC’s lawsuit highlights the ways in which US investors who bought bonds on the basis of inaccurate information were impacted by the false representations on anti-corruption procedures. Everything about this case gets more complicated because of this.


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    FAQ

    What is the Adani bribe case?

    The Adani bribery case involves allegations that the Adani Group offered bribes to secure energy contracts by misleading investors, with charges filed by the U.S. SEC for violations of anti-corruption laws​.

    What is the anti-bribery policy of Adani?

    Adani Group’s anti-bribery policy ensures compliance with laws, promoting ethical practices and transparency while preventing corruption.

    What is the charge against Adani?

    The Adani Group faces charges of bribery and corruption for allegedly paying bribes to secure contracts and misleading investors, violating anti-corruption laws

  • The Investigation Into Swiggy’s Rs 33-Crore Corruption Complaint Against an Ex-employee Taken Over by the Karnataka CID

    According to a media source, the foodtech giant Swiggy’s cheating complaint against a former employee was recently forwarded to the Karnataka Crime Investigation Department (CID) for additional investigation. The investigation gained momentum once the business said that it discovered the former employee had conspired with 12 other individuals and businesses to steal from Swiggy.

    Swiggy initiated legal action, according to a media report, following the discovery that a former employee had taken away INR 32.67 crore from the company over a period of time. Swiggy first filed a complaint with the Bengaluru Marathahalli Police Station and then assembled an outside team to investigate the situation. Given the amount involved, the Marathahalli Police Station officers transferred the case to the CID after starting an investigation.

    Statement From Officials

    Police officials stated that they had forwarded the case to the Crime Investigation Department because of the significant sum of money involved. They are currently looking into the matter.

    A media outlet received confirmation from CID sources that they have taken over the case. According to a top official, “We are currently investigating, and there will be a breakthrough soon.”

    What Exactly Happened?

    The former employee of Scootsy Logistics Private Limited, a subsidiary of Swiggy, and 12 other people were accused of stealing INR 32.67 crore over a period of time. On November 27, 2023, the FIR was filed. Swiggy’s Scootsy purchases goods from one company and resells them to another.

    Srikhara KM, the primary accused in this case, is accused of defrauding RPGS Associates, Swiggy’s vendor, by fraudulently transferring INR 32.17 crore between August 2021 and February 2022, according to the cheating complaint filed by Scootsy Logistics, Swiggy’s business-to-business (B2B) arm. The complaint further stated that throughout the period, an extra INR 50.06 lakh was transferred to other companies for unidentified work.

    This means that throughout those roughly six months, Swiggy lost a total of INR 32.67 crore. Previously, Srikhara served as the finance manager and later the general manager of Scootsy, according to the FIR. RPGS Associates, Fresh Farm Agro Pvt Ltd, Acuity Stationery Pvt Ltd, First Choice Grocery Ltd, Amaxa Pharma Prvt. Ltd, Packingocity Pvt. Ltd, and “others” are among the companies included in the complaint.

    Executives including Rasitha Prasad, Swara Prasad, and Chackingal Prasad Nair (directors of 360 Fresh Farm Agro Pvt Ltd), as well as Chakingal Prasad Nair (RPGS Associates), are named as co-accused in the FIR. A case has been filed by Indian Penal Code sections 34 (common intention), 408 (criminal breach of trust by employee), and 420 (cheating).

    Shocking Development Before IPO

    All of this is happening just as Swiggy is gearing up for one of the biggest initial public offers (IPOs) in India, which is set to take place later this year when it plans to go public on the stock markets. Swiggy intends to raise $1.25 billion, or INR 10,414 crore, in total.

    Swiggy will issue new shares valued at INR 3,750 crore, while the offer for-sale component would be about INR 6,664 crore (comprising 18.53 crore shares). Swiggy submitted its first updated draft red herring prospectus with the Securities and Exchange Board of India (SEBI) on September 26.

    According to previous media reports, the business is expected to boost the value of its IPO by INR 1,250 crore, or $150 million, bringing the total to INR 11,664 crore, or $1.4 billion.


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  • Black Money Scenario in Startup World: A Detailed Analysis

    India is the birthplace of cultural, grassroots, and frugal innovation. The population of over one billion people makes this an exciting geography for startups to build repeatable and scalable business models. The beauty of startups is that they provide their employees freedom, the opportunity to innovate and explore rather than just to engage in unproductive work. There exists black money within this rising economy of startups.

    Introduction to Black Money in Startups
    Current Scenario and Analysis of Black Money in Startup World
    How Whitewashing of Black Money is Done?
    Impact of Whitewashing Black Money on the Economy
    Black Money in Startups – Conclusion
    Black Money in Startups – FAQs

    Introduction to Black Money in Startups

    “The Indian startup ecosystem is said to be the third largest in the world having added over 1,300 tech startups in 2019. Number of Indian unicorns could increase to 95-105 by 2025,” says Nasscom president Debjani Ghosh.

    Home of the largest e-commerce deal between Walmart and Flipkart, 31 unicorns and counting, and plenty of untapped opportunities — it shouldn’t come as a surprise that India has been home to some of the biggest startup success stories. Over the years, Indian startups have found success across sectors, with startups in enterprise tech, e-commerce and travel tech grabbing global attention. There has, however, been a grey cloud spanning the growing startup industry in recent years, something we are all familiar with – black money.

    Canadian-Indian writer Rohinton Mistry says, “It is so much a part of our white economy, a tumour in the centre of the brain — try to remove it and you kill the patient. A 2015 FICCI report estimated black money in India to be as high as 75 per cent of the GDP.”

    In today’s world, it is difficult to explain how a social anomaly could appear in the world of budding talent, making the next generation soar to the highest levels of recognition and profit. This anomaly increases the need for black money in startups or businesses. The purpose of this case study is to analyze the entry of black money into the industry, the factors that influence it, and how it is being whitewashed, as well as the impact this has on our economy.

    Current Scenario and Analysis of Black Money in Startup World

    Let’s look upon the case where a reputed startup lawyer (let’s name him ‘A’) in the capital has worked with startups including two well-known hotel room aggregators, a funded media startup and few e-commerce firms. He is also involved in deals with a well-known real estate group in the country that is trying to dabble into tech startups. He gives a shocking revelation: Some expatriate businessmen are using startup investing as a way to move black money into India.”

    Here’s the underside, suppose you have $10 million cash parked in Mauritius. You look for tech startups where you can take a majority control or create an entity that can furnish a website, an app and a small team in place. You incorporate the company as a private limited entity and also register an overseas subsidiary. Once a legal structure is in place, you start routing the overseas money into that technology company.

    The routing can happen on the seed stage – A funding round. Now to embezzle the funds, from that startup money you can buy a luxury car and other assets, pay yourself, your kin huge sums as directors. You run that company for a period of two years or more till you’ve routed all the money into India. Once done, you can simply close that startup, declaring the company bankrupt and paying off creditors and share-holders which might be your own companies. Even if they have not routed the money overseas, dabbling in startups by opening up mentorship firms has become easy and a glam route to use that money legally.

    “Am not saying all such firms are using startups as a means to turn black money into white but this glamorous route has started to be misused in India,” says A, a managing partner of the law firm, requesting anonymity.


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    How Whitewashing of Black Money is Done?

    Another lawyer (let’s name him lawyer B) who is brokering deals for a Gurgaon-based fashion app and another small hotel rooms aggregator ratifies it. His firm which specializes in transaction advisory for tech startups says that there are many ways dishonest businessmen launder.

    • An unsavory investor makes his family members the board members of that startup.
    • Other companies of the same group act as vendors to that startup and quote ridiculous prices for that service or product.
    • These investors ask for too much equity and control of the startup (often over 70%). They wish to keep their kin on board.
    • They park the money in a trust-friendly jurisdiction, such as Switzerland, before it is moved to a tax-efficient country such as Cyprus, where the taxation levels are very low or have no taxes. It is then routed to a tax-friendly country like Mauritius, before reaching the final destination in India. India has a Double Taxation Avoidance Treaty (DTAA) with Mauritius.
    • Trade mispricing is a tool used to siphon off money, plays an important role in bringing money back into India. Instead of inflating invoices, a business can under-invoice and export machinery or software. One can open a company to sell bags or a restaurant. The business may not take off, but the owner can still show cash sales of Rs 1 lakh to Rs 2 lakh a day. Slowly, but surely, all money would be legitimate one day!

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    Impact of Whitewashing Black Money on the Economy

    Along with the economic effects, black money also has social consequences. Some of them are mentioned below:-

    • Loss of revenue to the government and running of parallel economy in the country – It is the increase and spread of black money that poses a serious economic threat since it leads to a decrease in government revenues. If only some part of the black money that has been in circulation in the economy could have been paid as taxes to the government, it would have benefitted the Indian economy to a large extent.
    • Vicious circle as a result of black money and corruption – Black money has added to corruption by the illegal transactions made to hide the black money. Bribes are given by the people to bureaucrats, government officials, etc. This forms a vicious circle which is never going to end unless some serious step is taken by the government.
    • Effects on national income and real capita income– Black money is a result of revealing low income to the government while paying tax by people which results in low national income of the country. The national income of the country will take a big leap if the amount of black money in circulation is backed up to the national economy of the country. This will also increase the quality of life for the whole country.
    • Higher taxation and inflation – The main reason behind the taxation is to earn revenues for the expenditures done by the government to make a balanced budget. Therefore, it is obvious that if the amount of black money which the people are hiding from the government is revealed and included in the budget of the government then the tax rate will surely come down as the revenues which the government wants to earn from the people by imposing high taxes will already be with the government. Therefore the amount of goods and services which were there in the market according to the accounted money gets a hike in their prices which results in inflation.
    • Difficulty in the formation of monetary and fiscal policy – This is an obvious impact as the government while making these policies is not able to count the exact national income because of the hidden black money which makes such policies unrealistic.
    • Increased criminal activities in society– Black money usually gives rise to various illegal activities in society and corruption is one of them. The duration of the election is also the time when the illegal use of black money can be seen. Various terrorist activities have backup power of hoarders of black money which is even harmful to the whole country. The illegal weapons with various groups of unsocial elements are usually bought up by the use of black money.

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    Black Money in Startups – Conclusion

    The problem of black money should be solved in a real sense and a very rational manner.

    • First of all the problem is to be dealt with morally. The morals of the people in the society must be raised.
    • The tax system should be realistic in nature.
    • The authority which is responsible for the collection of taxes should be honest, without any corruption.
    • Various incentives should be given so that people voluntarily agree to disclose their real income.
    • The Economic Intelligence unit must be maintained thoroughly and should be looked after.
    • The corruption in administration must be stopped at all levels.
    • Startups should be aware of individuals who ask for higher credit in the company.
    • Limited kin involvement should be allowed.
    • The accounts must be looked after by the team and not the angel investors.

    The government alone cannot curb this issue completely from society. Making different policies, laws, acts and legislation will not work alone. For the implementation of these laws and policies, every citizen has to come forward. People should understand why it is important to pay tax and should stop evading their income and should not lead to the generation of black income. Every citizen should make some contribution to the development of the country in the form of paying taxes. By doing this, the economy will definitely decrease its black money, as well as startups will not need black money to operate.


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    Black Money in Startups – FAQs

    Why do Startups have Black Money?

    The social anomaly could appear in the world of budding talent, making the next generation soar to the highest levels of recognition and profit. This anomaly increases the need for black money in startups or businesses.

    What is Black Money?

    Black Money is the money that is earned through illegal activity and that money is not recorded for tax purposes.

    Are Startups a way to convert black money into white?

    Not always, because even startups fail. So if the startup fails, say in 2 years, then your money is gone. But it can be a way to convert black money into white. As the Startups have to pay taxes on raised money.

    Can a person convert black money into white through the stock exchange?

    No, even the money that is invested in the stock market is invested via banks. So if one breaches their bank limit, it automatically catches the eye of IT officials.

    There is no other way to convert black money into white besides paying taxes. If there would have been a way then no person has to leave their native country and roam like a fugitive.