U.S. District Judge Nicholas Garaufis agreed Monday to dismiss three of five criminal counts against Indian billionaire Gautam Adani. The decision, outlined in a 47-page ruling, follows an alleged bribery scheme.
Garaufis sharply criticized Trent McCotter, the principal associate deputy attorney general, for his conduct. McCotter "appears to have eschewed the professional opinions of innumerable officials from various federal offices and replaced them with his singular judgment," Garaufis wrote.
McCotter made his decision "largely in collaboration with defense counsel," the judge said—without input from FBI and SEC agents who investigated the alleged misconduct, or attorneys from the Justice Department, SEC and U.S. Attorney's Office who brought the case.
Garaufis described McCotter's actions as "highly unusual" and said McCotter's "failure to comply with the procedural requirements evinces a lack of respect for the Judiciary as a co-equal branch."
McCotter had argued the indictment was brought in the "waning days of the Biden administration simply to name and shame Adani." Garaufis called that assertion "baseless" and "unbecoming of his office," adding that McCotter provided "not a scintilla of evidence" to suggest the timing or charging decisions were politically motivated.
Justice Department spokesperson Kiersten Pels responded to the criticism by referencing a July court filing from McCotter. In that filing, McCotter said he made his decision after "consultation with both defense counsel and in meetings with only department counsel, and after conducting my own research and analysis."
Prosecutors and regulators alleged in late 2024 that Adani and several associates orchestrated a multi-billion-dollar scheme. The indictment claimed defendants paid more than $250 million in bribes to Indian government officials to secure solar energy supply contracts projected to generate billions of dollars in profits. Adani and the other defendants then allegedly concealed the scheme while seeking to raise funds from U.S. investors and global financial institutions.
The Justice Department's May filing requesting dismissal carried the signatures of McCotter and the Brooklyn U.S. attorney. It did not list other officials.
The case is the latest instance of federal prosecutors seeking to dismiss a high-profile white-collar criminal prosecution during President Trump's second term. Adani has not appeared in U.S. court to respond to the charges.
Garaufis reserved judgment on two of the five counts, citing the Justice Department's failure to meet specific procedural requirements for those charges.
