An arrest warrant for suspected bribery has been filed against Gautam Adani in New York: What this implies and what follows

“A grand jury in New York indicted the business tycoon and seven others on charges of bribery of $265 million (approximately Rs 2,029 crore) on Wednesday (November 20), leading to the issuance of arrest warrants in the United States for Gautam Adani and his nephew Sagar Adani,” according to a Reuters article.

In order to secure profitable solar energy supply contracts “through corruption and fraud at the expense of US investors,” Adani and his accomplices allegedly bribed Indian government officials, according to Lisa H. Miller, Deputy Assistant Attorney General for the Justice Department’s Criminal Division.

What does an indictment signify for Adani and his suspected conspirators in the US judicial system? What will probably occur next? We clarify.

What is meant by an indictment?

“An indictment is a formal written accusation” made against a person accused of a crime after a methodical procedure, according to Black’s Law Dictionary.

Following an investigation into an alleged offense, the police turn over the evidence to a public prosecutor, who may represent the federal government or the state, depending on whether the charges are related to federal or state offenses. The prosecutor may then start the grand jury selection process if she thinks a major crime or “felony” has been committed.

Who are the members of a grand jury, and what is it?

A grand jury is a group of individuals chosen at random from a “fair cross-section” of the population residing in the court’s jurisdiction that has the authority to hear the case. Up to 23 individuals from the State of New York may serve on it, and at least 16 jurors must be present in order to hear testimony.

Since “in New York State, a person cannot be brought to trial for a felony unless that person has been indicted by a grand jury,” this stage is essential, according to the official Grand Juror’s Handbook for the State of New York, where Adani and his accomplices have been charged.

What is the role of a grand jury?

The goal of a grand jury is not to find an accused individual guilty or innocent, in contrast to a trial jury that is seen in court procedural dramas or films. A grand jury must reach a lesser threshold than a trial jury, which must find a defendant guilty “beyond a reasonable doubt.” The grand jury must determine if the evidence in the case is sufficient to warrant a trial at all, which is an extra stage in the criminal trial process.

The grand jury produces a “indictment” with a list of official charges against the accused if it finds the evidence to be sufficient. After that, the matter will go to trial for a final hearing and verdict.

Unlike public trial processes, grand jury proceedings are also conducted in private. Unlike when the matter gets to trial, the jurors do not have to agree unanimously to deliver an indictment. To decide whether to indict someone in New York, at least 12 jurors—out of the 16 to 23 who have heard the evidence—must concur.

Now what?

In Adani’s case, following the indictment, the trial will likely move to the “arraignment” stage. The accused will next choose whether to enter a guilty or not-guilty plea in answer to the charges after the court has informed them of the charges and determined whether to grant them bail. The case will go to a jury trial if they enter a not guilty plea.

Prosecutors apparently intend to give the arrest warrants to overseas law enforcement, according to Reuters.

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