Tue Feb 25 13:48:28 UTC 2025: ## SEC Seeks India’s Help to Serve Adani Family in Fraud Case

**New Delhi, February 25, 2025** – The U.S. Securities and Exchange Commission (SEC) is seeking the Indian government’s assistance to serve summons on Gautam Adani and his nephew, Sagar Adani, in a securities and wire fraud case. The SEC informed a New York court on February 18th that it has invoked the Hague Service Convention to request India’s Ministry of Law and Justice to facilitate service. The Adanis are accused of bribing Indian officials for over $250 million to advance the Adani Group’s solar projects.

The SEC’s request comes despite a recent 180-day pause on enforcement of the Foreign Corrupt Practices Act (FCPA) by the Trump administration. However, the SEC’s filing indicates that this pause does not apply retroactively, suggesting the investigation will continue. Prime Minister Modi has stated that the Adani case was not discussed during his recent meeting with President Trump.

The Hague Service Convention, a multilateral treaty signed by 84 countries including India and the U.S., aims to ensure timely and proper notification of legal proceedings to defendants in foreign jurisdictions. India’s accession to the Convention in 2006, however, includes reservations limiting service methods primarily to the Ministry of Law and Justice, excluding alternative methods like diplomatic channels or social media.

This limitation has led to legal debates regarding alternative service methods. While some courts have allowed service via social media or email, others have rejected such approaches, emphasizing the need to adhere to the Convention’s prescribed procedures. Parties often circumvent delays by contractually agreeing to alternative service methods. The article also outlines the conditions under which a default judgment can be issued if a foreign government fails to cooperate. The SEC’s application highlights the complexities and challenges of cross-border litigation and the enforcement of international legal processes.

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