The Dismissal of FCPA Charges Against Gautam Adani – and new insights into Rule 48(a) and its use by the Trump Department of Justice

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Friday, August 21, 2026
Author: 
Frederick T. Davis
Volume: 
42
Issue: 
9
Abstract: 

               On August 10, 2026, Judge Nicholas Garaufis of the Eastern District of New York (EDNY) granted in part a motion by the Department of Justice (DoJ) under F. R. Crim. P. 48(a) to dismiss an indictment charging Gautam Adani and others with massive corruption, fraud, and obstruction of justice.  Judge Garaufis’ 47-page opinion provides a stunning insight into the current administration’s handling of cases under the Foreign Corrupt Practices Act (FCPA); his obvious disdain for, and lack of trust in, the DoJ impelled him to reframe Rule 48(a) dismissals to ensure a vigorous judicial oversight of the DoJ, and essentially gives little or no presumption of regularity to its acts.