Adani Group Chairman
Gautam Adani has been charged by the US over an alleged $265 million bribery and fraud scheme. US prosecutors claim Adani, his nephew Sagar Adani, and six others bribed Indian government officials to secure solar energy supply contracts, yielding $2 billion in profits over 20 years.
The US Securities and Exchange Commission (SEC) has indicted Gautam Adani and the others for breaching the Foreign Corrupt Practices Act (FCPA). The case is filed in the US District Court for the Eastern District of New York.
A look at the US Securities and Exchange Commission and its functioning:
The Securities and Exchange Commission (SEC) is a pivotal regulatory body in the US, established by Congress in 1934 in response to the stock market crash of 1929. Its primary mission is to protect investors, maintain fair and efficient markets, and facilitate capital formation. The SEC enforces federal securities laws designed to prevent fraud and ensure transparency in the financial markets, thereby fostering investor confidence.
The SEC oversees a wide range of entities within the financial sector, including stock exchanges, broker-dealers, investment advisors, and mutual funds. It requires public companies to disclose accurate financial information, ensuring that investors have access to essential data before making investment decisions. This transparency is crucial for maintaining market integrity and preventing manipulative practices that could harm investors.
The SEC operates through several divisions, each focusing on specific areas of the securities industry. These include:
-Division of corporation finance: Oversees corporate disclosure and compliance with securities laws.
-Division of enforcement: Investigates violations of securities laws and can bring civil actions against offenders.
-Division of investment management: Regulates investment companies and advisers.
-Division of trading and markets: Monitors the functioning of securities exchanges and ensures fair trading practices.
-Division of economic and risk analysis: Provides economic analysis to support the SEC's regulatory initiatives.
In recent years, the SEC has adapted its regulations to address emerging trends such as digital assets and cybersecurity threats, reflecting its commitment to evolve in sync with the changing financial landscape. The agency also collaborates with other regulatory bodies to enhance oversight and enforcement across jurisdictions.
Also Read: Gautam Adani charged by US in $265 million bribery case: Top things we know Indian counterpart: Securities and Exchange Board of India (Sebi)
India’s counterpart to the SEC is the Securities and Exchange Board of India (Sebi), which was established in 1988 as a non-statutory body and later granted statutory powers in 1992 through the Sebi Act. Sebi's primary objective is similar to that of the SEC: to protect investor interests while promoting the development and regulation of the securities market in India.
Sebi’s functions include a broad spectrum of responsibilities, including:
-Regulating stock exchanges: Ensuring that stock exchanges operate fairly and transparently
-Investor protection: Implementing measures to safeguard investors against fraudulent practices
-Market development: Promoting fair trading practices and enhancing market efficiency
-Enforcement powers: Sebi has the authority to impose penalties for violations, conduct investigations, and take legal action against offenders
Sebi operates through various departments that focus on different aspects of market regulation. It plays an important role in maintaining investor confidence by ensuring that companies adhere to strict disclosure norms and ethical standards. The board is composed of members appointed by the Indian government, including representatives from various financial sectors.
As global markets become increasingly interconnected, these regulatory bodies continue to evolve their strategies to protect investors and maintain market integrity.
As such, the SEC in the US and Sebi in India serve as guardians of their respective securities markets. Their efforts to enhance transparency, enforce regulations, and adapt to new challenges are essential for maintaining investor trust and ensuring the stability of financial systems globally.