Overview of Financial Scams in India
Overview of Financial Scams in India
with skill or authority, i.e. a doctor, lawyer, investor. After the internet became widely
baiting, email spoofing, phishing, or request for helps. These are considered to be
A scam is a dishonest attempt to trap you into parting with your money. A 'scammer'
may make a personal approach, with an offer too good to be true. Someone may email
you, phone, text-message or post an offer that they press you to take up. Scams can
reach their target audience in many ways, ranging from a one-person door-stepping
Advertisements, direct mail, text messaging, phone calls and e-mail are all widely
used, However SCAM means when a person tries to deceptively cheat you by first
giving you a very good offer about something but later on you would be shocked to
know that the person was simply bluffing and you have lost your money. An example
of this can be the lottery scam. For example a person calls or emails you and tells you
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that you have won a lottery prize but to get the money there is a small processing fee,
you have to pay that fee and then the money would be sent to you.
2. 2G Spectrum Scam
4. Satyam Scam
5. Telgi Scam
6. Bofors Scam
9. IPL Scam
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1.3- History of Financial Markets
Financial Market describes any marketplace where buyers and sellers participate in
the trade of assets such as equities, bonds, currencies and derivatives. Financial
trading, costs and fees and market forces determining the prices of securities that
trade.
Some financial markets only allow participants that meet certain criteria, which can
be based on factors like the amount of money held, the investor’s geographical
provide a variety of assets to savers as well as various forms in which the investors
can raise funds and thereby decouple the acts of saving and investment. The savers
and investors are constrained not by their individual abilities, but by the economy’s
ability, to invest and save respectively. The financial markets, thus, contribute to
economic development to the extent that the latter depends on the rates of savings and
investment.
Money market
Capital market.
with high liquidity and very short maturities are traded. The money market is used by
participants as a means for borrowing and lending in the short term, from several days
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to just under a year. Money market securities consist of negotiable certificate of
(repos). Money market investments are also called cash investments because of their
short maturities. The money market is used by a wide array of participants, from a
company raising money by selling commercial paper into the market to an investor
purchasing CDs as a safe place to park money in the short term. The money market is
typically seen as a safe place to put money due the highly liquid nature of the
securities and short maturities. Because they are extremely conservative, money
securities. However, there are risks in the money market that any investor needs to be
aware of, including the risk of default on securities such as commercial paper.
Capital Market is one in which individuals and institutions trade financial securities.
Organizations and institutions in the public and private sectors also often sell
securities on the capital markets in order to raise funds. Thus, this type of market is
corporation requires capital (funds) to finance its operations and to engage in its own
securities - stocks and bonds in the company's name. These are bought and sold in the
capital markets.
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The capital markets have two major components:
Primary market
Secondary market
other groups obtain financing through debt or equity based securities. Primary
markets, also known as "new issue markets," are facilitated by underwriting groups,
which consist of investment banks that will set a beginning price range for a given
security and then oversee its sale directly to investors. The primary markets are where
investors have their first chance to participate in a new security issuance. The issuing
company or group receives cash proceeds from the sale, which is then used to fund
Euro issues
Private placements
additional shares directly from the company in proportion to their existing holdings,
within a fixed time period. In a rights offering, the subscription price at which each
share may be purchased in generally at a discount to the current market price. Rights
are often transferable, allowing the holder to sell them on the open market.
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Euro issues:
Newly public companies that want to raise more money tend to issue this type of
stock. Euro equity is a term used to describe an initial public offer occurring
simultaneously in two different countries. The company's shares are listed in various
countries rather than where the company is based. This method differs from cross-
listing where company shares are listed in the home market and then listed in a
different country. Euro equities are sometimes European securities sold on several
Private placement:
raising capital. Investors involved in private placements are usually large banks,
mutual funds, insurance companies and pension funds. Private placement is the
opposite of a public issue, in which securities are made available for sale on the open
market.
investors, rather than from issuing companies themselves. The Securities and
Exchange Commission (SEC) registers securities prior to their primary issuance, then
they start trading in the secondary market on the New York Stock Exchange, Nasdaq
or other venue where the securities have been accepted for listing and trading.
OTC MARKET
Securities exchanges
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OTC MARKET:
dealer market. The term "over-the-counter" refers to stocks that are not trading on a
stock exchange such as the NASDAQ, NYSE or American Stock Exchange (AMEX).
This generally means that the stock trades either on the over-the-counter bulletin
board (OTCBB) or the pink sheets. Neither of these networks is an exchange; in fact,
and pink sheet companies have far fewer regulations to comply with than those that
trade shares on a stock exchange. Most securities that trade this way are penny stocks
SECURITIES EXCHANGES:
Regulated financial market where securities (bonds notes, shares) are bought and sold
at prices governed by the forces of demand and supply. Stock exchanges basically
serve as
other incorporated bodies can raise capital by channeling savings of the investors into
productive ventures
(2) Secondary markets where investors can sell their securities to other investors
for cash, thus reducing the risk of investment and maintaining liquidity in the system.
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CHAPTER -2
RESEARCH METHODOLOGY
The chapter represents the methodological foundations. It also focuses on the issues
that are relevant to this study.This is followed by the research design, methodology
and limitations. Research is used in this study in order to identify the scams in India.
1- Collection of Data:
Interview
Structured Questionnaire
a. Books
c. Internet
2- Sampling unit:
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The Study population includes the Employees of Private Company and its
Director.
Sample Size
To get opinion from Employees of Company and sample of 12 Employees
along with the CEO of a Company were elected basing on convenient
sampling.
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2.2- Objectives of the Study
4. To Understand the financial regulatory measures which have been adopted after
the 1991 share scam in India and why despite such measures adopted a security
scam has recurred in 2018.
6. To Suggest preventive and fraud control measures with the help of research data
analysis
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2.3- Hypothesis of the Study
The following ten null hypotheses are formulated on the basis of objectives
formulated for the study:
H1o: Scams exposure faced by Indian companies and areas that need more stringent
anti Scam regulation are independent of each other
H2o: The selection for mechanism used for discovering Corporate Scams is
independent of the individual profile
H9o: Income and tolerance level are independent. H9o There was a statistically
significant difference between means for attitude towards scams happening every
year.
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2.4- Limitations
Best possible efforts have been made to guarantee that the research is planned and
carried out to optimize the capability to accomplish the research objectives. However
there are some limitations that may not authenticate the research however it needs to
be acknowledged.
1. One of the basic assumptions of this research is that the all Employees are
knowledgeable for inspecting their perceptions regarding Scams. Certain topics in the
study concentrate on perceptions and attitude of various respondents.
2. The evaluation done for data analysis is based on the primary data produced with
the help of questionnaire and its findings depend completely on the accurateness of
such data.
3. Different experts have special views on estimating attitude and perceptions. The
views that have been used for the current purpose cannot be declared as absolute and
perfect.
4. Sample taken perception is from Mumbai city only. The results of this study cannot
be generalized to Employees of other regions. Expert Interview taken is also not done
for all the companies so again it cannot be generalized to all the experts.
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2.5 - The Scope of Financial Scams in India
1) Geographical: Talking about the scope of study this project is applicable to whole
India, applicable to financial Institutions and companies which are in competition
globally.
2) Temporal: The Study has covered the analysis and Interpretation of data from the
period of decades.
3) Theoretical: This topic clearly focuses on study of Financial Scams and the
measurements taken to curb Scams.
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Chapter- 3
Literature Review
Literature Review
1. Kartik Athreya, Felicia Ionescu and Urvi Neelakantan in there study
entitled, “Stock Market Participation:The Role of Human Capital” examined
how human capital investment is significant for most individuals, while stock
market participation is limited, especially early in life.
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Japan in order to study the stock market literacy of the investors about the
company, stock exchanges as well as capital market regulatory bodies The
study also revealed that awareness differs among different groups of investors.
15
10. Viswambharan A.M, (2009), in his study on “Indian Primary Market –
Opportunities and Challenges”, examined the recent trends in primary market,
the current IPO system – book building process, opportunities for investors,
problems faced by the investors and suggested that investors should rely on
long term investment than speculation.
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of shareholding. The study indicated that the disclosures made by the
companies need to be improved for the benefit of the investors.
14. Gupta. LC5, (1998), carried out a study entitled, “What Ails the Indian Capital
Markets? To find out the problems associated with the Indian Capital Market.
Three hundred middle and upper middleclass households were selected at
random and were interviewed for the study. The study stated that majority of
the respondents were not satisfied with the company management and the
statutory auditors. Majority of the investors did not have much confidence
even with the regulatory agencies. Many respondents had complaints against
companies rather than stock brokers.
15. Santi Swarup K7, (2008), in his study entitled, “Role of Mutual Funds in
Developing Investor Confidence in Indian Capital Markets”, identified safety
and tax savings as the important factors affecting investment in various
avenues by the investor and developed strategies for enhancing common
investor confidence such as good return, transparency, investor education,
guidance etc.
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Chapter 4
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18
4.2 - Case Studies
The company offers information technology (IT) services spanning various sectors,
and is listed on the New York Stock Exchange and Euro next. It is considered as an icon
among the IT companies and at one point had over billion dollar revenue. Sat yam’s
network covers 67 countries across six continents. The company employs 40,000 IT
professionals across development centers in India, the United States, the United
Kingdom, the UAE, Canada, Hungary, Singapore, Malaysia, China, Japan, Egypt and
Australia. It serves over 654 global companies, 185 of which are Fortune 500
corporations.
Satyam has strategic technology and marketing alliances with over 50 companies’
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Satyam Computers had on December 16, 2008, announced that it will acquire two
group firms - Maytas properties and Maytas Infra. The BOD of Satyam had approved
the founder’s proposal to buy 51 per cent stake in Maytas Infrastructure and 100 % in
Maytas Properties. The total outflow for both the acquisitions was expected to t be
US$ 1.6 bn comprising of US$1.3 bn for the 100% stake in Maytas Properties and
US$ 0.3 bn for the 51% stake in Maytas Infra.This is the move that sparked a row
over alleged violation of corporate governance laws. This deal is not profitable for
investor’s .So after this announcement they started to raise their voices against the
deal.
Maytas infrastructure:
The company is run by the sons of Ramalinga Raju .It was started in the late 1980’s by
Ramalinga Raju. The main reason for the debacle of Maytas Infra is due to the debacle
of Satyam.
Maytas properties:
One of the reasons for the debacle of Maytas properties is the ongoing economic
slowdown. The company has huge land banks and the prices have dropped down in
ANALYSIS:
The truth is as old as the hills" opined Mahatma Gandhi, So a company named
offered information technology (IT) services spanning various sectors all over the
world & was very well known in Stock Exchange with an increasing price of the
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shares of company. Satyam network covered around 67 countries across six
continents with 40,000 IT Professionals working in India, US, UK, UAE, Canada,
Hungary, Singapore, Malaysia, China, Japan, Egypt and Australia. It even serves 654
global companies. Within no time, business was booming. Andhra Pradesh, of which
Hyderabad is the capital, has one of the largest pools of skilled manpower in India.
Satyam would prove a doughty competitor to its rivals, pricing its services so
aggressively that some thought it was prepared to go with minimum profits in order to
gain customers. And it expanded aggressively overseas. When he opened his Sydney
office a few years ago, he occupied premises vacated by a top global IT firm. In China
, provincial leaders vied to invite Satyam to set up operations in their areas. But once
Mr. Raju sold shares to the Indian public in 1992 and later, went for a New York
listing in 2001, pressure grew on him to improve the company’s performance. Ever
competitive, he was also in rush to catch the market leaders, Tata Consultancy
Services, Infosys Technologies and Wipro. Raju was obsessed with getting past the
billion-dollar sales mark. When he got there, he wanted to post US$2 billion .Satyam
posted US$2.1 billion (S$3.1 billion) sales in the year to March 31; 2008.With the
ever-rising pressure to perform, Satyam began doctoring the books to show bigger
profits by manipulating the balance sheet, process that began several years back. For
Satyam, the recent developments are a direct leftover of the past. In fact, the story is
about a decade old. In late 1999, India World — a largely unknown internet firm —
was acquired by Satyam group company, Satyam Info way, for an eye-popping Rs
500 crore. The consternation that accompanied this deal was not hard to comprehend.
India World had a top line of just Rs 1 crore and a net profit of an insignificant Rs 25
lakh. At Rs 500crore, Satyam Info way, later renamed Sify, was paying this
astronomical sum not just for India World but for a number of sites that came with it
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— among them weresamachar.com, khel.com and khoj.com. The argument dished out
was based on the potential of the internet business and the logic of eyeballs was
driving this valuation story. One was not sure about the source of funds and how
much money went back to RamalingaRaju.A few months later in 2000, shareholders
of Satyam were an irate lot. At the annual general meeting (AGM) of thecompany in
claimed they were defrauded. This was after the merger of three subsidiaries —
Spark Solutions — with Satyam Computer Services. Post merger, 8 lakh shares of
Satyam Computers were allotted to C Srinivasa Raju, who was then Satyam
Computers ‘executive director. Shareholders contended that SESL had made a rights
issue of 12 lakh shares at par just before this merger. A third of this was bought by
Satyam Computer while the remaining 8 lakh shares went Srinivasa Raju’s way after
they were renounced. Once shareholders of SESL were given shares in Satyam
Computers in a 1:1 proportion, Mr. Raju got 8 lakh shares at just Rs 10 each, when
Computers, however, maintained that things were above board, though shareholders
7th Jan-09. In 2002, the department of company affairs (DCA) was in receipt of a
irregularities in the company. Here, it was stated that Satyam’s directors invested
process of tax evasion and employing methods such as writing off large amounts on
depreciation. At first blush, Raju’s statement to the board (Raja’s letter to the board
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Appended as Annexure I) in which he confesses to inflating profits appears a act of
contrition by a man who was willing to stand up and face the music for his
transgressions. If Raju was dressing up the bottom-line, it was only to boost the
company’s valuation and ensure that it stayed in the big league of IT services. A
higher valuation also enabled Raju to borrow more money against his shareholding.
QUERIES:
Mr. Raju started doctoring the sheet simply to show superior performance and to be in
Why satyam announced that it will acquire maytas infra and maytas properties?
Company announced Acquisition of 51% stake in Maytas Infra and 100% stake in
Maytas Properties on 16th Dec 2008 to hide the irregularities in the accounts which
A) Restore the Management of the company & appoint some reputed people as BOD.
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Sundry Debtors 2651.6 CR Actual Debt was 2161;
Cash & Bank Balance 5312.62 CR Actual cash in bank was 321C.
If satyam was fudging funds, where were the funds for all cash acquisition coming
from?
based Knowledge Dynamics Consulting Solution Provider 3.3 Mn (All cash deal)3)
and consultancy group 5.5 Mn (All cash deal)4) Jan-08 Chicago based Bridge
Strategy Group Management consulting firm 35.00 Mn (All cash deal)5) Apr-08
Caterpillar Inc Market research and customer analytics operations 95.5 Mn for both
firm.
Who is guilty in this sordid state of events? MR. Raju is by far the father of this
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1. The auditors:
PwC has written a letter to the BOD of Satyam that its audit may be rendered
"inaccurate and unreliable" due to the disclosures made by Satyam's (ex) Chairman.
Since the Auditors do bank reconciliation to check whether the money has
indeed come or not. They check bank statements and certificates. So was this a
total lapse in supervision or were the bank statements forged? No one knows yet. The
company officials said they relied on data from the reputed auditors.
2. The promoters:
Since the promoters, in this case, held only about 8 percent shares, their idea to
push through the Maytas acquisition deal was defeated by an angr y lot of
shareholders.
3. The Sebi:
The Sebi had in December given a clean chit to Satyam in the probe on violation
4. The bankers:
If the auditors were conned, it means that either the bank statement or certificates
were forged Satyam’s banks – ICICI Bank, HDFC Bank, Bank of Baroda, etc.
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5. The directors and independent directors:
Despite the shareholders not being taken into confidence, the directors went ahead
6. The Government:
The government too is equally guilty in not having managed to save the shareholders,
the employees and some clients of the company from losing heavily.
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CASE STUDY –II (SECURITIES SCAM)
PART 1
Harshad Mehta was born n 29thy July in a Guajarati Jain family. Moved from small
town Raipur to find his future in Mumbai. First job as dispatch clerk in new India
assurance. Worked with stock brokers and soon managed to get a broker’s card.
Soon started his own ventures grow more research and assets management company
ltd. He became a dream seller and celebrity of the financial world. People started to
address him as the” Big Bull of Market”. On April 23, 1992 journalist Suchita Dalal
in a column in the Times of India exposed the dubious ways of harshad Mehta. He
was later charged with 72 criminal offences and 600 civil actions were filed against
him. He died in 2002 due to a massive heart attack in a jail in thane, with much
Diversion of funds from the banking system to brokers for financing their
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Intra-day trading-the modus operand mainly included investing heavily in certain
shares at the start of the day which led to a sharp increase in the price of the stock
and then cashing in at the end of the day to reap huge benefits.
Following two aspects shall be explained in detail later .Use of Ready Forward
Taking advantages of the loopholes in the banking system, Harshad and his associates
triggered a securities scam diverting funds to the tune of Rs 4000 Cr. from the banks
to stockbrokers from April1991 to May 1992. He caused the steep rise in the Stock
market index in the year 1992 by bidding at a premium for many shares.
Some of the stocks which were highly invested in by Harshad Mehta were:
Reliance
BPL
Sterlite
Videocon
TABLE: 1
The graph shows the rise in the Sensex during the period when Harshad Mehta was
operational and putting in loads of money in the stock exchange increasing the
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R E A D F O R W A R D ( R F )
Disappearance of money:
investigating agencies, it would be impossible to trace all the money swindled from
the banks. At this stage we can only conjecture about where the money has gone and
what part of the misappropriated amount would be recovered. Based on the result of
A large amount of the money was perhaps invested in shares. However, since
the share prices have dropped steeply from the peak they reached towards end
of March 1992, the important question is what are the shares worth today? Till
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February 1992, the Bombay Sensitive Index was below 2000; thereafter, it
rose sharply to peak at 4500 by end of March 1992. In the aftermath of the
Mehta's purchases were made at low prices, so that the average cost of his
2000. Therefore, Mehta's claim that he can clear all his dues if he were
It is well known that while Harshad Mehta was the "big bull" in the stock
Dalal, A.D. Narottam and others, operating in the market with money cheated
out of the banks. Since the stock prices rose steeply during the period of the
scam, it is likely that a considerable part of the money swindled by this group
would have been spent on financing the losses in the stock markets.
It is rumored that a part of the money was sent out of India through the Havala
Bonds. These bonds are redeemable in dollars/pounds and the holders cannot
be asked to disclose the source of their holdings. Thus, this money is beyond
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A part of the money must have been spent as bribes and kickbacks to the
various accomplices in the banks and possibly in the bureaucracy and in the
political system.
A part of the money might have been used to finance the losses taken by the
the money that went out of the banking system came back to it. In sum, it
Immediate impact :
After the Harshad Mehta scandal was exposed, April, 1992, the situation in share
market was that of utter chaos. The first impact of the scam was a steep fall in the
share prices. The index fell from 4500to 2500 representing a loss of Rs. 100,000
crores in market capitalization. However, the major damage to the stock market did
not stop here. Since the accused were active brokers in the stock markets, they had
traded a large number of shares during the previous year. All these shares became
tainted and worthless and could not be used in the market. This was a great loss to the
innocent investor who had bought these shares much before the scandal was exposed.
There was a lot of media coverage on the scam and the political parties left no
opportunity in criticizing the government for it. The government was under immense
pressure and its liberalization policies were severely criticized. It was also believed
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that Harshad Mehta and his accomplices were behind framing of these policies. In the
end the government had to put the liberalization plans on hold. SEBI had to postpone
the sanctioning of private sector mutual funds. Implementation of some aspects of the
The much talked about entry of foreign pension funds and mutual funds became more
remote than ever. The Euro-issues planned by several Indian companies were delayed
since the ability of Indian companies to raise equity capital in world markets was
severely compromised.
Fake bank receipts (BR) which were an integral part of the execution of the whole
scam landed the banks involved in a tight spot. These BR were declared void and
public money was at stake. At least ten prominent banks were involved in this; some
of them being SBI, Standard Chartered and a subsidiary of RBI. The scam could have
been checked in time with proper policies and verifications. The government, the RBI
and the commercial banks are as much accountable as the brokers for the scam. The
brokers were encouraged by the banks to divert funds from the banking system to the
stock market. The RBI too stood indicted because despite knowledge about banks
Margabandhu, CMD of the UCO Bank (Arrested and sacked) and V. Mahadevan, one
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CASE STUDY-II (SECURITIES SCAM)
PART-2
Ketan Parikh is a former stock broker from Mumbai, India. He was convicted in 2008,
for involvement in the Indian stock market manipulation scam in late 1999-2001.
Currently he has been debarred from trading in the Indian stock exchanges till 2017.
He was trainee of Harshad Mehta. Ketan Parikh can be best described as the pied
piper of Dalal Street. Parekh came from a family of brokers which helped him to
create a trading ring of his own. A Mumbai based stock broker chartered accountant
by profession. Ketan Parikh took advantage in certain stocks which later came to be
known as ‘K-10’ STOCKS. He held significant stakes in the K-10 companies the
buoyant stock markets from January 1999 helped the K-10 stocks increase in value
substantially, as a result other brokers and fund managers started investing heavily in
these stocks.
Aftek Infosys
DSQ Software
Global Telesystems
Pentamedia Graphics
Satyam computers
SSI
33
ZEE Telefilms
On March 1st, 2001 a fall about 176 points was seen in the sensex. Prior day union
budget tabled prompted 177 sensex points increase. SEBI launched immediate
investigation on the notice of the current situations in the market. SEBI inspected the
books of several brokers suspected of triggering the crash. RBI ordered some banks to
furnish data of capital market exposure. BSE President Anand Rathi’s resignation
added to continued downfall of sensex. The situations opened debate over banks
financial capital markets operations, lending f funds against collateral security, dual
control of co-operative banks. Ketan parekh was arrested by CBI on 30th march 2001.
He was charged defrauding Bank of India by almost 20$ million. Then there was
Though Ketan Parekh was a successful broker, he did not have money to buy large
stakes as he held the stakes of more than RS.750 million in july1999, according to a
report. Analyst claimed that he had borrowed from various companies and banks for
this purpose. His financing method was fairly simple. He bought shares when they
were trading at low prices and saw the rise in the bull market while continuously
trading. When the prices were high enough he pledged the shares with banks as
collateral for funds, and also borrowed from the companies like HFCL.
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It could not have been possible without the involvement of banks. A small
KP’s main ally in the scam. KP and his associates started tapping the MMCB for
funds in early 2000. In December 2000, when Ketan Parikh faced liquidity problem in
First was the pay order route, where Ketan Parikh issued cheques drawn on bank
of India (BOI) TO MMCB, again which MMCB issued pay orders, the pay order
discounted at BOI.
The second route was borrowing from MMCB branch at Mandvi (Mumbai) where
different companies owned by Ketan Parikh and his associates had accounts.
Ketan Parikh used 16 such accounts, either directly or indirectly through other
Lack of regulations and surveillance on the bourse allowed a highly illegal and
volatile Badla business. Calcutta Stock Exchange had the third largest volumes in the
country after NSE & BSE. Calcutta stock exchange helped Ketan Parikh to cover his
operations from his rivals in Mumbai. Brokers at CSE used to buy shares at Ketan
Parikh behest. These brokers had to keep shares in their name and they were paid
By February 2001, CSE were reduced to estimated Rs. 6-7 billion from their initial
worth of Rs.12 billion. Ketan Parikh’s Badla payments were not honored on time for
35
the settlement and about 70 CSE brokers defaulted on their payments. By mid-march,
Ketan Parikh was threatening to sue the bank of India for defamation because it
complained of bouncing of 1.3 billion pay orders issued to the broker by Madhavpura
mercantile cooperative bank. Investigations by SEBI & CBI reveal that sheer
The stock exchange acts as an intermediary between you and the actual lender. You
will be changed on interest rate for borrowing, which will be determined by the
demand for that stock under badla trading. Thus, higher the demand for Wipro under
badla trading higher will be the interest rate. You can keep your borrowing unpaid for
a maximum of 70 days, after which you will have to repay the badla financer through
the exchange.
An additional 10% deposit margin was imposed on outstanding net sales in the stock
markets. The limit of application of the additional volatility margins was lowered
from 80% to 60%. To revive the markets SEBI imposed restriction on short sales and
ordered. It suspended all the broker member directors of BSE’s governing board.
SEBI also banned trading by all stock exchange presidents, vice presidents and
treasures. SEBI allowed banks for collateralized lending only through BSE & NSE.
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Conclusion:
37
CASE STUDY –III (CRB SCAM)
History of C.R.Bhansali:
Born in a jute trader's house in Calcutta, Bhansali was a studious person. After
In the same year, he started a financial consultancy firm, CRB Consultancy. Through
Bhansali's personal contacts, CRB Consultancy soon managed to secure the business
Over the years, Bhansali acquired other degrees as well including ACS, Ph.D., MIIA
(US) and a diploma in Journalism. Though he made a lot of money, Bhansali found it
difficult to find recognition in Calcutta. He then moved to New Delhi to join one of
the country's leading registrars of companies. However when Bhansali was caught
short-charging the registrar's clients, he had to leave. Bhansali then established 'CRB
Consultants,' a private limited company in New Delhi in 1985. In 1992, the name of
the company was changed to CRB Capital Markets (CRB Caps) and it was converted
into a public limited company. The company offered various services including
merchant banking, leasing and hire purchase, bill discounting and corporate funds
management, fixed deposit and resources mobilization, mutual funds and asset
management, international finance and forex operations. CRB Caps was also very
active in stock-broking having a card both on the BSE and the NSE. The company
raised over Rs 176 crore from the public by January 1995. The A+ rating given by
Bhansali's schemes.
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Table: 2
He had established good contacts in the Registrar of Companies and the Controller of
Capital Issues offices. He registered companies with practically no equity and then
stage-managed the dummy company's maiden public issue with a few hundred
investors, largely from Calcutta's close knit Marwari Jain community. Having had a
company listed on the stock exchange, Bhansali then sold it for a profit to
39
businessmen who needed dummy public limited companies in a hurry. Bhansali used
his own money to rig share prices in order to raise more money from the markets in
two ways. Firstly, he bought his own stock through private finance companies owned
by him. Secondly, he used his other public companies to buy into each other as cross-
holdings.
In May 1996, CRB Caps opened a current account in SBI's main Mumbai branch, for
payment of interest, dividend and redemption cheques. The payment warrants could
be presented at any of the 4,000 SBI branches for payment. However, Bhansali was
granted only a current account facility and did not enjoy any overdraft facility. He
was expected to deposit cash upfront into the current account, along with a list of
payments that had to be honored. Claiming that the logistics of payment were very
complex and that it was not possible for every branch to check with the head office
before honoring a dividend warrant, the branches gradually began treating these
instruments just like a demand draft. For about nine months, the setup worked very
well. However, in March 1997, SBI realized that the account had been overdrawn to
the extent of a few crores. Bhansali was called to the SBI office and asked to remit the
The collapse of the CRB group seemed to be a fraud allowed by supervisors despite
the regulations in place. The lack of clear communication channels between the
40
banks, RBI and the government seemed to have worked to Bhansali's advantage to a
great extent. Frequent clashes occurred between RBI and SEBI in the media, with
both of them trying to prove how the other was responsible for not acting early
enough. The RBI claimed that it had no powers to examine the asset quality of the
CRB group and thereby was not in a position to pass any judgment on the character of
asset generation or deployment of the funds raised by the group. The bank further
claimed that the powers were granted only in March 1997, when the RBI Act of 1934
was amended to include specific provisions for the purpose. The bank also stated that
it had begun to examine the liabilities and not the assets. However, media reports
May 18, 1997 - hundreds of angry, frustrated and scared people stood outside the
Reserve Bank of India's (RBI) Mumbai headquarters under the scorching sun. They
were waiting for Chain Roop Bhansali (Bhansali), the head of the CRB Group of
companies to arrive.
Three days earlier the RBI had given Bhansali 72 hours to come up with a plan to
repay his liabilities following over 400 complaints from depositors in his company's
financial schemes. Most top officials of CRB were untraceable from the second week
of May itself. The Central Bureau of Investigation (CBI) locked and sealed the offices
of the CRB Group and arrested six persons, including four directors (two from
Bikaner and two from Mumbai) of the satellite companies of the group, a financial
controller in Mumbai and a relative and close associate of Bhansali in Delhi. The CBI
41
one each in Chennai and Ahmadabad and two places each in Calcutta, Jhunjunu,
Sujangarh and Bikaner. The CBI froze the bank accounts of the group companies and
seized incriminating files and other documents from the residence of the vice-
president of the CRB group in Mumbai. Following rumors that Bhansali had fled
India and was hiding in Hong Kong or Canada, the CBI sought Interpol's assistance to
trace his whereabouts. RBI filed a winding-up petition claiming that the continuance
of the CRB Group was not in the interest of the public and depositors. The order
prohibited CRB from selling, transferring, mortgaging or dealing in any manner with
its assets and from accepting public deposits. In response, Bhansali sent a letter to the
RBI. Though it was not signed by him, the letter said that the RBI order had led to the
deterioration of the company's financial position. It added that the company was
facing tremendous problems with payments to fixed depositors. The letter further said
that 'we have, also expressed that in view of the precarious situation which is fast
going out of our control, before it becomes unmanageable, our case should be
considered sympathetically.' This letter led the investors to believe that Bhansali
would come out of hiding and work out a way to get out of the mess.
The CRB scam took the whole nation by storm. At one point, the Union finance
ministry held a meeting everyday to get to the bras stacks of the CRB fiasco. In a
meeting with SEBI, the finance minister criticized the regulator severely. The
government asked the RBI to prepare a panel of auditors asking to explore the
1998, the SEBI appointed an administrator for CRB's Arihant scheme finalized a
42
scheme for payment to the unit holders under the scheme; the investors were
prematurely paid Rs 4.95 per unit, which was its NAV as of 31 March 1998. When
the administrator had taken over, the assets of the scheme comprised the fund's frozen
bank accounts worth Rs 81 lakh, plus some dividends from investments. Besides,
there were a large number of listed (but thinly traded) and unlisted shares amounting
to Rs 17.5 crore.
43
CASE STUDY IV
2G Spectrum Scam
What is 2G?
Environmental conditions were very good for this network & no network
shortage was there.
INTRODUCTION
The 2G spectrum scam was a telecommunications scam and political scandal in which
politicians and government officials under the Congress government undercharged
mobile telephone companies for frequency allocation licenses, which they then used
to create 2G spectrum subscriptions for cell phones. The difference between the
money collected and that mandated to be collected was estimated by the Comptroller
and Auditor General of India at 1766.45 billion (US$27 billion), based on 2010 3G
and ₹BWA spectrum-auction prices. In a charge sheet filed on 2 April 2011 by the
Central Bureau of Investigation (CBI, the investigating agency), the loss was pegged
at 309845.5 million (US$4.7 billion). In a 19 August 2011 reply to the CBI, the
₹Telecom Regulatory Authority of India (TRAI) said that the government had gained
over 30 billion (US$450 million) by selling 2G spectrum. Minister of
₹Communications & IT Kapil Sibal said in a 2011 press conference that "zero loss"
wasincurred by distributing 2G licenses on a first-come-first-served basis.
Although the policy for awarding licenses was first-come, first-served, Raja changed
the rules so it applied to compliance with conditions instead of the application itself.
On 10 January 2008, companies were given only a few hours to supply Letters of
Intent and payments; some executives were allegedly tipped off by Raja, and they
(andthe minister) were imprisoned. In 2011 Time ranked the scam second on their
"Top 10 Abuses of Power" list, behind the Watergate scandal
On 2 February 2012, the Supreme Court of India ruled on public interest litigation
44
(PIL) related to the 2G spectrum scam. The court declared the allotment of spectrum
"unconstitutional and arbitrary", cancelling the 122 licenses issued in 2008 under
Raja (Minister of Communications & IT from 2007 to 2009), the primary official
accused. According to the court, Raja "wanted to favor some companies at the cost of
the public exchequer" and "virtually gifted away important national asset." The zero-
loss theory was discredited on 3 August 2012 when, after a Supreme Court
directive,the government of India revised the base price for 5-MHz 2G spectrum
auctions to 140 billion (US$2.1 billion), raising its value to about 28 billion (US$420
million)₹ per MHz (near the Comptroller and Auditor General estimate of 33.5
billion ₹(US$510 million) per MHz).
Accused parties
The selling of the licenses drew attention to three groups: politicians and bureaucrats,
who had the authority to sell licenses; corporations buying the licenses, and
professionals who mediated between the politicians and corporations.
Politicians
The following charges were filed by the CBI and the Directorate General of Income
Tax Investigation in the Special CBI Court.
Raja
Political career: Four-time DMK member of Parliament (present constituency
Nilgiris,
Tamil Nadu), former Union Minister of State for Rural Development (1999) and
Health and Family Welfare (2003), former Union Cabinet Minister for Environment
and Forests (2004) and Communication and Information Technology (2007 and 2009)
M. K. Kanimozhi
Political career: Daughter of five-time Chief Minister of Tamil Nadu M. Karunanidhi.
A DMK member of Parliament, representing Tamil Nadu in the Rajya Sabh
Bureaucrats
A number of bureaucrats were named in the CBI charge sheet filed in its Special
Court.
Siddharth Behura
Executives
A number of executives were accused in the CBI charge sheet.
45
Sanjay Chandra
Position: Former Unitech Wireless managing director
Gautam Doshi
Position: Managing director, Reliance Anil Dhirubhai Ambani Group
Hari Nair
Position: Senior vice-president, Reliance Anil Dhirubhai Ambani Group
Vinod Goenka
Position: Managing director, DB Realty and Swan Telecom
Shahid Balwa
Position: Corporate promoter, DB Realty and Swan Telecom
Sharath Kumar
Position: Managing director, Kalaignar TV
Ravi Ruia
Position: Vice-chair, Essar Group
Anshuman Ruia
Position: Director, Essar Group
Media role
OPEN and Outlook reported that journalists Barkha Dutt (editor of NDTV) and Vir
Sanghvi (editorial director of the Hindustan Times) knew that corporate lobbyist Nira
Radia influenced Raja's appointment as telecom minister,[84] publicising Radia's
phone conversations with Dutt and Sanghvi[85][86] when Radia's phone was tapped
by the Income Tax Department. According to critics, Dutt and Sanghvi knew about
the link between the government and the media industry but delayed reporting the
corruption
46
CASE STUDY- V
INTRODUCTION OF COMMONWEALTH
HISTROY OF COMMONWEALTH
47
makingthem the first fully inclusive international multi-sport games. This meant that results
were included in the medal count.
The Empire Games flag was donated in 1931 by the British Empire Games Association of
Canada. The year and location of subsequent games were added until the 1950 games. The
name of the event was changed to the British Empire and Commonwealth Games and the flag
was retired as a result.
Suresh Kalmadi (born 1 May 1944) is an Indian politician and senior sports
administrator.He was formerly a member of the Indian National Congress
. He was a member of parliament from Pune till May 2014. He is alleged to have been
involved in corrupt practices in relation to the 2010 Commonwealth Games
during his tenure as president of Association and chairman of Common Wealth Games 2010.
He was charged with conspiracy, forgery, misconduct and under provisions of the Prevention
of Corruption Act and later arrested for the same in April 2014, but as has yet not faced trial.
In 1977, Kalmadi became the President of the Indian Youth Congress, Pune, and the very
next year took over President-ship of the Youth Congress, Maharashtra, a post he held from
1978 to 1980. In 1980, as the President of the Maharashtra Athletics Association, Kalmadi
undertook the selection trials for the Marathon team to represent the country at the Moscow
Olympics. This soon led to the establishment of the Pune International Marathon. He was a
member of the Rajya Sabha for three terms from 1982 to 1996, and again in 1998. Kalmadi
took over as the Chairman of the Maharashtra Tourism Development Corporation and in
1989 started the Pune Festival. He was also elected to the 11th Lok Sabha in 1996, and to the
14th Lok Sabha in 2004. During the tenure of P. V. Narasimha Rao
as the Prime Minister of India, Suresh Kalmadi served as the Minister of State for Railways
from 1995 to 1996. He presented the Railway Budget then as Union Minister of State for
Railways, the only MoS to do so. Kalmadi served as the President of the Indian Olympic
Association from 1996 to 2012.
He also served as the president of Asian Athletics Association
from 2000 to 2013 and was named its Life President in 2015.
CONTROVERSY
48
Formula One Grand Prix to India in 2007. Later that year, the UK-based organizers Formula
One Administration Limited signed a Rs 1600-crore contract in this regard with India-based
JPSK Sports Private Limited. Records obtained by The Indian Express showed that Pune-
based Sulba Realty Private Limited was a 13% shareholder in JPSK, along with
Jaypee Group (74%). Kalmadi's son Sumeer was a director in Sulba Realty at the time, which
would have implied a conflict of interest. While the JP in JPSK stood for Jaypee Group, it
was alleged that the SK was a reference to Suresh/Sumeer Kalmadi. Records from the
Registrar of
Companies, India showed that a year after the company was floated, Kalmadi's daughter,
Payal Aditya Bhartia, and his son-in-law, Aditya Bhartia, joined JPSK as independent
directors
Amount directly spent on Commonwealth Rs. 670 crore on Stadium Flyovers and bridges,
including Barapulla Nallah Rs. 3700 crore ROB, RUB at Indira Gandhi International
Terminal Network Rs.450 Crore BRTS from Ambedkar Nagar to Delhi
Gate Rs. 215 crore Augmentation of DTC fleet
Rs. 1800 Crore Construction of Bus Depot Rs. 900 Crore
Strengthening and Resurfacing of Roads Rs. 650 Crore Street-Scalping
Rs. 525 Crore Road Signage’s Rs. 150 Crore Metro Connectivity Rs. 3000 Crore
Total Amount Spent ROB (road over bridge) RUB (road under
bridge)
BUS SERVICE
METRO SERVICE
BALLOON COST AND SERVICE
SOCIO-ECONOMIC IMPACT
49
Financial costs
Azim Premji ,founder of Wipro Technologies remarked that India faced several
socio-economic challenges and "to instead spend on a grand sporting spectacle sounds
like we [India] have got our priorities wrong."
Miloon Kothari, a leading Indian expert on socio-economic development, remarked
that the 2010 Commonwealth Games will create "a negative financial legacy for the
country" and asked "when one in three Indians lives below the poverty line and 40%
of the hungry live in India, when 46% of India's children and 55% of women are
malnourished, does spending
billions of dollars on a 12-day sports event build national pride or is it a matter of
national shame?"
One of the outspoken critics of the Games is
Mani Shankar Aiyar, former Indian Minister forYouth Affairs and Sports
In April 2007, Aiyar commented that the Games are "irrelevant to
the common man" and criticized the Indian government for sanctioning billions of
dollars for the Games even though India requires massive investment in
social development programs.
In July 2010, he remarked that he would be "unhappy if the Commonwealth
Games are successful".Azim Premji called the 2010 Commonwealth Games a "drain
on public funds" and said that hosting the high-expense Games in India is not justified
given that the country had more important priorities facing it, such as education,
infrastructure and public health.
Nearly 400,000 people from three large slum clusters in Delhi have been relocated
since 2004. Gautam Bhan, an Indian urban planner with the University of California-
Berkeley, said that the 2010 Commonwealth Games have resulted in "an
unprecedented increase in the degree, frequency and scale of indiscriminate evictions
without proper resettlement. We
haven’t seen these levels of evictions in the last five years since the Emergency." In
response to a Right to Information (RTI) application filed for study and statements by
civil society groups, a report by the Housing and Land Rights Network (HLRN) - an
arm of the
Habitat International Coalition- detailed the social and environmental consequences
of the event. It stated that no tolerance zones for beggars are enforced in Delhi, and
the city has
arbitrarily arrested homeless citizens under the "Bombay Prevention of Begging Act
1959".
50
LABOUR LAWS VOILATIONS
Child labour
51
writes that the reforms involved are often "the invention of an affluent, globally
connected minority that is relatively detached from local conditions and the local
population". The 2010 Commonwealth Games, she says, are being used to invigorate
an elite-driven program of urban transformation" that centers on privatization,
securitization, and the construction of "monuments.
ORGANIZATIONAL FAILURE
52
Chapter-5
Data Analysis.Interpretation and Presentation.
The system of rules, practices and processes by which a company is directed and
encompasses practically every sphere of management, from action plans and internal
strive to have a high level of corporate governance. These days, it is not enough for a
governance practices.
Corporate governance has also been defined as "a system of law and sound
approaches by which corporations are directed and controlled focusing on the internal
and external corporate structures with the intention of monitoring the actions of
53
management and directors and thereby mitigating agency risks which may stem from
Good corporate governance ensures that the business environment is fair and
transparent and that companies can be held accountable for their actions. Conversely,
only good governance can deliver sustainable good business performance. The
presence of strong governance standards provides better access to capital and aids
economic growth. Corporate governance also has broader social and institutional
businesses need not only good internal governance, but also must operate in a sound
functioning judiciary, and free press are necessary to translate corporate governance
exercise those rights. They can help shareholders exercise their rights by openly
54
and effectively communicating information and by encouraging shareholders to
Organizations should recognize that they have legal, contractual, social, and
The board needs sufficient relevant skills and understanding to review and
board members. Organizations should develop a code of conduct for their directors
Organizations should clarify and make publicly known the roles and responsibilities
should also implement procedures to independently verify and safeguard the integrity
55
organization should be timely and balanced to ensure that all investors have access to
owners of the corporation and of their own role as trustees on behalf of the
about making a distinction between personal & corporate funds in the management of
a company. It has been suggested that the Indian approach is drawn from the Gandhi
and principle of trusteeship and the Directive Principles of the Indian Constitution,
Unlike south –east and east Asia , the corporate governance initiative in India and was
not triggered by any serious nationwide financial, banking and economic collapse.
confederation of Indian industry. In December 1995, CII was set up a task force to
design a voluntary code of corporate governance. The final draft of this code was
56
In April 1998, the code was released. It was called Desirable Corporate governance.
Between 1998 and 2000, over 25 leading companies voluntarily followed the code:
Bajaj Auto
Hindalco
Infosys
Nicholas Piramal
Bharat Forge
HDFC
BSES
Following CII & SEBI, the department of company affairs (DCA) modified to further
Consolidation of accounts.
57
1. Board must meet at least four times a year, with a maximum time gap of four
4. The frequency of board meetings and board committee meetings, with their
company.
5. The attendance record of all directors in board meetings and board committee
company.
7. Loans given to executive directors are capped (no loans permitted to non-
the company.
58
Board of Directors : Information that must be supplied:
intellectual property.
59
11. Any regulatory non-compliance
4. .Must have at least three meetings per year, including one before
5. Must meet with statutory auditors and internal auditors; have the powers to
flow statement:
60
1. Board composition (executive, non-exec, independent).
5. Remuneration of directors.
11. Name, address and contact details of registrars and/orshare transfer agents.
61
12. Details about the share transfer system. Stock price data over the reporting
62
TABLE: 3
Shows the corporate mis-governance of certain companies for the period (2002-
63
5.2- Data Analysis – Interview Feedback:
The Study of financial Scams was taken into consideration and there were
100%
80%
Growth % of scams in
60%
India
40%
20%
0%
64
Growth % of scams in India
Sushmeetha 46 Director Yes
No yes
Vikrant 42 Supervisor yes
No Yes
Tejvir 40 Purchase Head Yes
Yes No
Ravi 35 Tenders No No No
65
6- CONCLUSION:
While the corporate governance framework in the country is seen at par with other
The fact that white collar crime continues to occur, and seemingly at an
increasing rate, suggests that the expected costs do not outweigh the
So this concludes the list of Indian scams of all times. According to the compilation,
the total amount of money involved in various scams over the last 12 years alone,
since 1992, is estimated to be over Rs 80 lakh crore (Rs 80 trillion) or $1.80 trillion!
khadi cloth, good ethics, and care for the poor. To some it is an economic miracle and
a future super power, while to others it is an unkind cruel place of caste, ethnic and
Above all however, and not far below the surface, India is a maze of unethical,
unlawful and illegal swindles that link most politicians, many bureaucrats, and a large
66
Suggestions:
In recent years, there has been a significant rise in financial frauds and scams all
over the world. Cases of money laundering, identity theft, cybercrime, banking
frauds, and loan misappropriation have become common in the Indian and global
financialsystem.
The age of Internet and globalization have accelerated the occurrence of these
swindles. Many times, recession and the collapse of the financial system have
been a direct result of these scams. With constant online presence, digitalization
has left the common man vulnerable to different kinds of scams such as identity
theft,email,oronlinescams.
These activities expose loopholes in the system, and the common man often
becomes the target of such frauds. As per recent statistics, banking frauds in
Indian public sector undertakings (PSUs) amounted to Rs25,775cr in FY17-18.
There are several ways in which you may be caught unaware while someone tries
to steal your money:
1. Never share personal and financial details over the phone or email.
2. Do not respond to calls that ask for personal and financial information.
3. Never share your ATM and debit/credit care PIN, internet banking
password, or any details regarding your bank accounts.
4. Nobody can win a lottery in which they have not participated. Stay
away from such scammers.
67
6. Install an antivirus to safeguard the computer from malicious software
and viruses. The antivirus program should be updated frequently.
9. Never make payment for any sweepstakes as they do not ask for
payment upfront.
10. Use a caller id to identify incoming calls. In case the number shows up
as private or unknown, ignore or block the call.
11. Do not have easy-to-crack passwords. Most people use passwords that
are related closely to their personal life. Use passwords that contain a
mix of uppercase, lowercase, and special characters and are not related
to any personal details or events that others may easily be able to guess.
12. Use secure websites that have a lock symbol before the URL bar on the
browser. This symbol indicates that the site is encrypted and protected
against hackers.
13. Never sign blank checks and always put a double line on the upper left
corner of the check. This line ensures that any bearer cannot withdraw
cash.
15. Check with your bankers immediately when you receive a call for
personal details from a person claiming to be an employee of that bank.
No bank asks for personal details through call or email.
68
BIBLIOGRAPHY:
1. www.caseplace.org
2. www.icmrindia.org
3. Articles.timesofindia.indiatimes.com
5. Dagar, S.S. (2009). How Satyam was sold the untold story.
69
Appendix:
70