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UNIVERSITY OF MUMBAI Project Report On

Submitted by: Sharel Kishan 330. Semester 5th. Bachelor in Management Studies. Project Guide: Mr. Saleeem Khan

Khar Education Society’s College of Commerce and Economics Khar (West). 2010-11

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Declaration I, Sharel Kishan Student of Khar Education Society’s College of Commerce and Economics, T.Y.B.M.S. here by declare that I have completed this project report on “Lightening the financial scams in India- Top 10.” in the academic year of 2010-11. This information submitted is true to the best of my knowledge.

Date: Signature:

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Y..M. Signature of of Project Guide Signature Coordinator Signature of Principle 4 .” in the academic year of 2010-11.B. Sharel Kishan Student of Khar Education Society’s College of Commerce and Economics.S. This information submitted is true to the best of my knowledge. here by certify that I have completed this project report on “Lightening the financial scams in India. T.Top 10.Certificate I.

without whom the study would not have been carried out successfully.Acknowledgement During the perseverance of this project I was supported by different people. I would like to extend my sincere gratitude and appreciation to my Project Guide. 5 . who have directly or indirectly supported me in the completion of this project. Mr. Saleem Khan. I also owe my sincere gratitude to everyone. whose name if not mentioned would be inconsiderate on my part. through their experience has enlightened me on the practical aspects of this subject. who. Lastly I shall thank my family and friends. who initiated me into this study.

the capital 6 . systems and regulation. counterallegations. the Indian capital market and financial sector have been the fastest to grab every opportunity presented by the paradigm shift in India’s economic policy. But for all the development efforts. It terms of reform and development. in terms of their structure. Despite a plethora of scams that surround us on a daily basis. Their furious developmental activities have put the two top Indian bourses almost on par with the best in the world. enquiries and legislation. Some of our most notable regulations and financial institutions are the results of such scams. frequently scams of large proportions come to light.Executive Summary Financial scams have a habit of cropping up with an alarming regularity in the Indian financial system. and manage to stun even our jaded sensibilities. We have reconciled to financial irregularities to such an extent that we simply do not pay heed to smaller scams that take place around us on a daily basis. Then. there is the usual round of allegations.

strict accountability. and appropriate punishment. A simple roll-call of the scams of the last decade tells the story of why Indian investors are so frustrated.market remains seriously flawed because three key ingredients are still missing. They are as follows: Fodder scam Satyam scam Urea scam LIC scam CWG scam Adarsh scam 2G and Spectrum scam Foodgrain scam CRB scam Security scam 7 . who managed to pull of such huge scandals. Every policy change in the liberalisation process was pounced upon by unscrupulous companies. which have affected a large population of investors. and were driven by that most basest of human instincts – GREED. or a very small group of individuals. it was the greed of just one individual. They are adequate supervision. the markets have remained shallow and stunted and have lurched from one financial scandal to another over the last decade. They managed to shake the very foundations of our financial system. who aided by a retinue of investment bankers and consultants diverted thousands of crores of rupees to themselves. In most cases. As a result. and involved huge sums of money. I have compiled a list of ten leading financial scams in India.

TOPICS Page No.An analysis of the scams reveals a common script – greed. 8 . unscrupulous brokers. these are the essential ingredients of a worthy financial scam! Contents Sr. But then. irresponsible authorities and hapless investors. No. who refuse to learn their lessons. corruption. colluding bankers.

9.1. 14. 17. 4. 2. 7. 6. 15. 16. 18. Financial Market Major scams in India Top scams Fodder scam Newspaper article Satyam scam Impact Urea scam LIC scam Adarsh scam 2G and spectrum scam Foodgrain scam CRB scam Security scam Guidelines issued by SEBI for regulation of Securities market Penalty Conclusion Bibliography 9 10 14 30 37 38 58 64 70 74 82 97 103 109 117 131 143 144 147 Financial Market Introduction 9 . 13. 10. 11. 5. 8. 12. 3.

money “now” is exchanged for a “promise to pay in the future”. the buyers often find out relatively soon. which facilitate transfer of funds. In finance. Theoretically. in product or service markets. purchasers part with their money in exchange for something now. the financial market facilitates allocation of resources efficiently. and banks can readily hide problems by extending loans to clients that cannot service previous debt obligations. Moreover. if the object sold – from a car to a haircut – is defective. banks and non-bank financial intermediaries can also alter the risk composition of their assets more quickly than most non-financial industries. Procedures and practices adopted in the markets. and financial interrelationships are also parts of this system. In product or other service markets.The financial system consists of specialized and nonspecialized financial institutions. However. loan quality is not readily observable for quite some time and can be hidden for extensive periods. On the other hand. The financial markets are susceptible to manipulation as some participants have information that others do not that is information asymmetry is ubiquitous in financial markets. To overcome this problem corporate governance is required to 10 . which involves quick dissemination of information and reaction to it. of financial instruments and services. of organized and unorganized financial markets.

We have a total of twenty-five major and minor scams that saw daylight. 11 . the ancient seat of learning.. all our country is left with is a bagful of scams. There might be some other as well. if this money is spent on infrastructure. Serajuddin. Bofors. the breeding-ground of people with morals as lofty as the sky itself... Tehelka.. Urea. Despite the existence of institutional and legal framework numerous financial scams continue to be perpetuated both in developed and developing countries.ensure that suppliers of finance to corporations are assured that they get their return on their investment. Securities. Jayalalitha. Big Bull's Stock Scam. ISRO. We have the following list. Your efforts will be appreciated to make public aware of effects of such scams on their life. Major Economic Scams in India India. According to one estimate. the nation which was once a proud claimant vis-à-vis truth and follower of the paths of sages like Mahavira and Gautam Buddha. perhaps the biggest scams in the world as well: Jeep. naming a few major ones. which we never came face to face with. then Indian infrastructure will be equivalent to the one in developed countries. Hawala. has perhaps forgotten its ethical roots. Fodder. Mundhra. Kairon. Telecom. Now.

trading 32 crores Fertilizer scam 133 crores Medicine Equipment scam 5000 crores Telecom case 1200 crores Newsprint case 20 crores Indian bank scam 1336 crores Fodder scam (Bihar) 1000 crores Land scam (Bihar) 400 crores Bitumen scam (Bihar) 100 crores Medicine scam (Bihar) 100 crores Forest case (Meghalaya) 300 crores Ayurveda scam (UP) 32 crores Dhoti-Saree scam (Tamil) 11 crores Coal scam (Tamilnadu) 750 crores Forest reserve scam (Meghalaya) 75 crores Wakof Scam (West Bengal) 1600 crores Dental College Case (Karnataka) 50 lakhs of Rs.00.000/. 12 .Can you read out this figure?. I CANNOT! Its even than India's Annual Budget.93.P. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Total Project Name Amount (in Rs) Share scam 1000 crores Sugar scam 650 crores Bofors scam 65 crores Hawala case 65 crores Housing scam 18 crores M. 13.70.No.00.

Dairy scam. Khan Asoke Sen Yashwant Sinha Devilal K.L.0 lakhs 10.5 lakhs 61.0 lakhs 11.0 lakhs 65. and hospital scams. Name of person 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Motilal Vohra P. Khurana Arif Mohd.0 lakhs 21.K. Natwar Singh Arjun Singh Chandram 13 Amount (in Rs) 11.0 lakhs 54. which we can take advantage of.Dhawan Madhav rao Scindia Kamal Nath Arjun Singh S.L.0 lakhs 26. there have been scams like Treasury scams.0 lakhs 7. Fishery Scam.This is just the tip of the iceberg of an immense range of possibilities. Panchayat Scam.0 lakhs 25. Tiwari B.0 lakhs 756.Thakne Kalpnath Rai C.0 lakhs 20.0 lakhs 21. Cooperative scam.0 lakhs .C.Shahi R. Shukla P.0 lakhs 10.0 lakhs 75. For example. Now see how many jewels this system has produced: No. Shivshankar Ajit Panja Balaram Jhakar N.D.0 lakhs 3.0 lakhs 3. Lottery scam.0 lakhs 10.0 lakhs 1.3 lakhs 50.0 lakhs 50.Food Ministry scam. Jaffar Sharif Buta Singh V.0 lakhs 10.D.0 lakhs 17.K.

we have not mentioned the greats like Jayalalitha and Laloo Prasad Yadav who have attained pinnacles of performance in this Venture.(Figures are according to CBI charge sheet) And of course. The Top Scams in India 1) 2G Spectrum Scam We have had a number of scams in India. At the heart of this Rs. Also.1. the total amount of wealth in foreign bank accounts of Politicians only are $110 billion US dollars. And all these great men and women have emerged in the past 5 or 6 years and is only a miniscule fraction of the amount of wealth that has been generated by these exceptional strategies and their predecessors over the past 50 years. but none bigger than the scam involving the process of allocating unified access service licenses. In one estimate. The Indian national budget is $65billion and the total industrial infrastructure development needs for India to be at par with some of the developed countries is at $150 billion. note that this amount is the cost of 366 nuclear reactors at the cost of $300 million dollar each.76-lakh crore worth of scam is the former Telecom minister A Raja – 14 .

4. has evaded norms at every level as he carried out the dubious 2G license awards in 2008 at a throw-away price which were pegged at 2001 prices. The Chronology: 1. It is precisely this that happened in the Department of Telecommunications in the early 90s. 3. DOT 15 . power etc. there is a normal tendency in powerful persons. TEC floats a tender for 3000 MARR sets.using their stature. to manipulate-.54 lac per system. no guiding strategies and no crisis management regime. However. 2. this was a product of the gradual liberalization of the Indian economy. Jan. 1994: New orders are placed on ARMS terms. Sets up Price Negotiation Team.-.who according to the CAG. Sept.things to their own benefit. Committee members object but are overruled. Every sector during this period was being thrown open to privatization. March ‘92– May ’93: TEC evaluates 35 bids for MARR systems given part order to ARM @ Rs 3. In such a situation. The Telecom Scandal—‘Dial M for Money’ Introduction: Popularly known as the ‘Sukhram Scam’. post/s. who know the whole scene. 1993: ARM asks Sukhram to restore price cut and orders 450 crystal sets instead of 300. It had no infrastructure. the country was not fully prepared for the onslaught of the market.

6. 7. but postponed for unknown reasons. the government could not stop it as it was too far ahead in its course to stop it. 16. 4. Wait until the right moment in order to strike.68 cr. 3. 50. the impact on foreign investment would have been extremely bad and India’s credibility broken to pieces. Get pliable bureaucrats. Bids finally submitted on June 7.000 crore rupees. Also. The Government was stunned by the scandal. 5. if the agreement was to be stopped or abrogated or renegotiated. Sukhram’s Modus Operandi: 1. Their bid is Rs. 31. The GOI would have to return over Rs 1900 crores which had been collected as license fees. Doubts were raised in the minds of government officials and ministers regarding the entire liberalization process.losses around 1. Jan.000 crore more than their nearest rival. 1995: HFCL bids highest in 9 circles at 85. 16 . HFCL’s ability to raise funds in doubt. 1995. Aug. Overrule officials. 2. However. Transfer officials who object. 1995: Tender floated for basic telecom services. March 1995: Bids to be closed.

involved in probing the alleged corruption in various Commonwealth Games-related projects.2) Commonwealth Games Scam Another feather in the cap of Indian scandal list is Commonwealth Games loot. every scam must have something unique in it to make money out of it in an unscrupulous manner. 3) Telgi Scam As they say. literally a loot! Even before the long awaited sporting bonanza could see the day of light. has found discrepancies in tenders – like payment to non-existent parties. It is estimated that out of Rs. the grand event was soaked in the allegations of corruption. only half the said amount was spent on Indian sportspersons.and Telgi 17 . will-ful delays in execution of contracts. 70000 crore spent on the Games. over-inflated price and bungling in purchase of equipment through tendering – and misappropriation of funds. The Central Vigilance Commission. Yes.

the company was taken 18 . The tentacles of the fake stamp and stamp paper case had penetrated 12 states and was estimated at a whooping Rs. The Telgi clearly had a lot of support from government departments that were responsible for the production and sale of high security stamps. 14000 crore. 4) Satyam Scam The scam at Satyam Computer Services is something that will shatter the peace and tranquillity of Indian investors and shareholder community beyond repair. The company’s disgraced former chairman Ramalinga Raju kept everyone in the dark for a decade by fudging the books of accounts for several years and inflating revenues and profit figures of Satyam. Abdul Karim Telgi had mastered the art of forgery in printing duplicate stamp papers and sold them to banks and other institutions. Finally. 20000 crore plus.scam had all the suspense and drama that the scandal needed to thrive and be busted. Satyam is the biggest fraud in the corporate history to the tune of Rs.

over by the Tech Mahindra which has done wonderfully well to revive the brand Satyam. 5) Bofors Scam The Bofors scandal is known as the hallmark of Indian corruption. The Bofors scam was a major corruption scandal in India in the 1980s; when the then PM Rajiv Gandhi and several others including a powerful NRI family named the Hindujas, were accused of receiving kickbacks from Bofors AB for winning a bid to supply India’s 155 mm field howitzer. The Swedish State Radio had broadcast a startling report about an undercover operation carried out by Bofors, Sweden’s biggest arms manufacturer, whereby $16 million were allegedly paid to members of PM Rajiv Gandhi’s Congress. Most of all, the Bofors scam had a strong emotional appeal because it was a scam related to the defense services and India’s security interests. Bofors—‘the Smoking Gun’ Introduction: The Bofors scandal is a hallmark of Indian corruption. The list of accused included not only some central ministers but also people at the very top, including the former P.M. Mr Rajiv

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Gandhi. It also involved eminent personalities from Indian politics and also a powerful NRI family named the Hindujas. The Chronology: As the Bofors scandal has been dogging the Indian political scene intermittently, people have either lost interest or got lost following the lengthy proceedings. So let’s take a look at the chronology of events. 1. Jan. 20, 1984: CCPA clears the purchase of 155mm guns. Army submits preferences-- TR of Sofma, FH77B of Bofors and FH70 of IMS (OR) 2. May 3, 1985: S.K. Bhatnagar (Defence Secretary) informs manufacturers that the Government had not approved of appointment of Indian agents, acting foreign suppliers, Bofors having agents for the deal in India. 3. Aug.-Nov. 1985: Quattrochi contacts AE services which becomes Bofors Consultant and is promised 3% cut if the Indian deal is clinched before 1st April, 1986. 4. Sept. 3, 1986: AE services opens account in Nordfinanz Bank, Zurich. 5. Bofors remits $ 7.3 million to above account. 6. Sept. 16, 1986: AE services transfer money ($7.12 million) to the account of Colbar Investments in Geneva, controlled by Quattrochi. 7. April 16, 1987: Swedish radio claims that bribes were paid by Bofors to secure contract.
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8. June 1, 1987: Swedish national audit bureau confirms money was paid by Bofors as "winding up" costs. 9. June 10, 1987: Minister of State for Defence Mr Arun Singh asks for cancellation of the contract unless Bofors gives the names of those who received money. 10. Jan. 22, 1990: CBI files FIR asking the Swiss to freeze bank accounts in which any commission was paid. Consequently, some Swiss accounts were frozen. The first set of documents arrives from Switzerland in Dec. 1990. 11. 1990 – ‘92: Swiss inquires are stalled by litigation in India. The mess compounded by External Affairs Minister M. S. Solanki, who passed an unsigned note to the Swiss on Feb. 1, 1992, saying that no further steps should be taken in Switzerland unless a final decision is taken in Indian courts. 12.June 23, 1993: Interpol informs the CBI of Quattrochi’s appeal in Switzerland against the release of bank documents to India. Quattrochi flies from India to settle in Malaysia. 13. Oct. 22, 1999: CBI files charge sheet: Q is accused. The Duty of the CBI: Having pursued the matter so long and having caused much controversy over the matter it is the CBI’s duty now to see to it that the real accused come to justice. It is its duty to see the evidence collected by it is analyzed carefully (without prejudices and desire for vengeance) and the facts are established solidly. It could not have asked for a more favourable time than now, the Vajpayee Govt with a majority
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on its hands backing up the CBI to fully investigate the case without any fear or favour whatsoever. 6) The Fodder Scam If you haven’t heard of Bihar’s fodder scam of 1996. 22 . you might still be able to recognize it by the name of “Chara Ghotala .” as it is popularly known in the vernacular language.

Then with help from collaborators in 23 .900 crore. but shamelessly plunged into the action. medicine and animal husbandry equipment was supposedly procured. It was well coordinated between bureaucrats in various departments and officials of the AHD. The AHD was being milked dry —almost literally—by their unholy nexus! Fodder for the Netas and Babus: The racket was traced to have begun in 1983-4. made fake allotments and withdrawal orders. The officials smelt money and around 1985-6 the loot began. ‘The Gawala Saga’ Introduction: A clique of graft and irregular politico-administrative patronage was exposed when the CBI unraveled the Rs-700crore fodder scam in Bihar in July ’96.In this corruption scandal worth Rs. the daring of the AHD’s officials sore high. when the AHD unwittingly overstepped their budgetary allocation while carrying out a project. and another racket under the patronage of our politicians was initiated. The accused included top officials in the Animal Husbandry Department (AHD) and their political patrons/bosses. With their involvement. an unholy nexus was traced involved in fabrication of “vast herds of fictitious livestock” for which fodder. As always Govt had their eyes shut. Local politicians sensed the swindle. in connivance with district collectors and commissioners.

The treasury passed the bills and the banks. The money was thus shared between some officials and their political protectors. it gave a feeling of open loot all around the public. which came in the open in 1996 exploded in the face of Indian politics.the State Secretariat. which came in the open in 1996. ‘The All-ensnaring One’ Introduction: The Hawala case. involved payments allegedly received by country’s leading politicians through hawala brokers. unsettling all the major political 24 . for the first time in Indian politics. This loot of the treasury continued for a decade and totaled to an amount around Rs 750 crore. Thus. credited the amounts to the suppliers’ account. these were presented to the treasury along with forged supporting bills to show supply of fodder and medicine from a network of dubious suppliers. From the list of those accused also included Lal Krishna Advani who was then the Leader of Opposition. involving all the major political players being accused of having accepted bribes and also alleged connections about payments being channelled to Hizbul Mujahideen militants in Kashmir. 7) The Hawala Scandal The Hawala case to the tune of $18 million bribery scandal. equally unsuspectingly.

000 tones per annum of core equipment in the core sectors of steel. the managing director of Bhilai Engineering Corporation (BEC) possessed certain documents that listed certain cash transactions made by him during 1988– 91. This was the 2nd time that the BEC group was under scrutiny. Jain. political parties and companies. K. BEC has an aggregate capacity for fabrication and assembly of 25. which came into light as a result of sporadic raids by the Directorate of Investigations. The first time was when it was among those business houses suspected of engineering the assassination of the social activist and Chattisgarh Mukti Morcha leader Shanker Guha-Niyogi. K. S. For the first time in Indian politics. Jain’s premises. cement etc. The Hawala web was woven in the autarkic period in the Indian economy during the 1950’s and 1960’s. It had executed major turnkey projects for several public and 25 . The Hawala case presents a crystal clear picture of the inefficient IT department.players. politicians. on hawala operators in 1991. Explanation: The scandal. Although details about the size of its partner in money terms was not available. These resulted in the seizure of certain diaries and files from S. income tax. so many politicians were accused of having accepted bribes and misused their power.5 crores from secret sources and subsequent disbursement of Rs 65 crs to bureaucrats. It showed a receipt of nearly Rs 53.

Hawala transfers were also used routinely by corporates to avoid both direct and indirect taxes. Companies who made payments abroad and had to pay for acquired land used the hawala route. This meant that those who could convert rupees to dollars and transfer them abroad. importers often under-invoiced imports and paid the duty on the forged amount while the balance in the period through the hawala route. Indians received remittances from abroad through the hawala market. the only route left was the hawala one. 26 . which investors also used to pelt their money in foreign assets. with no convertibility on the capital account. the hawala diaries named almost every prominent leader then who had in some or the other way accepted large amounts of cash. What is Hawala? Hawala or the parallel markets for foreign exchange originated back in the virtually autarkic period in the Indian economy in the 1950s and 1960s. Consequently. Companies book notional losses against which they transfer money abroad through hawala. No wonder then. Anticipations feared decline in the value of the Rupee. The converse was also true.private sector companies with areas of 36 acres. such a company should be a prime target for seekers of political funding. which they termed ‘gifts’. With duties on imports remaining high.

V. Advani. The Results: When the Hawala scandal surfaced 55 initials mentioned in the diary fill in the political category. Way back in 1996 when it was disclosed it provided a severe blow to the politicians and all most every political party namely also congress and BJP. However. among others. 30 politicians and NTPC officials. excepting Sharad Yadav.C. with the required amount. London and Antwerp from where he provided S. ‘Amir Bhai’ had four a/cs in Geneva.On the inflow side. Of these 6 have died and of the held 115 names and initials which appear at various places in the dairy only 20 have been linked up. K. Among the top politicians implicated in the case were M/s L. Arjun Singh. Jain. K. stock market and real estate. 27 . Yashwant Sinha and Balram Jakhad. The Scam: The amount involved in the scam totaled Rs 65 crores. Madhavrao Scindia. all of them were later acquitted of all charges due to the lack of sustainable evidence. He further distributed it to 32 bureaucrats. for which the CBI has attracted some amount of flak. Sharad Yadav. The lynchpin of S. Jain’s hawala network. a lot of illegal money comes in through illegal ways like drug trafficking. the prime accused. Shukla. Dubai. K.

I am running out of time and space over here. V. 4000 crore Harshad Mehta scam and over Rs. There is no way that the investor community could forget the unfortunate Rs. ‘corrupt way to be’. 10) Harshad Mehta & Ketan Parekh Stock Market Scam Although not corruption scams. 1000 crore Ketan Parekh scam which eroded the shareholders wealth in form of big market jolt. The scandal already claimed the portfolios of two big-wigs in the form of Shashi Tharoor and former IPL chief Lalit Modi. 8) IPL Scam Well. attracted the attention of the whole nation to the degree of corruption our political and economic structure has plunged in. The involvement of almost all party hands. Most of us are aware about the recent scam in IPL and embezzlement with respect to bidding for various franchisees. all we are left with is the knowledge of a. Narsimha 28 . 9. politicians and business men of all color show that inspite of our rich moral and ethical patronage. The list of scandals in India is just not ending and becoming grave by every decade. these have affected many people. 11) The Urea Scam—‘Nitrogen Fixation’ Introduction: The Urea scam has its genesis in the P.The scandal.

The account belonged to Saikrishna Impex. a complete insurance cover and even a letter of intent. a company with which Prakash Yadav was 29 .D. charged the NFL management with making a full advance payment of $ 37.Rao regime. The agreement was made without any bank guarantee/s. The CBI believed that the sum was brought into India via Rea Brothers Ltd. Also. Possibly. even higher powers were involved because the system of fertilizer procurement does not permit such rash payments to be made. The CBI. agents for Karsan in India. going right upto the then Minister of Fertilizer.62 million to Karsan in complete violation of accepted business norms. it would be naive to assume that the NFL M.000 tons of urea in Oct.000 found its way back into India via an ANZ Grindlays Bank account in Hyderabad. At the centre of controversy lay a dubious deal signed by the NFL with a little known Turkish firm called Karsan Danismanlik Turigam Samayi Ticarct Ltd for the supply of 200. ‘95. It is not only important because of the amount involved which was Rs 133 crore but also because of the negatives it generated. could authorize payment of $ 38 million to the Turkish firm without the consent of scores of officials. which was probing the scam. The CBI found that a part of the payment amounting to $ 200.

An Euroissue was also on the anvil. Doubling the capacity of the Vijapin plant. is also pending clearance. A Disgusted Conclusion The details of the above-mentioned scams show how 30 .000 tonnes and that of its Panipat plant by 726. a clear political angle could be established. the scandal brought a number of Congress leaders. including Narsimha Rao. The officials of the team sent to Ankara by the Ministry found that it was a very small firm even in Turkey and quite incapable of fulfilling the commitment it had made. Not only had NFL failed to check Karson’s credentials. it also had not taken insurance cover against the possibility of Karson not fulfilling its contractual obligations. The Fallout: NFL had planned to expand the capacity of its Nangal plant by 215. It was planned to get the money from the capital markets. While the public issue was stalled owing to tight monetary conditions. again into negative focus. All about Karsan: Karsan is listed as a tourism firm in Turkey and is little known. Politically. involving an outlay of Rs 1000 crore.supposed to be closely involved.000 tonnes. The Ministry also instructed NFL to put a joint venture project in Syria with Zuari Agro Ltd-.on hold.for constructing a urea plant-. the Euro-issue plan was scratched. Thus.

the active involvement of businessmen is needed to fight corruption and encourage higher ethical standards and the adoption of codes of conduct to demonstrate that clean business does generate profits. show that prevention is the need of the hour.it will help to sustain political resolve. The Political Dimensions: Taking a decision at the highest executive level of the govt to tackle the problem of corruption is the sine qua non of effective action. In a market economy the cooperation between business and govt is the 31 . More positively. The political leadership must allow the anti–corruption agencies full independence and autonomy of action. The executive should insist on the cooperative participation of all government departments. Our leaders must set a personal example of prudence and insist on the same from their colleagues. Legislation should endorse decision and commitment-. These scams. some of which date back to the infancy of the Republic. We should not patch up the loopholes but try to rebuild the whole structure.entrenched corruption is in our economic and political structures. What we need is a complete rethink on our sociopolitical ethos and the creation of a new administrative paradigm that is in tune with the changing times. It must be ensured that means of mass communication are accessible to the anti–corruption agencies so that they can convey their message to the larger community.

The crux of the matter is to have proper guidelines and sufficiently strict vigilance while implementing them properly. Fodder Scam The Fodder Scam involved hundreds of millions of dollars in alleged fraudulent reimbursements from the treasury of 32 .achievement of shared goals by regulated limits of interest and the requirements of both parties.

The Fodder Scam (Devanagari: chārā ghoṭālā) was a corruption scandal that involved the alleged embezzlement of about 950 crore (US$ 215. The scam 33 . Although the scandal broke in 1996.Bihar state for fodder. and increasing in size. elected politicians and businesspeople that it revealed. and involved the fabrication of "vast herds of fictitious livestock" for which fodder. the theft had been in progress. and as an example of the mafia raj that has penetrated several state-run economic sectors in the country. for over two decades. The alleged theft spanned many years. Besides its magnitude and the duration for which it was said to have existed. medicines and animal husbandry equipment was supposedly procured. medicines and husbandry supplies for non-existent livestock.65 million) from the government treasury of the eastern Indian state of Bihar. the scam was and continues to be covered in Indian media due to the extensive nexus between tenured bureaucrats. was engaged in by many Bihar state government administrative and elected officials across multiple administrations (run by opposing political parties).

In alleged reprisal. which grew in magnitude and drew additional elements. In February 1985. Dvivedi was transferred out of the vigilance unit to a 34 . warning him that this could be indicative of temporary embezzlement. until a full-fledged mafia had formed. Chaturvedi. Jagannath Mishra. the then Comptroller and Auditor General of India. took notice of delayed monthly account submissions by the Bihar state treasury and departments and wrote to the then Bihar chief minister. who served his first stint as the chief minister of Bihar in the mid-1970s. over time. Bidhu Bhushan Dvivedi.The scam was said to have its origins in small-scale embezzlement by some government employees submitting false expense reports.N. In 1992. Chandrashekhar Singh. a police inspector with the state's anti-corruption vigilance unit submitted a report outlining the fodder scam and likely involvement at the chief ministerial level to the director general of the same vigilance unit. This initiated a continuous chain of closer scrutiny and warnings by Principal Accountant Generals (PAGs) and CAGs to the Bihar government across the tenures of multiple chief ministers (cutting across party affiliations). T. was the earliest chief minister to be accused of knowing involvement in the scam. Narayan. G. but the warnings were ignored in a manner that was suggestive of a pattern by extremely senior political and bureaucratic officials in the Bihar government. such as politicians and businesses.

conclusively indicated large-scale embezzlement by an organized mafia of officials and businesspeople. On January 27. The documents his team seized.different branch of the administration. and the probe committee would not investigate the case vigorously. Amit Khare. which led to the court's involvement. There were fears that state police. A public interest litigation was filed with the Supreme Court of India. 1996. and demands were raised to transfer the case to the Central Bureau of Investigation (CBI). the deputy commissioner of West Singhbhum district. and went public with. He was later to be a witness as corruption cases relating to the scam went to trial. and based on the ultimate directions issued by 35 . and then suspended from his position. was a prime accused in the fodder scam investigation. which is accountable to the state administration. Allegations were also made that several of the probe committee members were themselves complicit in the scam. which is under federal rather than state jurisdiction. Laloo ordered the constitution of a committee to probe the irregularities. and reinstated by order of the Jharkhand High Court. acted on information to conduct a raid on the offices of the animal husbandry department in the town of Chaibasa in the district under his authority. Exposure and investigation Laloo Prasad Yadav. then chief minister of Bihar.

the supreme court. on May 10. the CBI filed a submission to the High Court that Bihar officials and legislators were blocking access to documents that could reveal the existence of a politician-official-business mafia nexus at work. the Bihar High Court ordered that the case be handed over to the CBI. Laloo Prasad Yadav and. and the CBI probe continued. and the other officials tendered an unqualified apology to the Legislative Council. 1997. Some legislators of the Bihar Legislative Council responded by claiming the court had been misinformed by the CBI and initiating a privilege motion to discuss possible action against senior figures in the regional headquarters of the CBI. made a formal request to the federally-appointed governor of Bihar to prosecute Laloo (who is often referred by his first name in Indian media). within days. On the same day. As the investigation proceeded. the privilege motion was dropped. who was one of the accused was found dead on train tracks with a note that stated that he was being coerced by the CBI to turn witness for the prosecution. U N Biswas. An inquiry by the CBI began and. The 36 . on March 1996. the CBI unearthed linkages to the serving chief minister of Bihar. the regional CBI director. a businessman. which could proceed similar to a contempt of court proceeding and result in stalling the investigation or even prosecution of the named CBI officials. Harish Khandelwal. However.

Five senior Bihar government officials (Mahesh Prasad. Beck Julius. R. A. Path to prosecution A few days of uncertainty followed the CBI's request to the state governor to prosecute the chief minister. was accountable to the federal government. it would force a prosecution on its own authority. The governor. science and technology secretary. K. kept the appeal to the governor in place. when the High Court demanded to know why it was being sought.CBI rejected the charge and its local director. animal 37 . U N Biswas. warned that it would allow some time for the permission to transpire. The federal government. Arumugam. It was also unclear why the CBI had sought the governor's consent in the first place and. Kidwai. labour secretary. On June 17. and had already stated that he would need to be satisfied that strong evidence against Laloo existed before he would permit a formal indictment to proceed." The High Court. but if it sensed a delay. questioning the tactic. consisted of a coalition that depended on support from federal legislators affiliated with Laloo for its survival. led by newly appointed prime minister Inder Kumar Gujral who had just succeeded the short-lived government of the previous prime minister HD Deve Gowda. the governor gave permission for Laloo and others to be prosecuted. the CBI stated that it was a "precautionary measure.

three Bihar state assembly legislators (RK Rana of the Janata Dal. on June 21. listing the evidence against Laloo. two members of Laloo's cabinet (Bhola Ram Toofani and Vidya Sagar Nishad). the CBI filed chargesheets against Laloo and 55 other co-accused. fearing that evidence and documentation that might prove essential in further exposing the scam were being destroyed. Mishra was granted anticipatory bail by the Bihar state High Court. however. Jagdish Sharma of the Congress party. former finance secretary. which resulted in a final denial of bail on July 29. and Dhruv Bhagat of the Bharatiya Janata Party) and some current and former IAS officers (including the 4 who were already in custody). former AHD director). Ramraj Ram. the first 4 of whom were IAS officers. was rejected by the same court. Laloo filed an anticipatory bail petition. which the CBI opposed in a deposition to the court. were taken into judicial custody on the same day. The CBI also began preparing a chargesheet against Laloo to be filed in a special court. Expecting to be accused and imprisoned. and he appealed to the Supreme Court. Also. On the same day. On June 23.husbandry department secretary. including Chandradeo Prasad Verma (a former union minister). Bihar 38 . Phoolchand Singh. the CBI conducted raids on Laloo's residence and those of some relatives suspected of complicity. Laloo's anticipatory bail petition. Jagannath Mishra (former Bihar chief minister).

state police were ordered to arrest him. he was jailed. Impact Since it broke into public light. Of the 63 cases that the agency had filed by May 2007. SK Saxena. the Bihar Director General of Police. Most new cases filed after the division of Bihar state (into the new Bihar and Jharkhand states) in November 2000 were filed in the new Jharkhand High Court located in Ranchi. and several cases previously filed in the Bihar High Court in Patna were also transferred to Ranchi. justified the one-delay delay in arresting Laloo by stating in court that "any precipitate action would have led to police firing and killing of a large number of people. It has been called a symptom of the "deep and chronic malady 39 . it filed additional cases related to fraud and criminal conspiracy based on specific criminal acts of illegal withdrawals from the Bihar treasury.[24] The next day. and in Bihar in particular. Later. the fodder scam has become symbolic of bureaucratic corruption and the criminalization of politics in India generally. the majority were being litigated in the Ranchi High Court." Prosecution As the CBI discovered further evidence over the following years.

Reference has also been made to the anarchic nature of governance (the "withering away of the state") that occurs when a mafia develops in a state-controlled sector of the economy. Nov 30 (IANS) A special Central Bureau of Investigation (CBI) court here Tuesday sentenced nine more 40 ." In the Indian parliament. it was cited as an important indicator of the deep inroads made by mafia raj in the politics and economics of the country. Laloo Prasad Yadav is the only person on whom the Lok Sabha debated for a complete session as the official agenda Newspaper Article Nine sentenced in fodder scam case Ranchi.afflicting the Bihar government and quite a few other state governments as well.

20 crore from the Doranda treasury in Ranchi.20 crore from the state treasury to purchase fodder for public distribution. The multi-million rupee scam. a CBI statement said Tuesday.000 to Rs. As many as 61 cases related to the scam were transferred to Jharkhand after it was carved out of Bihar in November 2000.H. SATYAM SCAM 41 . The court sentenced eight convicts on the same day.10 lakh. The sentences range from three to six years in jail and fines of Rs. With Tuesday's judgment the total number of convicts sentenced in the case reached 17. surfaced in 1996 at the time of undivided Bihar. Ansari Monday convicted 52 people in the case related to illegal withdrawal of Rs.men convicted for the fraudulent withdrawal of Rs. Special CBI Judge A. Special CBI courts have passed judgments in 32 cases. Rashtriya Janata Dal (RJD) chief Lalu Prasad and former Bihar chief minister Jagannath Mishra have been named as accused in five cases. popularly known as the fodder scam.10.

42 . the Andhra High Court dismissed Ramalinga Raju's revision petition against his police custody. Meanwhile the CID is questioning the Raju brothers and former Satyam CFO Vadlamani Srinivas . Earlier. Maytas properties and Maytas infrastructure. But SEBI still did not get to question Raju on Monday as a court order on the body's petition to question him was postponed till January 22. They are also looking into their e-mails and phone records over the last one month.The inside story of how Satyam scam unfolded The Serious Fraud Investigation Office will probe also Maytas infrastructure as part of the Satyam financial scam probe. Andhra chief minister Y S R Reddy reiterated his government did not flout any rule in awarding the Hyderabad metro rail project to Maytas. Meanwhile. Corporate affairs minister P C Gupta said on Monday evening that initial investigations suggest a clear nexus between Satyam.

Over 40 applications have come in so far.000 employees.sold shares ahead of the Big Bang revelation by Raju. leading to an inflated stock price that helped the top management make money. How they did it Investigators are now reportedly coming across evidence of insider trading by the promoters even before the scandal broke.000 to Rs 6.110 crore to tide over the crisis and Rs 500 crore to pay the January salary to employees. The reports say Satyam books have been overstated by Rs 5. There is now also a question mark on the number of employees Satyam has.the directors and senior officials . The big takeaway from the Registrar of Companies report is that the top management of Satyam .But how deep and how wide is the rot inside India's fourth largest software company? Sources tell CNN-IBN the company is facing serious money crunch. Meanwhile a search is also on for a new CEO for the embattled IT firm. Network-18 learns that the board is looking at a 10-day time period to pick someone to head the company. and needs Rs 1. Who sold what? 43 . It is reported that Satyam has 53.000 crore.

4 per cent.6 per cent which fell a year later to just over 19 per cent. But exclusive information with CNN-IBN suggests insider trading. TIME TO FACE FACTS Satyam scam is not something that will shatter the peace and tranquility of Indian public beyond repair.Raju has claimed that no one else in the company was privy to the fudging of accounts. it fell to 21.000 ADRs. In June 2001.000 shares and 70. Sources say they include one Kiran Cavale who reportedly sold 400.538 shares while the then CEO Ram Mynampati sold 700. Apart from these. BSE figures show a number of senior people in the company. BSE figure also show Vadlamani sold 92. In 2004. 11 per cent in 2006. By December that year. In 2007 it was in single digit.000 shares and 10.50. In September 2002. Raju's holding was 16 per cent which fell to 14 per cent in 2005.000 ADRs and one Rajan Nagarajan who reportedly sold 430. other senior officials also reportedly sold large number of shares.000 shares plus 2.27 per cent. The robbery may be big in terms of western standards but for us it’s just 44 . including Raju and CFO Vadlamani were reportedly selling Satyam's shares over the last 22 quarters. Raju had nearly 23 per cent shares. By September 2008 Raju's share was just 8.000 ADRs. his share was down to 22.

Experts in various TV channels were totally apathetic to the plight of the investor.the wall of resilience and apathy.another brick in the wall. They questioned the very motive of the investor entering into a risky trade…you blighter of an investor…you wanted to make a quick buck…now you pay for your sins…words to that effect. Both these conditions are thrust upon us as prerequisite for being a patriotic Indian. How dare he!!! And he also deserves the wrath and ire of public. How else do you explain Police promptly swinging into action and arresting that investor at Hyderabad demanding an explanation of the scam from Satyam’s Board Members? Just sample the cheek of our Administration !! Criminals. 45 . Apathy. 170/180) as medium/long term investment. Expert. 110. apathy. So what if just 24 hours back the same channels were blaring away to high heavens that Satyam shares must be accumulated at all cost at current levels (Rs. As a true Indian he was expected to show resilience and lick his wounds in the shattered corner of his hearth. who have swindled billions of Rupees and proudly proclaimed the same to the world at large. But the investor whose hard earned money has been swindled by these criminals. is rounded up by the Police for showing disrespect to them outside their den. are not even considered worthy to be detained for questioning by the Police at that point in time. you also advised all and sundry to fill one’s gunny bags with Satyam shares in case it plunges to level of Rs. And Mr.

does any nation accept its law-keepers to take more than 72 hours to even talk to the perpetrator.That’s true Indian colours. We are being consoled that Satyam scam is just a one off case…an exception to the otherwise honest and trustworthy system of governance of Indian companies with myriads of foolproof checks and balances. It is now believed that the Law-Loving-Raju did a Charles Sobhraj act in order to escape the long hands of the firm and draconian Law of United States of America which could put him away for 25 years for cheating its citizens.let me now cool my heels in police protection before some desperado acts irrationally against me. Just another brick in the wall of resilience and apathy. and that too after the fraudster himself walks into Police Headquarters to surrender. He therefore directed Indian administration to stop squabbling over whowill-bell-the-cat and initiate legal proceedings against him. Who will explain as to how the entire executive and the judiciary system of this Shining Nation got paralyzed till the perpetrator of the crime got tired and said enough is enough. Under these circumstances what is left to say for our legally romantic words like Suo moto and Prima facie. Believe all these official statements at your own peril. Otherwise seek answers to the following shortcomings :(a) After someone admits to a financial crime of horrendous proportion in public. In any catastrophe there is apathy from public not affected by the tragedy. In 46 .

Ram Mynampati could not even smell it even after being in the company for a decade.this fashion the US Law-Keepers will have to wait for the proceedings to be over in India before they can get hold of his neck. Here on home ground Mr. Even the Goliaths of the Financial World were rudely taken by surprise prompting them to jettison shares of Satyam from their Portfolios at fire-sale prices. which correctly interpreted means Indian Politicians. Something is amiss.something escapes logic.what a nincompoop!! How could a fresher in the Board even dream of cooked books when there is a seal of 47 . which by conservative estimate should not be before 15 years. R Raju can enjoy the luxury of being on bail and rub shoulders with the rich and famous. a fraud. The question that still begs an answer is this – what propelled Raju to tell the world that look here I am. Are we as blind as to not see the power of money calling all the shots? If that is the case then take your call to the assurance that it’s a one off case. (b) Why did Raju ostensibly come clean while submitting his resignation? Did anyone ask him any discomforting questions? Not a single eyebrow was raised on the economic viability and vibrancy of Satyam before he sang. The extents of my fraud are Rs 70 billions and now come and catch me if you can. If we take his initial statement to be true that books were inflated then to find that out after his resignation would have been extremely difficult considering Board members like Mr.

guaranteed correctness from an international audit firm. Does he also have a handler? Like it or not. especially Andhrites. This has to happen in immediate future in a bizarre manner since many companies have plenty of skeletons in their cupboards which can act both as catalyst and ammunition for a conflagration in any giant corporate house – a la Satyam. than be crucified as a cheat and a criminal. PwC. What happens then to faith in India Inc and its checks and balances. We as Indians cannot afford to let Satyam drift away into oblivion. So before lightening strikes again we have to strengthen our 48 . Then why did he not take the logical path. this is another terrorist attack on the Indian Economy like the 26/11 Mumbai attack. We can pooh-pooh it as a conspiracy theorists’ bad imagination. And this theory will pass the Litmus Test the day another Behemoth of Indian Industry sinks without a trace. but the circumstances demand that we investigate the possibility of confession at a gunpoint. then why didn’t he correct the situation before he resigned. Then why did Raju do a kamikaze on Indian Economy in general and India Inc in particular? And if what he now supposedly confesses that books were not inflated but money was siphoned into land deals is true. euphemistically speaking. I guess putting money back into the company would any day be a better option. for a man who commanded such high respect as a globally recognized Indian celebrity entrepreneur and a demigod for many Indians.

house to ward it off. We cannot afford to let Satyam be quoted in history as a failed company. As things unfold, the unshaken belief of investors and stake holders of Satyam in Satyam will be vindicated. The company never failed- there has been a robbery in the company. Some robbers have been nabbed and rest of the accomplices will also be ferreted out by the investigators. But what surprises most is the fact that Govt. is juggling with the idea of a bail out package to revive Satyam. For crying out loud, why isn’t the Govt simply confiscating the cache of loot from the Robberin Chief and restoring it back to Satyam. The first reaction to the public announcement of acceptance of fraud by Raju should have prompted the Indian administration to freeze all bank accounts and confiscate all assets of Raju and his family members, even before initiating any investigative proceedings. That would have been the proper impartial approach of any nation, except Banana Republics. After all someone is crying hoarse that he has committed mayhem like murders and our administration is found questioning the veracity of the confession of the killer!!! Throwing red herrings like the confession letter is not signed by Raju!!! Shouldn’t such officials be also taken for interrogation for complicity in the crime. It would have happened just like that in any other civilised part of the world- but not here in India. No one questioned the self confessed villain and he was not disturbed for more than 72

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hours. The authorities had various kinds of doubts…to dispel them at least get hold of the supremo for questioning. Oh what absolute power does this self confessed criminal enjoy!!! That brings us again to the fact that even after clear confession; many a times we have expressed our inability to nail him. Think of what would have happened if he had not squealed. Generations would have passed away singing praises for Raju and Satyam. At least some Raju temples would have sprung up in Andhra Pradesh, if they do not exist already. Now can we fathom the extent of damage that India is doing by not acting in accordance with accepted norms? The global investor is gauging India and its ability to contain such individual acts of looting and daylight robbery. After all to make it a one off case there should be elaborate exhibition of swift and exemplary punitive action coupled with financial resuscitation programmes for the company . Even now its not too late to show the world our sense of purpose to deliver justice and restore the stolen booty to its rightful owner, i.e. Satyam. In case we are unable to deliver properly on this issue of Satyam, then rest assured there will be many more Satyams that we have to deal with. And do you for even a second believe that we can ever restore faith of the global investor in Brand India? This branding exercise has taken painstaking 15 years or so, all to be blown away by our inaction. Can you not see the domino effect it will have

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on our industry, starting with IT industry? You need no crystal ball gazing to arrive at the conclusion. Indian economy is at a threshold of either leapfrogging ten years ahead or retracing ten years backwards, after the global economic slow down cycle gets completed. Lets acknowledge that we are witnessing a Watershed Moment in the history of Indian Economy. Let us all pray that we play our cards properly, starting with Satyam. A quick comment on SEBI- rather it’s a point for us to ponder upon. Why do we need SEBI? It is helpless in preventing crimes targeted at investors in the market. AFTER IT COMES TO KNOW OF A CRIME, IT STILL SITS ON ITS HAUNCHES TOTALLY PARALYSED, INSTEAD OF SAFEGUARDING THE INTEREST OF THE INVESTORS. Who is SEBI actually meant for? At the end of it, if investors have to fend for themselves in terms of own safety, then why have the facade of a regulator. Did it safeguard the interest of the investor by freezing trade in Satyam scrip after receiving Raju’s letter of resignation? Such a catastrophic letter and you still feel like putting it up in public domain without freezing trade in the scrip. All this after SEBI itself commented that it doubts the veracity of the contents of the letter as also the genuineness of the letter. If SEBI felt initially that the letter being unsigned may be a prank , then why did it allow the letter to become public. SEBI is harping about Insider Trading in

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the balance sheet shortfall is more than Rs. That aborted attempt at expansion precipitated a collapse in the price of the company’s stock and a shocking confession of financial manipulation and fraud from its chairman. Why did a leading company in one of India’s most successful industries of recent years need to inflate profits? After all. B. According to the ‘confessional’ statement of Mr. Ramalinga Raju. It began with a successful effort on the part of investors to thwart an attempt by the minority-shareholding promoters to use the firm’s cash reserves to buy out two companies owned by them — Maytas Properties and Maytas Infra. the promoters decided to inflate the revenue and profit figures of Satyam. has had an unusual trajectory. the company has a huge hole in its balance sheet.Satyam…well some investigating team should look for such clues in the corridors of SEBI to begin with. consisting of non-existent assets and cash reserves that have been recorded and liabilities that are unrecorded.7000 crore. Raju. Satyam Scam – Separating truth from lies The scam at Satyam Computer Services. What is ‘known’ as of now is that over an extended period of time. the revenues of India’s IT industry have grown at a scorching 52 . In the event. the fourth largest company in India’s much showcased and fiscally pampered information technology (IT) industry.

Although the latter had more assets. There is some suspicion that Mr. The benefits derived by promoters from high stock values are obvious. in year 2000 Satyam Computer merged with a related company. Steve Case. Satyam Enterprises.000 shares. driven by exports. AOL’s higher market capitalization led to that company and its chairman. Why then did the fourth largest IT Company choose to take the criminal route of falsifying accounts and indulging in fraud? One possible cause could be the desire to drive up stock values. C. Raju and his family may have sought similar benefits. This is remarkable. With cheap skilled labor having shored up profits that were lightly taxed when compared with the norm. allowing them to buy into real wealth outside the company and giving them the ‘invasion money’ to acquire large stakes in other firms. revenues. net profits must have been substantial and rising too. assuming that revenue and profit inflation have not excessively overstated performance. or 19 per 53 . who held 800. This tendency was epitomized by the benefits derived by America Online when it merged with Time Warner. The family chose to build its shareholding in Satyam Computer Services and shed it when required. Srinivasa Raju.compound annual rate of almost 30 per cent in the past eight years. and customers. For example. getting more out of the deal than did long-time giant Time Warner. Raju’s cousin.

13 per cent in January 2009 (Business Line.65 at the end of September 2008. and 5. January 3.26 per cent by the end of March.02 per cent in 2006. The most recent decline is attributed to the decision of lenders from whom the family had borrowed to sell the shares that were pledged with them. 2009). in Satyam Enterprises. was reportedly allotted an equivalent number in Satyam Computer. 17. Overall.16 crore (22.74 per cent in 2003. But the earlier declines must have been the result either of sale of shares by promoters or of sale of new shares to investors. 8.67 per cent in 2005.60 per cent of equity in the company. 2002.24 crore in March 2000 to just Rs. Though the precise numbers quoted vary. 133.6 per cent) between September 2001 and September 2008. leading to criticism that relative prices did not justify the 1:1 swap.8 crore (8.8 per cent) to 5. 56. According to audited balance sheet figures (if they are to be trusted) available from the CMIE’s database.89 crore by March 2006 and further to Rs. 20. This fell to 22. 14. But the original promoter’s share held by the Raju family and their subsequent acquisitions were not for keeping.44 crore in March 2007. the paid-up equity in Satyam Computer Services rose from Rs. This point to a conscious decision by the promoters to sell 54 .cent. 64. 8. the number of shares held by the promoter group fell from 7.35 per cent in 2004.79 in 2007. 15. according to observers the stake of the promoters fell sharply after 2001 when they held 25.

and was the principal beneficiary just as in the AOL deal. If true. for a sum of $115 million. nor the Managing Director (including our spouses) sold any shares in the last eight years — excepting for a small proportion declared and sold for philanthropic purposes. The more inflated the share values. which was the largest private Internet Services Provider in the country at that time. It is quite possible that the assets built up by the eight other Raju family companies under scrutiny.com and khel. the more of such assets could be acquired. since he stated that “neither myself. which may have been used to acquire assets elsewhere. Satyam’s business strategy did involve unusual transactions. this makes Raju’s confession suspect. According to reports. One example was the acquisition in 1999 by group company Satyam Infoway. partly came from the resources generated through these sales. including Maytas Properties and Maytas Infra. the owner of IndiaWorld was himself charged with intellectual property violations by 55 .com that had no clear revenue model.shares. The acquired company operated popular portals such as samachar. of IndiaWorld Communications. Money could have been siphoned out through opaque transactions with beneficiaries who were paid sums not warranted by their business profile.” This may not have been the only way in which resources were transferred out of Satyam Computer Services into other arms of the expanding Raju family empire.

Mr.” for which it had of course paid a huge sum. but that its interest was not in IndiaWorld.com. Satyam Infoway’s position was that it was aware of the claim being made by ASAP Solutions. Even if he and his colleagues were inflating revenues and profits. There is reason to suspect that this acquisition delivered little to the company. Raju’s confession is also suspect for another reason. He claims that the huge difference between actual and reported profits in the second quarter of 2008-09 was because the ratio of operating margins to revenues was just 3 per cent rather than the reported 24 per cent.com but was “limited to the URL indiaworld. it was engaged in activities similar to that undertaken by other similarly placed IT or ITeS companies and it too had a fair share of Fortune 500 companies on its client list. the ratio of profits before tax of Infosys 56 . which has been widely discussed in the media.co. seems to be extremely low. Raju’s confession. the actual revenue earning capacity of the company.in and the other portals under its banner. as confessed by him. It is known that many of these companies have been showing operating margins that are closer to the 24 per cent reported by Satyam than the 3 per cent revealed in Mr. Thus in financial year ending March 2008.his erstwhile employer IndiaWorld.-based ASAP Solutions Inc. an Internet services company managed by U. But even if Satyam Computer Services was cooking its books.S. raising questions about the motivation.

The promoters continued to hold control over the company despite the small share in equity they held and built an empire with land assets and contracts for executing prestigious infrastructural projects.3 per cent of its total income.1 per cent. the difference between 24 per cent and 3 per cent seems too large to be the industry standard. But whatever it is. is not yet out. that of TCS 23. which could raise suspicion. more complex.2 per cent. Raju is exaggerating the hole in his balance sheet or there is some other. but it would come to 57 . 7000 crore. The Satyam fraud may have come into the limelight after Ramalinga Raju’s disclosure of alarming facts regarding the cooking up of accounting books to an upward inflated amount of Rs. and more disturbing explanation.was 32. its impeccable board with high-profile independent directors. Despite indicators of these kinds. The full truth. This suggests that either Mr. Satyam Computer Services remained a leading player with substantial investor support for many years. and its appointment of big-four member PwC as its auditor. and that of Wipro 19. it appears.8 per cent. of Satyam 27. And despite its awardwinning reputation for corporate governance. this still mysterious accounting fraud occurred. The Satyam scam has become transparent in public domain now itself.

“But Srinivas if I look at your deposit account for the last four quarters that number has remained absolutely flat and most of the incremental cash flows have been parked in current accounts. that an analyst had figured it out way back in October 2008. A deposit in a current account doesn’t attract any interest. The analyst interaction. CFO Srinivas Vadlamani and Ram Mynampati. Saluja probed further. member of the board. was addressed by chairman Ramalinga Raju.your surprise. Kawaljeet Saluja from Kotak Securities had enquired the rationale for the $550 million lying idle in a current account. organized after Satyam’s second quarter earnings of 2008-09. At the analyst conference call. Citing no specific reason for parking the funds in the current account. Vadlamani said that the money was restricted to the second quarter only and thereafter the amount goes to the deposit account. who is now the acting CEO. Unconvinced by the answer.” the analyst wanted to know. 58 . Would you highlight the reasons for it. He also pointed out that this trend had been continuing for the past few quarters.

which was 5. Dear Board Members. that I would like to bring the following facts to your notice: 1. The Balance Sheet carries as of September 30. Vadlamani replied that the yield is roughly around 8% or so. 040 crore (as against Rs. basically what will happen is this amount will be basically in different countries and then we would bring them to India. ICICI Securities and Edelweiss participated in the October 17 conference call. Satyam Computer Services Ltd. Gilford Securities.Inflated (non-existent) cash and bank balances of Rs.3% against the industry rate of 9-10 %. based on the needs. Susquehanna.5. On asked about the low yield earned by Satyam on its excess funds.To this Vadlamani replied: “No. we will see that as part of the deposits. 2008 . Goldman Sachs. It is with deep regret.” Over a dozen analysts from both global and local brokerages-Bank of America. Some of them are in overnight deposits and we have kind of placed them into normal term deposits. at tremendous burden that I am carrying on my conscience. To the Board of Directors. So from the next quarter onwards. Text of the letter written to the Satyam Board by Satyam’s Chairman B Ramalinga Raju’s who resigned from the company after admitting to the scandal at Satyam. 5361 crore reflected in the books) 59 .

588 crore in Q2 alone.. It has attained unmanageable proportions as the size of company operations grew significantly (annualized revenue run rate of Rs. 2. What started as a marginal gap between actual operating profit and the one reflected in the books of accounts continued to grow over the years. cash and bank balances going up by Rs. 376 crore which is non-existent . 490 crore (as against Rs.] reflected in the books) 2.392 crore). The gap in the Balance Sheet has arisen purely on account of inflated profits over a period of last several years (limited only to Satyam standalone.2. 11.An understated liability of Rs.276 crore in the September quarter. 2008 and official reserves of Rs. 2651 [cr. 61 Crore ( 3% of revenues). This has resulted in artificial.230 crore on account of funds arranged by me . The differential in the real profits and the one reflected in the books was further accentuated by the fact that the company had to carry 60 .112 crore and an actual operating margin of Rs. 1.700 crore and an operating margin of Rs.An accrued interest of Rs. 649 crore (24% Of revenues) as against the actual revenues of Rs. 8.An over stated debtors position of Rs. books of subsidiaries reflecting true performance). For the September quarter (02) we reported a revenue of Rs.

additional resources and assets to justify higher level of operations — thereby significantly increasing the costs. Every attempt made to eliminate the gap failed. As the promoters held a small percentage of equity, the concern was that poor performance would result in a take-over; thereby exposing the gap. It was like riding a tiger, not knowing how to get off without being eaten. The aborted Maytas acquisition deal was the last attempt to fill the fictitious assets with real ones. Maytas’ investors were convinced that this is a good divestment opportunity and a strategic fit. Once Satyam’s problem was solved, it was hoped that Maytas’ payments can be delayed. But that was not to be. What followed in the last several days is common knowledge. I would like the Board to know: 1. That neither myself, nor the Managing Director (including our spouses) sold any shares in the last eight years — excepting for a small proportion declared and sold for philanthropic purposes. 2. That in the last two years a net amount of Rs. 1,230 crore was arranged to Satyam (not reflected in the books of Satyam) to keep the operations going by resorting to pledging all the promoter shares and raising funds from

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known sources by giving all kinds of assurances (Statement enclosed, only to the members of the board). Significant dividend payments, acquisitions, capital expenditure to provide for growth did not help matters. Every attempt was made to keep the wheel moving and to ensure prompt payment of salaries to the associates. The last straw was the selling of most of the pledged share[s] by the lenders on account of margin triggers. 3. That neither me, nor the Managing Director took even one rupee/dollar from the company and have not benefited in financial terms on account of the inflated results. 4. None of the board members, past or present, had any knowledge of the situation in which the company is placed. Even business leaders and senior executives in the company, such as, Ram Mynampati, Subu D, T.R. Anand, Keshab Panda, Virender Agarwal, A.S. Murthy, Han T, SV Krishnan, Vijay Prasad, Manish Mehta, Murali V. Sriram Papani, Kavale, Joe Lagioia, Ravindra Penumetsa, Jayaraman and Prabhakar Gupta are unaware of the real situation as against the books of accounts. None of my or Managing Director’s immediate or extended family members has any idea about these issues. Having put these facts before you, I leave it to the wisdom of the board to take the matters forward. However, I am also taking the liberty to recommend the following steps:
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1. A Task Force has been formed in the last few days to address the situation arising but of the failed Maytas acquisition attempt. This consists of some of the most accomplished leaders of Satyam; Subu D, T.R. Anand, Keshab Panda and Virender Agarwal , representing business functions; and A.S. Murthy, Han T and Murali V representing support functions. I suggest that Ram Mynampàti be made the Chairman of this Task Force to immediately address some of the operational matters on hand. Ram can also act as an interim CEO reporting to the board. 2. Merrill Lynch can be entrusted with the task of quickly exploring some Merger opportunities. 3. You may have a restatement of accounts’ prepared by the auditors in light of the facts that.I have placed before you. I have promoted and have been associated with Satyam for well over twenty years now I have seen it grow from few people to 53,000 people, with 185 Fortune 500 companies as customers and operations in 66 countries. Satyam has established an excellent leadership and competency base at all levels. I sincerely apologize to all Satyamites and stakeholders, who have made Satyam a special organization, for the current situation. I am confident they will stand by the company in this hour of crisis.

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Merrill Lynch (now Bank of America) will stand by the company at this crucial hour. Ramalinga Raju) Copies marked to: 1. I am tendering my resignation as the chairman of Satyam and shall continue in this position only till such time the current board is expanded. I am marking copies of this statement to them as well. I am now prepared to subject myself to the laws of the land and face consequences thereof.In light of the above. Chairman SEBI 2. With the hope that members of the Task Force arid the financial advisor. Stock Exchanges 64 . (B. I fervently appeal to the board to hold together to take some important steps Mr. Under the circumstances. T R Prasad is well placed to mobilize support from the government at this crucial time. My continuance is just to ensure enhancement of the board over the next several days or as early as possible.

The combined market-cap of all firms excludes Satyam’s valuations for the two days. Indian stocks listed on the American bourses suffered a loss of close to $ 2 billion in a week.66 billion on the speculations that some rival IT firm might acquire it. the rest of the 15 Indian stocks on US bourses bore the brunt of the negative market sentiment and witnessed a fall of $1.S. a halt in trading in Satyam Computer from Wednesday.94 billion in their combined market capitalization in the week ending January 9. Despite. Meanwhile. added $ 2.Impact of Satyam The Satyam Effect: US Listed Indian Stocks Take A Beating The Satyam scam effect has started its infectious presence. after the new broke. the Hyderabad-based company. 65 . following unfolding of India’s biggest. which traded on the first two day of the week. The trading was halted as the Satyam ADS had tumbled over 90 per cent in the pre-market trading on the US bourse on January 7. listed stocks of other Indian companies have started taken a severe beating. The NYSE had halted trading in Satyam Computer from January 7 after the company’s founder Ramalinga Raju disclosed financial bungling at the Indian IT firm and resigned from the company. U.

On the other hand. However. companies have commenced re-codifying their risk management policies. Indian firms are looking into methods to avoid scenarios of such scams within their companies.Indian Firms Reviewing Fraud Control Mechanism: In the face of the Satyam scam and its deadly repercussions. a survey by an industry lobby says.70 bn Satyam Computer Services scam. most officials at this level managed to get off the hook even if found guilty. said that to deter possible corporate frauds. about 85 percent of the respondents said although Clause 49 of the market regulator’s Listing Agreement clearly states that the management and the board of directors must accept responsibility for not issuing accurate financial statements. A quick analysis by the Associated Chambers of Commerce and Industry of India (Assocham) with feedback of over 400 leading corporate. about 80 percent of respondents argued that putting these programmes and controls in place will help organizations to set the tone of zero-tolerance to fraud and create a mechanism for employees to report wrongdoing to the appropriate authorities. Indian companies have started to review and document their risk management policies and practices to check corporate fraud in the wake of the Rs. 66 .

The Satyam Scam Has Dented India Inc.’s Image Abroad: Huge losses to investors aside. Allowing the 67 .” “The admission of fraudulent manipulation of the financial affairs has created an adverse impression in the minds of the trade. Seeking to dismantle the existing board and to nominate ten new directors at the beleaguered IT firm. business and industry across the world.About 50 percent of corporate said the control systems in vogue are presently geared to detect errors but not fraud and. therefore.” the government said. the Satyam scandal has caused “serious damage” to India Inc’s reputation as well as the country’s regulatory authorities outside. there is need for stringent internal control systems to completely plug the scope for corporate frauds.” “This has also resulted in serious damage to the reputation of Indian Corporate sector and the regulatory mechanism in the eyes of the world. the government has said. the Centre has said in its petition before the Company Law Board that the “interests of the company will not be safe in the hands of the present board of directors.

V S Raju and interim CEO Ram Mynampati. This includes also those independent directors who have resigned — Vinod Dham. The CLB has also asked all the respondents to submit their replies to the petition by February 20.” Besides Satyam. the government in its petition has also named the company’s CA and auditor Price Waterhouse.” It also asked the new board to submit periodical reports to the Centre and the CLB on the company’s state of affairs. The CLB had ordered the Central Government to immediately constitute a fresh 68 . The CLB also observed that the residual board members at the company after a string of resignations are those “who were also party to the impugned decision to invest substantial funds in the companies related to Raju.government to nominate 10 new directors. Ramalinga Raju and brother Rama Raju. as well as former Cabinet Secretary T R Prasad. the decision of which was the starting point of the downward trend in the fortunes of the company. K G Palepu and Mangalam Srinivasan. Company Secretary as well as all the directors. Rammohan Rao. the CLB said in its order that the “present board of directors stands suspended with immediate effect” and the new board should meet within seven days of its constitution and “take necessary action to put the company back on the road.

Post Satyam Scam. “But the reputation and credibility of the company suffered drastically in the recent past when the Board of Directors of the company approved a proposal to acquire stakes in two companies… Its share price crashed and four of the independent directors who were parties to the above proposal tendered their resignation from the Board. as disclosed by Raju on January 7. Indian Students Shun IT Companies: 69 . besides India.” The government said in its petition that Satyam has about three lakh shareholders. The reputation of the company is at the lowest ebb and continuation of such a state would affect the confidence in the concept of corporate governance practiced in India. The impact of the manipulation of accounts. runs into hundreds of crores of rupees.board of the company with not more than ten “persons of eminence as directors.” the petitioner said.000 employees and has clients in over 60 countries. over 53. It has received a number of awards for best corporate governance.” “The Central Government may also designate one of them as the Chairman of the Board… The said Board will continue till further orders.

The Satyam effect has starting spreading its tentacles. I have changed my mind to get suitable job in other firm. “The impact of Satyam fraud has been so damaging that we now do not have any intention to join the IT company. said. Students are preferring to take jobs in their core branches rather than move to the dwindling IT sector.5 lakh. a student Mechanical Engineering student of University Institute of Engineering and Technology (UEIT). Sumant. IT (Information Technology) which used to be the Mecca of all jobs is now the outcaste. “I was offered a job as trainee employee at Satyam last year. Almost 80 students from the Institute of Engineering and Technology were selected by Satyam last year. Students were offered an annual package between Rs 3 lakh and 3. 70 .” The total number of engineering students placed by Satyam from this region was not available but some colleges have shared their placement figures.” said Divyadeep Goyal. while 13 students were placed from Punjab Engineering College (PEC) and seven were from UIET. and has proved to have a negative impact on the Engineering students. But after the fiasco has happened at Satyam. Rather we will look for job in other sectors. Echoing similar views. who was offered an annual package of Rs 3.25 lakhs in Satyam. another final-year student of the same college.

“This time we are witnessing a change in trend of students’ preference towards job placements. a mechanical engineering student at PEC. “I intend to move into the core sector. engineering students are now looking at the core sector.5-lakh package by Satyam. comprising manufacturing and telecom sectors. UREA SCAM Netting the Big Fish: 71 .” PEC Chief Placement Officer Saurabh Dhiman said. But there are some job seekers who have kept Satyam as last option for employment. who was offered a Rs 3.” said Harshal.According to placement officers of various colleges. They are now finding the core sector an appropriate one as far as employment is concerned. But if I do not get job in any other sector then my last option will be to join Satyam as I am hearing from my friends that situation there will improve.

Prabhakar Rao's arrest comes almost three years too late as vital evidence to nail him might be lost for good. nephew of Narasimha Rao.K. businessman Mallesham 72 .S. Ramakrishnan. Last week. the CBI had filed chargesheets against nine persons: C. D. In September. M. the ED had been chasing Prabhakar for his alleged involvement in the Rs 133 crore urea scam. P. For almost three years. Indian agent of the Turkish company Karsan. But he evaded arrest despite the ED getting non-bailable warrants issued against him. This charade would have continued had a Special Court in Delhi not rapped the CBI on November 17 for failing to prosecute him. The SPG argued that its job was to protect the VVIP and disclosing his whereabouts would be a violation of the Blue Book. It was a comic situation: investigating agencies "struggled" to trace him though Prabhakar was provided Special Protection Group (SPG) cover. the youngest son of former Prime Minister P. Kanwar. At a time when sons of political fathers are on the rise. Narasimha Rao. NFL's executive director. CMD of National Fertilisers Limited (NFL). Prakash Yadav. was finally arrested by the Enforcement Directorate (ED) in a surprise raid at his Mehboobnagar hideout near Hyderabad.V.V. B. Prabhakar Rao. son of former fertilisers minister Ram Lakhan Singh Yadav. Sambashiva Rao. Sanjeeva Rao. this was an ignominious fall.

He was sent to 14-day judicial custody by the magistrate. In March 1996. the Swiss bank which received an invoice for making payment to Karsan. But there was no response either from NFL or the RBI and the SBI.Gaud and three Karsan officials. it did not even touch Prabhakar though he had been identified as the "hidden hand" in the deal. say that vital evidence may have been lost due to the inordinate delay in arresting him. The scam originated in September 1995 when NFL floated a global tender for the supply of 2 lakh tonnes of urea. the CBI says there was no evidence against Prabhakar. It is still a mystery as to how the RBI/SBI waived stiff conditions attached to such deals. advanced the entire amount of Rs 133 crore to Karsan without any bank guarantee. ED officials. Despite several leads and testimonies of prosecution witnesses. When the matter was referred to the CBI in May 1996. who was appointed CMD by the Rao government bypassing established procedures. It was only when an incensed court directed the CBI to file a status report that the ED traced Prabhakar. however. raised certain objections and sent it back. 73 . The company took the money but did not deliver the goods. In fact. Curiously. the NFL under Ramakrishnan. the CBI had found nothing against Prabhakar.

Hidden Hand Triumphs: Despite 18 months of arduous investigation. The charge-sheet has been filed. the CBI chargesheet in the case fails to answer all questions. it is doubtful that the entire amount will ever be recovered.K. But have they really? Despite a rather convincing case made out by the investigating agency in its charge-sheet filed in the court of Chief Metropolitan Magistrate Prem Kumar in Delhi on December 26.The investigating agencies now have the arduous task of bringing the money back from Switzerland. in connivance with top NFL officials C. The CBI seems to have tied up all loose ends in the wellconceived scam. in which the National Fertilisers Ltd (NFL) was defrauded of Rs 133 crore in 1995. 74 . Ramakrishnan and D. one thing is missing: a face to the hidden hand behind the scandal. Though they are being prosecuted in India. But a major part of the Rs 133 crore is untraceable as it was transferred to Turkey by Karsan executives. Most of the missing money has been traced to accounts in five overseas banks. It is the CBI's case that a clutch of businessmen.S. Nine persons have been indicted. Prime Minister Atal Bihari Vajpayee raised the subject of remitting the frozen $7 million back to India with the visiting Swiss President recently and got a positive reply.

Sanjeeva Rao. had conspired to cheat the fertiliser company of $38 million (Rs 133 crore at the rate prevailing then). son of the then Union chemicals and fertilisers minister Ram Lakhan Singh Yadav. Pinto of the Brazil Trading Company. According to its investigation. who was named as the kingpin in the deal by Sambasiva Rao during his interrogation by the CBI.V. from where it was distributed among various persons by company executives Tuncay Alankus and Cihan Karanci.R. nephew of then Prime Minister P. Narasimha Rao. the Indian agent of Turkish firm Karsan Ltd. and D. P. son of the officer on special duty in the Prime Minister's Office (PMO) at the time. which were uncovered during 18 months of "painstaking" investigation. prime accused B. has also not been named in the charge-sheet.Kanwar.V. Anand Mohan Krishnamurthy. Prabhakar Rao. London-based A.V. brokered a contract between NFL and Karsan for the supply of two lakh tonnes of urea in 1995. Mallesham Goud. These findings. Karsan failed to execute the contract but the money was still remitted to its account in Turkey in November of that year.E. a director in one of Sambasiva Rao's companies. P. 75 . The others named in the charge-sheet are Prakash Chandra Yadav. and Sambasiva Rao. seem to have exonerated Narasimha Rao's son. Krishnamurthy.

It is in this context that the names of Prabhakar Rao. say sources in the CBI. Sanjeeva Rao and Krishnamurthy have arisen.Prabhakar Rao was twice interrogated by the CBI in June 1996. he could not risk ordering raids on any person connected to the former prime minister. Presumably. Vijaya Rama Rao. no raids were ordered on the residential premises of either Prabhakar Rao or Sanjeeva Rao by the then CBI director K. But. even though Sanjeeva Rao had confessed during his interrogation in Hyderabad that he knew where the money received as kickbacks was stashed. Apparently. It is no secret that Ramakrishnan was made the chairman cum managing director of the NFL despite his name being absent from the panel considered for the post by the Public Enterprises Selection Board in 1995. Rama Rao pleaded that due to the political uncertainty in the country that July. Sanjeeva Rao and Prakash Yadav were arrested only in June. The PMO's questionable role in the scandal goes further than just influencing the probe against the prime minister's son and Krishnamurthy. It is now believed that he was appointed to the post at the PMO's behest. when Narasimha Rao could have made a comeback after the fall of the BJP government. Rama Rao was informed of the scam in early 1996 but delayed the arrest of the key suspects. Ramakrishnan's first assignment in the NFL was to clear the dubious deal with Karsan as a favour to those who had got him the plum posting. Due to the 76 .

the officials of NFL's bank -. Subsequently. Karsan opened an account with Pictet Bank in Geneva and Ramakrishnan and Kanwar ensured that the money was deposited there five days later. Surprisingly. The PMO is also supposed to have played a crucial role in making certain that the contract amount left Indian shores. the Banque IndoSuez in Geneva. Delhi -. They included K.involved in clearing the remittances have not been found guilty. Sunil Sachdeva. saying it was not certain about the "genuineness" of the deal. deputy general manager. in two installments. Malhotra.the State Bank of India branch at South Extension. they asked the Turkish company to open a new account in which the money could be deposited. S. While ignoring Banque Indo-Suez's objections. Vikram.the total amount under the contract was remitted to Karsan's bankers.D. Not surprisingly. After the contract was signed on November 9. the bank returned the money to India on November 24. 1995 -without the mandatory bank guarantees or the first class Lloyd's insurance cover -. Ramakrishnan faced no difficulty in the PMO and files relating to NFL were never held up.influence exerted by his supporters. the assistant general manager. manager 77 . Top officials in the Finance Ministry and the PMO ensured that the money was sent back to Switzerland.

It is now pretty obvious that the PMO as an entity seems to have been involved in the scandal.2 million (Rs 70 lakh). Batra.L.4 crore) was doled out as the share of three foreigners also involved in the scam. chief manager. The Karsan agent paid Sanjeeva Rao a total of Rs 1. Prakash Yadav is reported to have received Rs 69 lakh as his share of the booty.1 million (Rs 3.1 million (Rs 98. Alankus is believed to have pocketed $28.54 million (Rs 12.(international operations) and K.9 crore). the hidden hand. it seems.02 crore as well as Rs 60 lakh to Mallesham Goud. and about $3. Their suspension has now been revoked.35 crore). nor does it look likely that he will ever be. While credit is due to the CBI for unraveling much of the mystery. $4 million (Rs 14 crore) was given to Edible Foodstuffs Trading Ltd of Dubai for forwarding to Sambasiva Rao through the hawala route. But the mastermind behind the whole affair hasn't been identified. will continue to remain hidden. LIC SCAM The LIC Housing Finance scam: bigger than Satyam? The scale of the LIC Housing Finance scam is possibly bigger than the Satyam scam. The amount involved hasn’t been 78 . Karanci $1. While Sambasiva Rao was directly paid $0.

A few months back. the big fish will probably get away and most of the money will vanish into thin air (or into 79 . But the simultaneous raids in several cities by the CBI and arrest of senior officials of PSU banks and financial institutions point to a significantly larger operation. when the Sensex was consolidating in a sideways channel.” My counter argument was: “The Sensex hit recent bull market tops because of the excess liquidity created by the scams. a stockbroker friend had made a surprising comment: “Bull markets require a nice scam to shoot up to new highs. I won’t be a bit surprised if the real estate sharks were dabbling in the stock market to quickly recover the bribes they paid to the PSU officials to get the loans. The scams were detected much later after the scamsters sold out and made huge profits.” A reader commented: “The markets have NEVER peaked out on scams.” No doubt that FII inflows have provided the major fuel for the bull market rise.revealed yet. But what caused the sudden jump out of the year-long trading channel to an all-time high close above the 21000 level? Could it be that the ill-gotten loans were channeled into the stock market? Only a detailed investigation by SEBI may reveal that. As with all such scams in India.

Wonder whether there is any sense in becoming a long term investor at all . its like waiting for some scam to happen n wipe off your money!’ The only advice? Sell tomorrow or switch to HDFC. Now a quick look at the one year bar chart pattern of LIC Housing Finance: 80 . And just when all looked rosy. A reader who wrote the following email: ‘I had been investing in LIC housing finance for some time now and sitting on decent returns. Small investors are better off regularly investing in index funds or index ETFs. here comes a housing scam involving it and as a result the share tanks 20% :( No respite for us poor retailers.Swiss bank vaults).. And who will bear the brunt of the fall in stock prices? Small investors like us.. rather than in individual stocks.

The ROC was also negative and below its 10 day MA. 81 . As of yesterday (Nov 23 ‘10). The MACD was negative and below the signal line.After touching an all-time high of 1496 on Sep 29 ‘10. The RSI was below the 50% level. the technical indicators were all bearish. only to find resistance from the falling 50 day EMA. The slow stochastic was in the oversold zone. the stock has been making a bearish pattern of lower tops and bottoms and had fallen below both its 20 day and 50 day EMAs. It bounced off the 100 day EMA yesterday.

Partially eliminate blows to your portfolio by following disciplined investment strategies: Partial profit booking is one.While the news of the scam caused a high volume drop below the 200 day EMA today. buying only the best is another (HDFC instead of LIC Housing Finance. Buying and holding fundamentally strong stocks for the long term is an excellent investment idea. or TCS instead of Satyam). No one rings a bell to warn investors. but one makes money only by selling. Bottom-line? Unforeseen situations do happen in the stock market. basic knowledge of technical analysis often provides clues. Partial profit booking near all-time highs can save some pain if sudden calamity hits. 82 . Was it insider selling? Only SEBI can answer that. Higher volumes on down days had given ample indications to investors to book profits. the stock was already on a down trend.

but now has 103 members.. argued that it was not a defense land The high-rise was built subject to the condition that it would house war veterans. the president of the society. 77.ADARSH SCAM What the Adarsh scam is about. Retired brigadier M W Wanchu. Bhagwati Manoharlal Sharma. the outgoing chief minister clarified that for him ‘family’ is restricted to his wife and two daughters. Chavan’s late mother-in-law Bhagwati Manoharlal Sharma. relatives Seema Sharma and Madanlal Sharma also figured in the list. RTI activists have revealed that the Army had been in “de facto” possession of the 6. died at ‘Varsha’. was converted into a 100-metre-tall building.490-sq mt prime land for over 60 years before the Adarsh Society high-rise came up there in 2003. the chief minister’s official residence.. Despite repeated statements by outgoing Chief Minister Ashok Chavan that the land which houses the controversial 31-storey Adarsh Cooperative Housing Society belongs to the Maharashtra government. The society. in 83 . However. originally meant to be a six-storey structure to house Kargil war heroes and war widows. which include relatives of Chavan.

serving bureaucrats.July. Former chief secretary D K Sankaran’s son. However. Ashok Chavan’s late father and former home and defence minister was also S B Chavan. Former Army chiefs Generals Deepak Kapoor and N C Vij and former Navy chief Admiral Madhavendra Singh and ViceChief Gen Shantanu Choudhary also got flats in the society. The two relatives have submitted letters of withdrawal of their membership. According to the present market rate in the Colaba area. 84 . is also among the allottees. and an individual by the name of S B Chavan. a close aide of a senior Maharashtra minister. Seema Vyas and Idzes Kundan. an average two-to three-bedroom-hall-kitchen (BHK) flat in Adarsh society could cost between Rs 6 crore and Rs 8. members of the society paid Rs 60-85 lakh for each flat.5 crore. The list also includes the names of former Union environment minister Suresh Prabhu. The Western Naval Command had objected to the construction of the society as it also violates the stringent Mumbai Coastal Regulation Zone norms. Nationalist Congress Party MLC Jitendra Avhad. the children of some bureaucrats. Congress leader Kanhaiyalal Gidwani and his two sons. They have offered to surrender their flats on the grounds that they did not know the land was meant for the widows of Kargil war heroes. Sanjoy.

which was exposed by this paper. We are sensitizing the rank and file that the army goes by certain norms and codes that must be upheld. Most of the files pertaining to the scam are now in CBI’s possession. Some individuals have brought a bad name (to the army) for personal gain. The Union environment ministry has also raised a red flag. Members plan to approach the court of law against these actions." Singh said in an 85 . Subsequently. was given to VIPs instead.The CBI is already investigating how the prime land in Mumbai. especially since so many officers have been named in it. saying it did not grant clearance to the society." "I am concerned and deeply hurt. which was marked for Kargil war widows and war veterans. The CBI enquiry was sought by the present Army chief to clear the names of defence service officers allegedly implicated in it. not just to me. Defence Minister A K Antony had to agree to the CBI enquiry. Army chief General V K Singh told The Times of India on Thursday that the Adarsh scam. The Mumbai Metropolitan Region Development Authority has scrapped the occupation certificate in the wake of the controversy. BrihanMumbai Electric Supply & Undertaking has disconnected power supply to the society. has "caused embarrassment to the whole army.

There's a sense of shame within the Army. He vowed that no one would be spared and that the guilty would be brought to book. "I think so. The ministry of defence has already begun investigating what it sees. It is painful to say the least. admirals. "At the same time.3 million army. prima facie. had bagged apartments now worth many crores at Adarsh. The Army as an institution has taken a beating." Singh added. These are just a few people and they cannot sully the image of the rest of us. He said he had instructed his commanders across the country to take stock of all army land. Asked if the force was shamed that Army chiefs were involved in the scam. as a "criminal conspiracy". "They have been told to audit what they hold". however senior. politicians and bureaucrats." Singh told CNN-IBN in a separate interview. TOI first reported on October 25 that two former army chiefs Deepak Kapoor and N C Vij.interview to TOI. its image has been damaged. a 31storey building in Colaba in Mumbai. 86 . in a 1. here is a person in whom we had faith. along with a number of other generals. some black sheep are not going to affect the remainder of the lot who are straightforward and honest. Here is a man whom we trusted. Singh said. "I am extremely saddened by the Adarsh revelations.

Here is what came out in that report.I think it will hurt deeply. The building was constructed at a place where there used to be Khukri park. it was not 87 . Maharashtra Government Revenue Department issued an order in 2003.here is a person on whose order we were ready to go to battle.. in which it was written that the government has decided to hand over this land occupied by the army to the housing society at a fixed government rate. Mumbai's posh Colaba area land (about 3800 square meters) with the complicity of military officers was given to a private housing society. IBN7 did the special investigation on this. inaugurated by Field Marshal Cariappa. including former army Chief Deepak Kapoor himself. The channel broke the story as early as April 2 of this year. However. But no one knows how army gave the permission to build a housing society on this land. had flats in this society. This 27-storey building has been built in Mumbai's Colaba Navy Nagar area. But army took no action in this regard because several army officials. I think it will have a great amount of psychological impact. Since 2000 the army used to maintain the park but after that some army officers attempted to grab this land." How IBN7 exposed the Adarsh Society scam: IBN7 was the first to expose the Adarsh Society scam.

1503 and 1504) are in the names of Uttam Ghakare. ironically enough. Former Revenue Minister said in that particular respect where army gave the land to the housing society. potential contenders for Chavan’s post and at some point served as the sanctioning authority for the project. Kiran Bhadange and Amol Kharbari — real or fictitious individuals whose relationship with Deshmukh is not clear. Union power minister Sushil Kumar Shinde is said to own a 3-BHK flat in the name of Major NW Khankhoje. Deshmukh. Three former CMs — Vilasrao Deshmukh. no one raised any objection on the matter. also stand accused of owning flats under ‘benami’ names in Adarsh.stated anywhere that the army-occupied land has been handed over to the housing society. the then Revenue Minister Shivaji Rao Patil Neanalngre said it is normal for the army to lend any piece of land to a housing society. while former state revenue minister Shivajirao Patil 88 . The flats (1502.076 sq ft carpet area — on the 15th floor. who is currently the union minister for heavy industries. However. Chief Minister Ashok Chavan’s kith and kin are not the only beneficiaries of the scam involving allotment of flats in the Adarsh Co-operative Housing Society in Colaba. Sushilkumar Shinde and Narayan Rane — all of whom have been. when IBN 7 tried to learn the details. reportedly owns three apartments — each one a 3-BHK of 1.

while Shinde. gave the final sanction for the project. Archana Tiwari. reportedly got a flat in Adarsh by virtue of being a good friend of Ratnakar Gaikwad. had given the initial permissions for the construction of Adarsh Society.Nilengakar allegedly owns two flats in the name of Dr Arun V Dawle and Sampat R Khidse (flat no 2602). “None of my relatives or party workers or friends own a flat in the society. Rane told DNA. Deshmukh. “I only facilitated the treatment of two defense officials as ‘special cases’. Their cases were taken up before the cabinet for approval. Set up supposedly with the aim of “accommodating and rewarding the heroes of the Kargil operation and those who had laid down their lives for the protection of the 89 . Deshmukh denied the allegations. The project had been approved by Chavan himself in 2002 when he was the revenue minister. The Adarsh gravy train has more members on board: Maharashtra revenue minister Narayan Rane too is accused of owning two 3-BHK flats on the 17th floor. as the then CM.” Nilangekar and Shinde were unavailable for comment. in the name of Girish Pravinchandra Mehta and Rupali Harishchandra Raorane. as they did not have domicile of 15 years in Maharashtra. a doctor with Bombay Hospital.” he said. when he was the CM in 2004. When contacted. commissioner of Mumbai Metropolitan Regional Development Authority (MMRDA). Also.

The Adarsh hall of shame: Some of the bureaucrats and politicians who are accused of fraudulently obtaining flats for themselves or their relatives: Ashok Chavan.motherland. resigned from the society on Friday. out of which only 37 members belong to the army and just three members have anything to do with the Kargil war. his sister-in-law Seema Sharma and brotherin-law Madanlal Sharma. Chavan’s mother-in-law Bhagwati Sharma was also a member of the society. Shiv Sena (own name) Pradeep Vyas. Mumbai ( in the name of his wife and fellow IAS officer Seema Vyas) Jitender Awhad. it comprised 40 members and included mostly defence personnel. Mumbai (own name) Kanhaiyalal Gidwani. Maharashtra Jairaj Phatak. chief minister. NCP (own name) Indris Kundan. but she passed away earlier this year. ex-ollector. ex-collector. Meanwhile. exmunicipal commissioner (flat in the name of his son Kanishka J Phatak) Ramanand Tiwari. state information commissioner (in the name of son. Congress (along with 2 sons. BEST GM (in the name of 90 . Now the list stands at 103. Onkar Tiwari) Suresh Prabhu.” if one looks at the initial list of society members of the Adarsh Co-operative Housing Society. Kailash and Amit) Uttam Khobragade. two of Chavan’s relatives who had been allotted flats in Adarsh.

Devyani. ex-income tax commissioner (own name) PV Deshmukh. ex-collector. Devyani) Shriniwas Patil. Congress SC Deshmukh. secretary. Congress (own name) DK Sankaran.daughter. urban development (own name). Pune (own name) Arun Pawar. Exchief secretary (in the name of daughter. 91 . Ranjit Krishnarao Patil. an Indian Foreign Service official) Babasaheb Kupekar. suburban (in the name of son. NCP (own name) CS Sangitrao. Collector.

Here is a flash back on what 2G is all about and the scam involving it: The second generation 2G cellular telecom networks were commercially launched on the GSM standard in Finland in 1991.75G. Three primary 92 . 2G spectrum: It is a spectrum which support 2G technology. and 4G. 2G networks are still used in many parts of the world. Raja putting his papers over the alleged scam in the 2G spectrum allocation.5G.2G and spectrum scam What is 2G and spectrum scam all about? Today there is much talk about 2G as India's IT and Telecom minister A.2G has been superseded by newer technologies such as 2. 2. 2G means secondgeneration wireless telephone technology. High bandwidth is required for this purpose. however. 3G.

What is the 2G spectrum scam about? Here is a background on the 2G spectrum controversy that resulted in Communications and IT Minister A.1. the notional loss was estimated at $38 billion to the exchequer. and that for broadband access.5 billion. the exchequer had lost billions of dollars. based on the auction of airwaves for third generation (3G) services. Later. The opposition said that by giving the airwaves cheap. and 2G introduced data services for mobile. Raja of DMK resigning on Sunday: The issue dates to 2008 when nine telecom companies were issued scarce airwaves and licences for second generation (2G) mobile phone services at Rs. starting with SMS text messages.benefits of 2G networks over their predecessors were that phone conversations were digitally encrypted.658 crore (less that $350 million) for a pan-India operation. 2G systems were significantly more efficient on the spectrum allowing for far greater mobile phone penetration levels. which got nearly $15 billion to the exchequer. The cut-off date for applications was also arbitrarily advanced. that too in the controversial manner of firstcum-first-served basis. But Prime Minister Manmohan Singh himself 93 . As many as 122 circle-wise licences were issued. which fetched over $8.

This swelled its valuation to $2 billion without a single subscriber.defended Raja's decision and said May 24 that all that his communications minister had done was to implement a policy already in place and none of the norms were flouted. again without a single subscriber. The opposition further stepped up its attack with two examples on 2G auction: .A new player. Unitech. . Loop Telecom. later became Videocon Mobile and Stel now has large stake by Baharian Telecom. Shyam Telelink and Spice. As recently as last month. taking its valuation to nearly $2 billion. Swan Telecom. The final blow came after the Comptroller and Auditor General of India said the entire 94 .Another new player.36 billion. bought licences for 13 circles with the necessary spectrum for $340 million but managed to sell a 45-percent stake in the company to UAE's Etisalat for $900 million. Similarly. Datacom. the Supreme Court asked the solicitor general why the prime minister had not responded to the representation by the opposition to sanction proceedings against Raja. paid $365 million as licence fee but sold a 60-percent stake to Norway's Talenor for $1. Idea Cellular. another licensor. The other companies are Tata Tele.

1.76 lakh crore CAG: Rules and procedures flouted while issuing licenses • • • '2G scam: Only SC can ensure fair probe': The Supreme Court had recently admitted a public interest litigation (PIL) petition demanding a court-monitored investigation into Union Telecommunications Minister A Raja's role in the Rs 70. one of the petitioners.000 crore to the national 95 . 70.process of spectrum allocation was undertaken in an arbitrary manner and that the advice of the industry watchdog was ignored and misused. insists that the monitoring of the investigations by the Supreme Court is essential given the magnitude of the alleged scam that reportedly caused a loss of Rs. Paranjoy Guha Thakurta. What is the spectrum scam? • 2G licenses issued to private telecom players at 'throwaway' prices in 2008 122 Circle wise licenses issued CAG: Spectrum scam has cost the government Rs.000 crore 2G spectrum scam and issued notices to the minister and different agencies of the Government of India asking them to respond within ten days to the petition.

Comptroller & Auditor General of India (CAG). Terming the alleged scam as the biggest in the history of India he says.Raja. as a department of the Central Government”. who is part of DMK. Directorate General of Income Tax (DGIT) and the High Court of Delhi on different occasions. “This is a case against the corrupt policies and actions of the Central Government. The CBI has a very bad record in politically sensitive cases as is clear from the adverse comments of this honourable court itself on different occasions. a part of the Congress-led UPA Government at the Centre?” Thakurta further added that the modus operandi of the scam is an open secret and the role played by the Department of Telecommunication under Raja have been indicted by the Central Vigilance Commission (CVC). more or less. Thakurta further added 96 . This is a case which is extremely politically sensitive and has caused huge embarrassment to the Central Government. The petitioners have reasoned before the SC that the “CBI is investigating the case. Central Bureau of Investigation (CBI).” they added. and also the 'slow going' CBI investigations into the scam. “How can we expect that the investigative agency is not being pressurized as the Telecommunications Ministry is headed by A.exchequer.

the process adopted by the government in choosing P J Thomas as the new Chief Vigilance Commissioner has led to apprehensions about the 2G scam investigations. 2010 and also the transfer of Milap Jain. The petitioners have also contended that the investigations into the entire criminal conspiracy have virtually been aborted. However. who was investigating and closely pursuing the investigation.” he said. The balance of 97 . “Even the Comptroller and Auditor General of India has objected the proposed bailout package which is a rare instance. It is interesting to note that the previous Chief Vigilance Commissioner has referred the case to CBI asking for a comprehensive probe. to International Taxation. to Maharashtra on April 2. it is likely to be swept under the carpet by the Central Government.that the bailout package proposed by the DoT for a few selected companies is also highly controversial. has not even been called for questioning. They said that Nira Radia. Unless the honourable court intervenes in this huge scandal. DIG of CBI (Anti-corruption branch). Among the grounds for interim relief claimed by the petitioners is that the entire investigation has been effectively scuttled. DG of Income Tax (Investigations). whose conversation tapes with the Telecom Minister have been available with CBI for about nine months. They have cited the recent transfer of Vineet Agarwal.

The entire investigation being carried out by the CBI has been scuttled to protect vested political interests. Telecom Watchdog. the petitioners had moved the Delhi High Court. Simply in terms of the scale of money that has been swindled.” The other petitioners before the SC are The Centre for Public Interest Litigation. through its general secretary Prashant Bhushan and another registered society.. The synopsis of the petition accepted by the Supreme Court. through its secretary Anil Kumar. corporate and other middlemen involved. reads: “The petitioners.000 crore (Rs 700 billion) and huge national outrage. 60.. a registered society. “A sitting Union Cabinet minister has been found to be directly involved and tapes of his conversations with corporate middlemen are available. filed a petition seeking a thorough court monitored investigation into the 2G spectrum allocation scam that has caused the national exchequer an estimated Rs 70. Spectrum Scam: India's Mother of All Scams: The 2G Spectrum allocation scam.000 crores loss to public exchequer exposes the vulnerability of prevailing 98 . it is easily the biggest scam that this country has ever seen. considered as the mother of all scam in India. That is why to ensure people's right to life in a corruption-free environment and to enforce the rule of law. caused more than Rs. in part. the petitioners said.convenience is in their favour.

ignoring the fact that the subscribers number had crossed 300 million. The Spectrum was allotted in 2008 beginning at price fixed in 2001. The whole procedure lacks cabinet approval. at the whims and fancies of politicalmiddlemen nexus.laws of the Nation. More over there was no auction. the property of a Nation to the mobile telephone operators as well as to the others in the communication industry. while such a huge deal seeks mandatory approval of Cabinet Committee on Economic Affairs. where India had only four million subscribers.Raja. The word Spectrum simply means the allotment of Electro Magnetic Waves. the license were gifted on a shabby ‘first come first serve method’. by allotting 2G (second generation) spectrum to new entrants in the telecom sector at damn cheap price. 99 . though TRAI Chairman Nripendra Mishra and Finance Ministry made objections. The license fee fixed in 2001. The entire scam broke out during the dubious decisions taken by the Telecom Minister A. were simply applied to when spectrum licenses were granted in 2008 also. violating the Telecom Regulatory Authority of India’s vehement objection. Nothing prevented Minister Raja to ‘gift’ licenses to the mobile companies at a throw away prices.

1537 crore for operating in 13 circles. who is currently a major telecom player in Pakistan and Bangladesh.4500 crore).1651 crore. another real estate company too entered into a bumper deal.There is joke in the Telecom sector on the basic root of the spectrum controversy. The company got license to operate in 22 circles for Rs. this spectrum scam is the entry of real estate brokers in the telecom sector or tussle in sharing of the scarce electro magnetic waves (spectrum) between the existing telecom brokers and new real estate brokers. the head quarters of the Telecom Ministry along with the real-estate brokers of Parayavaran Bhavan(head quarters of Environment Ministry). Similarly. the telecom giant in UAE for 900 million US dollars (Approximately Rs. without investing anything in telecom infrastructure. According to telecom officials. the then Minister for Environment and Forests Raja entered the Sanchar Bhavan.6120 to the Norwegian company Telenor. The Swan Telecom bagged the license for Rs. 100 . Within months (September) it sold its 45 per cent of shares to Etisalat. the Unitech. when real estate companies Swan and Unitech bagged the spectrum license at a throw away price and they off-loaded their shares at a whopping price to multi-national telecom giants. Within weeks. When Dayanidhi Maran was thrown out of the Telecom Ministry on May 2007. The joke became a fact. it sold 60 per cent shares for Rs.

Nahan Properties. Anil Ambani earlier owned this company. Volga Properties. floated just two years ago. which controls Parrot Investments in Mauritius. Ambani lost interest in Swan. as he can operate both technologies through Reliance. Ambani had submitted for GSM license in January 2007. when his Reliance Mobile was permitted to operate only CDMA system. where the ownership goes to Tiger Trustees. which owned by Zebra Investments in off-shore money parking islands in the Indian Ocean. Unitech Builders and Estates. Swan Telecom. But they were able to merge all their licenses. earlier known. when Raja notified another dubious notification.The way on which these two controversial real estate companies bagged the telecom licenses can be compares to the DDA flat allotments or other real estate allotments in fictitious names. When dual policy was declared. Aska Projects. There are rumours in the telecom sector that the take over real estate businessmen was felicitated by Raja. Hudson properties. In a crucial strategic sector like telecom the Unitech gave application for licenses in several names. Adonis Projects and Azare properties. 101 . They had applied in the names of Unitech Infrastructure. This company was taken over by Maharashtra based real estate entrepreneurs Shahid Balwa and Vinod Goenka of Dynamix Balwa group. Swan Capital. Shareholding pattern of Swan coincides with zoology.

The Equaas Estates’ domestic turn 102 . Raja’s now prefers to say that all the entries in the Registrar of Companies are wrong and he and his wife was not aware that. As a Cabinet Minister. He even put his wife M. Raja’s close relatives started real estate companies. by violating the service rules and code of conduct of ministers. The real estate companies Green House Promoters. Equaas Estates. nephews and nieces as Directors of the Board. Raja has to inform the Prime Minister on wife’s business and file a mandatory affidavit that there is no clash of interest in the discharge of his duties. Kovai Shelters Promoters are filled with his brothers.A. Even his mentor Karunanidhi rubbished the allegations that the ‘leaders of certain political parties can’t tolerate the rise of a humble Dalit’. After becoming the Union Minister in 2004.Parameswari in the board of Green House and Equaas Estates. she was a director. what his predecessors had followed from 1994. The Pioneer’s series of investigative reports became a blow to Raja’s pretending of innocence and corruption free. He justified his acts for breaking the cartelization in the telecom sector and claimed ‘aam admi’ would be benefited by his decisions. Raja kept saying he was keeping the rulebook.When all allegations broke out. His money parking methods by floating companies in the name of close relatives is now open.

Mohammed Hassan 103 . one director Dr.1 Lakh capital. when the spectrum controversy broke out.755 crore. This company was floated four months ago with just Rs. quoting highly placed sources in the Telecom Ministry on the plan of Swan Telecom to acquire 49 shares in Raja’s relative’s Green House. Earlier. The documents filed with Registrar of Companies. According to documents filed with the Registrar of Companies in Chennai. 2008 the Swan has allotted Rs. The Pioneer reported on December 15.over in the very first years shows more than Rs. On December 17.380 Cr worth shares to Chennai based Genex Exim Ventures. violating the foreign exchange norms. Green House has even opened a Singapore office. which they now prefers to say a wrong entry like Satyam Computer Raju’s confession. nephew of Raja is holding 15 per cent shares. Genex was incorporated in September 17.Sridhar.R. 2008 with two directors. while holding a Class-1 officer post in the Ministry of Environment. Raja used to defend that the Swan and Unitech belong to Maharashtra and Delhi and no person from Tamil Nadu was associated with these companies. In Kovai Shelters. Mumbai reveal the mysterious allotment of shares to Tamil Nadu based businessmen in Swan. But this move was aborted and the money parking took a different route.

104 . The Tamil Nadu link now gets further strengthened. Genex Exim. when A Raja became the Union Telecom Minister in May 2007.380 Cr of Swan Telecom shares. Incidentally. the NRI business tycoon heading the Dubai based real estate conglomerate ETA Ascon Star Group. near Chennai on a nearly 500 acre plot. having acquired more than Rs.(58) and Ahamed Shakir (41). It is mysterious that a large business group should enter Swan’s board through a company with a meager one lakh paid up capital. All three of them belong to Kilukarai. Ahmed Syed Salahuddin is the younger son of Syed Mohammed Salahuddin. The ETA Group entered into a MoU with the Tamil Nadu government for setting up an IT Economic Special Zone worth Rs 3750 crore. has not filed any document with the authorities to show their source of income. which in turn began its Indian operations in 2006 by floating several real estate firms across the state. Raja was then Union Environment Minister and his party the DMK assumed power in Tamil Nadu. a small coastal village in Ramanathapuram district in Tamil Nadu. Tamil Nadu Chief Minister M Karunanidhi was present at the much-hyped MoU signing ceremony for the project proposed at Kancheepuram. The company was represented by Ahmed Syed Salahuddin (32) on the board of Swan.

With this deal. though the top telecom officials alerted the Prime Minister. Raja shunted out all the senior officials in the BSNL and Wireless Planning Co-ordination (WPC) wing of Telecom Department who objected the favoritism to the Swan. When controversies broke out the BSNL Chairman and Managing Director Kuldeep Goyal prefers to coin a new terminology for the deal. without any cost. 2008 the BSNL had entered an unprecedented deal with Swan. without investing anything. Though the BSNL management suggested charging 52 paise per call. just 10 days before the sale of Swan’s shares to Etisalt for 900 million US dollars. it was mysteriously absent in the MoU. BSNL has never entered into Intra Circle Roaming deal with any operator till date. The BSNL was forced to sign this deal. The Intra Circle Roaming deal signed with the Swan is literally silent on the finance part. Nothing happened.Raja’s favoritsm towards the Swan was exposed in the unprecedented deal with the state owned BSNL. the Swan can use the spectrum. The deal literally helped the Swan to pocket huge money. ‘The Limited MoU’ described by him is a day light robbery of public assets. On September 13. Even a Congress MP Dharam Pal 105 . communication towers and the entire network of BSNL.

But the current developments show that the auction may not take place during the tenure of this government. no action was taken. Raja kept saying he had the concurrence of Prime Minister. after the intervention of Cabinet Secretary. According to the letter wrote to Prime Minister by the CPI (M) politburo member Sitaram Yechury in February 2008. Now the question hangs fire is who authorized Raja to announce the auction dates in advance. Though aware of Raja’s daylight robbery in every stage. At present Raja is eager to allot 3G (Third Generation) spectrum before his tenure. when more than 575 real estate companies and stock broking firms approached the telecom ministry for spectrum license. who suggested ‘thorough study’. and shifted to January 30 and now deferred indefinitely. But his attempts were foiled after the Government had decided to refer the 3G auction to Group of Ministers (GoM). before getting Cabinet clearance. clearly warns the ‘scam in the offing’. Raja blatantly lied to the Parliament that his action on 2Gspectrum allocation was never objected by TRAI or Finance Ministry.Sabharwal wrote to Prime Minister on this controversial incident on November 2008. Even after misleading the Parliament. the 106 . The auction was earlier scheduled on January 16.

Ignore Pranajoy Guha Thakurta’s tripe about “not being much a party to the 2G scam. 2G scam India: How it impacts national security? This is a rather detailed and longish post on Rajeev’s blog. leaving all the party leaders. while they were all in the meeting with Prime Minister. I can only agree to the systematic loot. his political patriarch Tamil Nadu Chief Minister M. According to them Karunanidhi asked Congress ‘help’ in sharing the burden of spectrum scam. After the meeting Karunanidhi held a press conference and claimed that he had discussed the Sri Lankan issue with Prime Minister and Sonia Gandhi.R. Karunanidhi met Sonia Gandhi along with his daughter Kanimozhi. On December 4. then why are they not allowed to participate in the talks with Sonia Gandhi. 107 . kept the Prime Minister Manmohan Singh to sit in the gallery as a mute spectator. The delegation met the Prime Minister at 10 am.Karunanidhi lands in Delhi and kept Singh silent by dashing into Madam Sonia’s 10 Janpath.compulsions of coalition politics. Skeptic Tamil leaders ask. Karuanidhi landed in Delhi with a multi-party delegation to raise the issue of the ‘plight’ of Sri Lankan Tamils.Baalu was asked to leave after the photo session. Even his close confident and Union Minister T. He is some sort of a journalist and for all practical purposes a permanent fixture on NDTV. As and when he summons Raja. After an hour.

raising the shock threshold every time.He is not expected to “rise up to the situation” barkhagate seems to be become a popular trending topic on Twitter. Another day. At best. It does not matter whether it trends on Twitter or gets a mention in the mainstream media. This by and large explains the current state of Indian populace. Easy isn’t it? Staff it with pathetic run of the mill assholes. When it comes to standing up for the rights or out in voting. Greatbong has a good write up on this loot. This has also laid bare TRAI’s role as an ineffectual regulator. Lots of anonymous idiots love to hate Barkha Dutt. that’s really all you can do. another year. Cause. they can only vent their “anger” online. honestly. that public memory is really short. Which means that in this current fiasco. it would not be instructive to preach or lecture on the pathetic reach of broadband. Fire up your rage within 140 characters. Most of have become so callous with such oddities. another scam and this too shall pass. For all practical purposes. Try make it funny and pray for re-tweets. feed them with public money and let 108 . And all the more I agree with what he writes: And so my friends it will continue. one wave of corruption followed by yet another larger wave. they would all scatter away. It can mean only one thing.

The companies make hay while the sun shines and you as idiotic customers pay (or rather) subsidize for their “expenditure”. nothing gets mentioned or ‘intelligent submissions’ are ignored.them occasionally bark (for regulations). With media in the pocket . Why on earth don’t we even feel outraged at all this? FOODGRAIN 109 . While we re-elect the same jewels of scams back in power. The real power stays in Department of Telecom and the whims and fancies of chosen few while they swindle the public money.

former Uttar Pradesh chief minister Mulayam Singh Yadav too said he was not to blame. had initiated action in the scam. "I initiated action against 63 persons for their involvement. Mulayam on Tuesday claimed that he. worth over Rs 3. UP foodgrain scam to come under ED scanner: The Enforcement Directorate has decided to probe money laundering charges and foreign exchange violations in the 110 . But the grains were clandestinely sold off to traders in Nepal and Bangladesh. happened between 2003 and 2007. The foodgrains were meant for BPL card-holders and were to be distributed through the Food for Work scheme.000 crore. as chief minister." he said in Delhi. After a PIL.Multi-crore foodgrain scam rocks UP: Thousands of tonnes of foodgrains meant for the poor in Uttar Pradesh have been siphoned off and exported to neighbouring countries. While Union Agriculture Minister Sharad Pawar said the Centre had no role to play. The scam has sparked off blame game between the Centre and Uttar Pradesh. the Allahabad High Court had last week ordered a CBI inquiry into the scam. allegedly in collusion with bureaucrats and politicians. The scam.

Mayawatyi Government assumed office and recommended a CBI probe into the food grain scam in 2007. "Our job here is to procure food and send to state. Food and Agriculture Minister Sharad Pawar ays. that's a positive step. 111 . were smuggled out to countries like Bangladesh and Nepal. Lakhimpur and Sitapur but also with regard to Varanasi. the CBI has now been directed by the Court to proceed with further enquiry not only with regard to Ballia. meant for distribution for the poor. And he himself forced to withdraw the enquiry because of pressure from his own party members. it is up to the state after that to ensure it reaches people. Mulayam Singh and Mayawati are now blaming each other for the multi-crore scam. Gonda and Lucknow districts. Food grains worth 35. I have heard that UP government has said it will take action.000 crore rupees. The Lucknow bench of the Allahabad High Court has ordered the CBI to complete its inquiry and submit its report within 3 to 4 months." UP food scam came to light in 2004 for the first time when Mulayam Singh was the Chief Minister. Mulayam claims he ordered the CBI probe. "I was the one to expose the scam and i ordered an inquiry into the scam.multi-crore Uttar Pradesh foodgrain scam." ED will also look into possible contraventions of Foreign Exchange Management Act (FEMA). However.

estimated to be around Rs 35. Pakistan. Bangladesh. at least by the headcount involved.000 private entities and may require 5.000 private entities and has cost the exchequer a staggering 35000 crores so far. ever. South Africa and Bhutan. It involves over 450 Class-I government officials and another 800 middle and lower rung subordinates apart from some 10. is so widespread that it will require approximately 5000 FIRs to cover it in totality. It spreads across five countries including Nepal. apart from a total of 34 of the 71 districts in Uttar Pradesh.000 crore as of now. the 'foodgrain scam' titled so because of the misuse of the public distribution system. The foodgrain scam of Uttar Pradesh has emerged as a strong contender for the dubious title of "the mother of all scams" unearthed in India.000 FIRs to cover the scam in totality. A spokesperson of the ED on Tuesday 112 . If not the amount of money involved. It involves over 450 class-I government officials and another 800 middle and lower rung subordinates apart from some 10. This probably explains why the high court also directed the CBI to seek help from the enforcement directorate (ED) as well to pin the accused who may be scattered across the country and abroad.Foodgrains scam: Mother of all scams in IndiaThe latest in an unending list. but the petitioner sees it to be over Rs 2 lakh crore.

lodged as many as 63 FIRs against over 6. The scam also 113 . The net worth of foodgrain siphoned off between 2001 and 2005 in Gonda alone was estimated to be over Rs 457 crore. This included 21 government officials of the post of sub-divisional magistrates (SDMs). Antyodaya Yojana and Mid-day Meal Scheme — being sold off to private entities while in the government records. The scam comprised sale of foodgrain meant for the public distribution system and other special schemes for those below poverty line (BPL) — Sampoorna Gramin Rozgar Yojana (now integrated with NERGS). district supply officers (DSOs) and the likes.000 accused when the case was transferred to the special investigation team (SIT) on the orders of chief minister Mayawati on August 11. The scam has been already detected in at least 34 districts and another twenty were in focus. the stocks were shown as "distributed" among the target populace. On November 3.confirmed that the department has been roped in to participate in the probe. 2007. If you think the figures are exaggerated. it found a total of 175 persons listed as accused including 18 officers of the state civil services cadre. when the CBI took up the nine FIRs lodged in Ballia and Lakhimpur Kheri. then sample this: the food cell of Uttar Pradesh Police while probing the anomalies related with the foodgrain scam in Sitapur alone. 2008.

Later a probe by the then sub-divisional magistrate (SDM) revealed that out of the 18 trucks of wheat transported. only one reached the second store while the rest went missing. It was this scam that led to the collapse of the public distribution system in as many as 23 districts of the state by 2005 as not a single grain of wheat was lifted from Food Corporation of India godowns of these districts for 114 . Though the scam came to light in 2005 itself. The entire scandal was so blatantly executed that the numbers of trucks shown to have picked up the stocks from railway dumps to move them to the state food corporation (SFC) godowns were found to be those of scooters and motorcycles.200 quintals in all while being transported from the SFC godown in Shahjahanpur to its second store in Jammaur area of the same district on July 07. those behind the crime were so confident of their connections that they did not stop draining the state exchequer even thereafter. 2006. What brings out this brazenness the best is the mysterious disappearance of 17 trucks of wheat weighing around 3. Similar pilferage was detected in Rae Bareli and Balrampur districts as well.included procurement of the same wheat in the name of stocks under the special schemes and again selling it off in the black market to be sold even abroad.

four piled high with foodgrain had already reached its destination.distribution under the BPL and Antyodya schemes for December 2004. while talking to TOI on Tuesday. Out of the 122 rakes booked from Sultanpur railway station. Records available with the railways show that a total of 122 rail rakes were booked from Sultanpur and 16 from Akbarpur railway station by a Kolkata-based company for export of foodgrain to Bangladesh. The railways in Uttar Pradesh too pointed towards some glaring anomalies in transportation of grain to Bangladesh during 2004-2005 after it came across improper export indents and cancelled bookings for a total of 135 rail rakes to transport wheat to Bangladesh. "Things are so bad that the state government will require a separate prison or two to house the foodgrain scandal accused if the investigators decided to carry out all the arrests. 115 . Each rake comprises 40 wagons with each wagon having a carrying capacity of 220 tonnes of foodgrain. associated with the investigations into the case. Darshna in Bangladesh and the rest were to follow when the railway authorities detected use of improper export indents in registration of rail rakes. These anomalies comprised unsigned forwarding notes. demand being registered for "self" and the likes." said a senior officer.

R. The case examines how the CRB group was able to defraud the investors and the regulatory authorities with ease. The role of RBI and SBI is also explored." 116 . financial scams in India "Every single drop of my blood is for the depositors.Chain Roop Bhansali Abstract: The case 'The CRB Scam' is intended to give a detailed insight into the frauds committed by the CRB group of companies. Issues: » C R B Group. The case is so structured as to enable students to understand the way the CRB group of companies defrauded the investors. SEBI. Bhansali. C. The case is designed to expose students to the nature and extent of scams in the financial sector and the modus operandi to study the role and responsibilities of the regulatory authorities in the Indian financial sector and a critical evaluation of their performance to study the consequences of the scam.

Chain Roop Bhansali in 1997. the head of the CRB Group of companies to arrive. one each in Chennai and Ahmadabad and two places each in Calcutta. The Central Bureau of Investigation (CBI) locked and sealed the offices of the CRB Group and arrested six persons. They were waiting for Chain Roop Bhansali (Bhansali). Most top officials of CRB were untraceable from the second week of May itself. Jhunjunu. The CBI froze the bank accounts of the group companies and seized incriminating files and other documents from the residence of the vicepresident of the CRB group in Mumbai. including four directors (two from Bikaner and two from Mumbai) of the satellite companies of the group.. the CBI sought Interpol's assistance to trace his whereabouts. 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. frustrated and scared people stood outside the Reserve Bank of India's (RBI) Mumbai headquarters under the scorching sun. 1997 . three in New Delhi. RBI 117 . The CBI also conducted simultaneous searches at 16 places in Mumbai. The Doomed Depositors: May 18. Following rumors that Bhansali had fled India and was hiding in Hong Kong or Canada. Sujangarh and Bikaner.hundreds of angry. a financial controller in Mumbai and a relative and close associate of Bhansali in Delhi.

However. Though it was not signed by him. CRB 118 . After obtaining a degree in commerce. Bhansali was a studious person. The order prohibited CRB from selling. It added that the company was facing tremendous problems with payments to fixed depositors. The Man and the Mess: Born in a jute trader's house in Calcutta. transferring. Bhansali completed Chartered Accountancy in 1980. In response. before it becomes unmanageable. Bhansali did not show up. Bhansali sent a letter to the RBI. he started a financial consultancy firm. The letter further said that 'we have. mortgaging or dealing in any manner with its assets and from accepting public deposits. the CRB Group collapsed.' 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.filed a winding-up petition claiming that the continuance of the CRB Group was not in the interest of the public and depositors. shattering the dreams of thousands of investors across the country. also expressed that in view of the precarious situation which is fast going out of our control. With the expiry of the RBI deadline. In the same year. our case should be considered sympathetically. the letter said that the RBI order had led to the deterioration of the company's financial position.

He then moved to New Delhi to join one of the country's leading registrars of companies. Through Bhansali's personal contacts. CRB Consultancy soon managed to secure the business of providing issue management services to a few well-known companies in Calcutta. Bhansali acquired other degrees as well including ACS. leasing and hire purchase. Bhansali found it difficult to find recognition in Calcutta. international finance and forex operations. However when Bhansali was caught shortcharging the registrar's clients. Though he made a lot of money. The company offered various services including merchant banking. Bhansali then established 'CRB Consultants. mutual funds and asset management. In 1992.Consultancy. Ph. the name of the company was changed to CRB Capital Markets (CRB Caps) and it was converted into a public limited company. The company raised over Rs 176 crore from the public by January 1995. Excerpts The Modus Operandi: 119 .D. bill discounting and corporate funds management..' a private limited company in New Delhi in 1985. MIIA (US) and a diploma in Journalism. The A+ rating given by CARE and upfront cash incentives of 7-10% attracted investors in hordes to Bhansali's schemes. fixed deposit and resources mobilization. Over the years. CRB Caps was also very active in stock-broking having a card both on the BSE and the NSE... he had to leave.

He registered companies with practically no equity and then stage-managed the dummy company's maiden public issue with a few hundred investors. He had established good contacts in the Registrar of Companies and the Controller of Capital Issues offices. largely from Calcutta's close knit Marwari Jain community. The payment warrants could be presented at any of the 4. CRB Caps opened a current account in SBI's main Mumbai branch. Secondly. Bhansali then sold it for a profit to businessmen who needed dummy public limited companies in a hurry. He used to sell these dummy companies to buyers.. He was 120 . he bought his own stock through private finance companies owned by him. He capitalized on the 1985 boom in leasing companies to become cash rich. Firstly. Bhansali was granted only a current account facility and did not enjoy any overdraft facility. for payment of interest. Having had a company listed on the stock exchange. he used his other public companies to buy into each other as cross-holdings. However. Defrauding the SBI: In May 1996..000 SBI branches for payment. dividend and redemption cheques. Bhansali used his own money to rig share prices in order to raise more money from the markets in two ways.Bhansali was reported to have specialized in setting up dummy investment companies.

. However. The lack of clear communication channels between the banks. SBI realized that the account had been overdrawn to the extent of a few crores. Claming 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 Systemic Rot: The collapse of the CRB group seemed to be a fraud allowed by supervisors despite the regulations in place. Bhansali was called to the SBI office and asked to remit the difference immediately. which he promptly did. For about nine months. 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.expected to deposit cash upfront into the current account. the setup worked very well.. The bank further claimed that the powers were granted only 121 . 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. in March 1997. RBI and the government seemed to have worked to Bhansali's advantage to a great extent. along with a list of payments that had to be honored. the branches gradually began treating these instruments just like a demand draft.

media reports were quick to refute RBI's claims. However.. which was its NAV as of 31 March 1998. In October 1998. Besides...95 per unit. the SEBI appointed an administrator for CRB's Arihant scheme finalized a scheme for payment to the unitholders. 122 . the investors were prematurely paid Rs 4. The bank also stated that it had begun to examine the liabilities and not the assets. The government asked the RBI to prepare a panel of auditors asking to explore the possibility of making auditing of NBFCs a prerequisite to registration. the assets of the scheme comprised the fund's frozen bank accounts worth Rs 81 lakh.. plus some dividends from investments. there were a large number of listed (but thinly traded) and unlisted shares amounting to Rs 17.in March 1997. Under the scheme. the finance minister criticized the regulator severely. the Union finance ministry held a meeting everyday to get to the brasstacks of the CRB fiasco. when the RBI Act of 1934 was amended to include specific provisions for the purpose. When the administrator had taken over.5 crore. The Aftermath: The CRB scam took the whole nation by storm. At one point. In a meeting with SEBI.

@Rs.1.750 crores Less: Total construction cost Rs.CWG scam CWG scam of Rs.ft.ft.1.750 crores • Net gift/benefit from Govt.ft. • DDA’s contribution/payment to EMAAR MGF – • Cash paid Rs.350 crores Add: Cash payment by DDA Rs. • EMAAR MGF 6. (maximum) Rs.97 lac sq.44 lac sq.766.97 lac sq.400 crores • Constructed area/flat available for sale to • DDA 13.89 crores • Gift of constructed area/flat 6. 400 crores Rs.91.1. • Sale price/market value of constructed area/ Flat (EMAAR’s share) – 6. 767 crores 123 . of India/DDA to EMAAR MGF – Sale price/market value of constructed Flats Rs. Rs.ft. 2.000/sq.ft. • Total construction cost @ Rs.ft.25.ft.97 lac sq.525 sq.2000/sq.100 crore gift EMAAR MGF contract with GoI/DDA for CWG village • Total construction 20.

There are reports of water seepage in the boxing stadium. The brand new shooting range was inaugurated in May. new vinyl flooring is already peeling. including the Jawaharlal Nehru Stadium (track and field) and the swimming complex will not be ready by the August 1 deadline.117 crores Commonwealth Games 2010. At the table tennis facility. Trial weightlifting and swimming events had to be canceled. At the weightlifting site.Net benefit to EMAAR MGF Rs. a false ceiling collapsed. but embankments have collapsed. Consider this: • Most sporting venues.2. Or Scam? With the 2010 Commonwealth Games in Delhi just 70 days away. because the sites were not ready. the abysmal state of preparedness is nothing less than shocking. but got flooded. • • • • • • 124 . The swimming stadium was inaugurated a few days back. Delhi: National Shame.

000 crores! Isn’t that a mind-boggling sum? So who will foot the bill? 125 . Mr. At Khan Market. which means nothing.” and “these things happen even at your house. Bhanot – but not within days of being built!! The shoddy execution is accompanied by huge cost overruns. later revised to Rs 10. their excuse is “inadequate labour force”. the Secretary General of the organizing committee is quoted in the Wall Street Journal as saying.900 crores. Mr. brand new granite pavements were too slippery and have been dug up again! Subways at Connaught Place cannot be finished on time. Reports suggest that the cost of sports infrastructure has gone up by a factor of more than 20x. and will now be hurried through (read higher costs and less choice!). City infrastructure costs have also ballooned. Incidentally.• The bidding process for catering was canceled. Not even a third of the 34 towers ITDC had to furnish in the Games Village are complete. “some false ceiling has fallen down.000 crores. The original estimate was around Rs 1. and will be boarded up. • • • To top it all.” Maybe. Lalit Bhanot. Recent independent estimates now suggest it will exceed Rs 30.

Money that could have been spent on more deserving schemes are being diverted. Directly and indirectly. Obviously then. NTPC and Air India are among the large sponsors that have made commitments so far. and at least recover the money spent on the Games (excluding public infrastructure). has been used to pay for the CWG. including Coca-Cola. recently. Victoria Pendleton and Usain Bolt. given the risk of bad publicity and the recent withdrawal of big-name athletes like Chris Hoy. An RTI application found that about Rs 265 crores from the ‘Scheduled Caste Sub Plan’ for Delhi.Government officials claim that sponsorships will help ensure record revenues. Reebok and Hero Honda. the Indian Railways. So far only a handful of large consumer brands have signed up. citizens of Delhi and the rest of India (you and me) will end up footing the bill. the government and its various arms will foot the bill. An independent 126 .000 poor slum-dwellers have been evicted (with more likely). More than 100. Many sponsors are shying away. and said that they might classify these expenses under their CSR investments! Reportedly. Given this bleak situation. the government has “urged” public sector units to shell out.

The 2010 Commonwealth Games: Whose Wealth? Whose Commons? is an eye-opener. to showcase our great economy and management skills. and a majority of kids are malnourished. So then why? The answer lies in the whopping Rs 30. Why are we doing this? Ostensibly. But all we have done is to make ourselves a laughing stock.000 crore expenditure. Officials and political patrons make money on bribes from contractors. we all know why costs have bloated and stadiums are collapsing. Very few such sporting events make money. Material suppliers hoard construction materials and make a killing as we desperately race to the deadline. Then they make more money citing over-runs and repairs. When one-third of our population lives below the poverty line. who win bids at the “lowest” price and then earn super profits by compromising on quality. While nobody will officially say this. and most end up bankrupting host cities or nations – even when costs are better controlled.report. uneducated 127 . There’s little chance that we can come anywhere near China’s 2008 Olympics or South Africa’s 2010 FIFA World Cup.

Event Knowledge Services. Top bosses of the Commonwealth Games Federation (CGF) and the Organizing Committee have come under the government's scanner with the Enforcement Directorate (ED) sending notices to the Royal Bank of Scotland in London and to its Indian representative for providing all transaction details of payments made by the OC. Fast Track Sales Ltd. Preliminary findings of the probe carried out by the Comptroller and Auditor General (CAG) had revealed that undue favour had been shown to London-based Fast Track Sales Ltd "solely on the recommendation" of CGF president Mike Fennell and OC chairman Suresh Kalmadi.and lack access to healthcare – this is not just shameful. who questioned sacked Kalmadi aide T S Darbari 128 . The ED investigation is now focused on trailing the ultimate beneficiaries of the payments made to four major CWG consultants . But nobody will be indicted or arrested or tried. but criminal. Sports Marketing And Management (SMAM) and AM Films. That is the way it works – too many important people are making too much money. ED officials.

may also call suspended OC finance committee head M Jeychandren for questioning in the next few days. including agreement in 129 . the day the Games conclude. The OC had signed agreements to the tune of Rs 208 crore ($46 million) with different agencies. Sources said Kalmadi may not be called for questioning till October 13. Besides Darbari. ED has already questioned former OC deputy DG Sanjay Mohindroo for transactions related to AM Films. But efforts will be made to investigate all leads based on payments made so far to all foreign consultants by the OC. The OC had approved the international broadcasting sales consultancy to Fast Track Sales Ltd "only on the basis of suggestions made by the president and CEO of the Commonwealth Games Federation (CGF) and chairman of the OC. They are expected to seek details on payments made to all foreign consultants.a few days ago on the payments made to little-known London firm AM Films." according to documentary evidence gathered by CAG officials during the initial inspection of CWG books.

" Hooper said adding that having awarded the Games to Delhi. The latter had received Rs 380 crore "facilitation fee" in the IPL-Gate and is still under 130 . The OC secretary general. Lalit Bhanot. it is for the OC to decide who it wants to appoint for any outsourced role. but it was ultimately for the OC to select consultants for the New Delhi CWG. "Although the CGF supported the appointment of Fast Track. The commission to Fast Track on these broadcast rights was 15%. has defended the award of the contract to Fast Track saying it was a well thought out decision as they did not want all works to go to SMAM. ED is probing linkages of SMAM with the Mauritius-based World Sports Group (WSG).process amounting to over $3 million with British Broadcasting Corporation (BBC) for the broadcasting rights in UK. it strongly refutes any inference that it interfered in the selection process. In a statement issued on Thursday. Commonwealth Games Federation CEO Mike Hooper also defended the decision of the CGF president in recommending Fast Track saying that though the federation did make this suggestion.

000 crores enters the parliament discussions: The commonwealth games scam was the topic of the heated arguments between the opposition and the government this Friday which had many eminent parliamentarians commenting on the sorry state of affairs and demanding the prime minister’s instant explanation for the sheer loot of the budget decided in favor of the games tarnishing the nation image internationally.scanner of multiple agencies in India. SMAM was also the agency that was hired by the Kalmadi-led OC for the Youth Games in Pune in 2008. The other consultancy firm to whom payments have been made is the Swiss headquartered EKS that was hired by the CWG organisers to provide knowhow on the conduct of the Games. The state of affairs took a drastic turn when the sports minister S Jaipal Reddy tried to speak and answer the 131 . The MPs of the opposition party demanded a debate to be organized keeping in mind the adjournment motion along with an investigation led by the joint parliamentary committee to probe the truth of the accusations regarding corruption in the CWG 2010. CWG 2010 scam of 100.

As the situation was out of control.allegations but was instantly stopped by the constant disturbance from the opposition ministers who left no stone unturned to intervene in his speech. The section surveys the rationale for regulation of 132 . The member of janata dal and BJP party solemnly united to accuse the present government of silently watching and encouraging the corruption proceedings of the CWG for which they demanded to seek the reply from the prime minister of the nation. the speaker was forced to adjourn the house proceedings till 2p Financial Market Regulation-Security Scams in India with historical evidence and the role of corporate governance The objectives of this study are: a) To examine some of the major misdemeanors which perpetuated in the financial system in 1991 and 2001 in India. It also contains a summary of the events that occurred leading to the share scams and financial frauds in India and abroad during the recent decade that shook the financial markets. b) Understand the financial regulatory measures which have been adopted after the 1991 share scam in India and why despite such measures adopted security scam has recurred in 2001.

it results in a domino effect. monopolizing in the transaction of a security." While understanding the causes or possible mechanisms by which a security scam takes places we can on a parallel plane understand the motives for financial market regulation otherwise called the economics of financial market regulation.securities markets and the functional procedures adopted in India in the aftermath of the scams. which could create problems for other banks and brokers in the system. Security Scam: IntroductionA security scam has the following features: a)manipulation in share prices. practice or course of action which operates or would operate as a fraud or deceit upon nay person in connection with the purchase or sale of a security. If so. There is a certain systemic risk involved if brokers or banks get into settlement problems during the process of transacting in securities. b) monopoly in dealing with a huge number of shares of a company.5 According to the Securities Exchange Act(1934)SEA-"It shall be unlawful for any person to engage in any act. Also insider trading is another problem when 133 . A systemic risk also can occur when there is not enough liquidity in the system due to very few brokers. c)money laundering-borrowing money to trade in securities but using the funds for unconnected purposes.

000 crores. later called the securities scam. the stock prices dropped by over 40%. 100. The normal settlement process in 134 . Investigations uncovered the tip of an iceberg. brokers and other market participants. Soon after the discovery of the scam. wiping out market value to the tune of Rs. The tainted shares were worthless as they could not be sold. Security Scam In India-1991 In April 1992.traders who are insiders to an organization trade when they have superior knowledge which is considered unfair and an extension of asymmetric information. There is also a consumer protection to ensure that the price formation process is efficient as possible and also to ensure sufficient competition among traders. involving misappropriation of funds to the tune of over Rs. press reports indicated that there was a shortfall in the Government Securities held by the State Bank of India. foreign banks and financial institutions. bureaucrats and politicians: The functioning of the money market and the stock market was thrown in disarray. The scam engulfed top executives of large nationalized banks. This created a panic among investors and brokers and led to a prolonged closure of the stock exchanges along with a precipitous drop in the price of shares. 3500 Crores8. Also concentration tendencies of traders towards dealing in one security only should be avoided. brokers.

government securities was that the transacting banks made payments and delivered the securities directly to each other. however. the broker came in handy. the banks or at least some banks adopted an alternative settlement process similar to settlement of stock market transactions. They in a sense imparted greater liquidity to the markets. There were two important reasons why the broker intermediated settlement began to be used in the government securities markets: • The brokers instead of merely bringing buyers and sellers together started taking positions in the market. During the scam. The broker provided contract notes for this purpose with fictitious counterparties. • When a bank wanted to conceal the fact that it was doing an Ready Forward deal. but arranged for the actual settlement to take place with the correct counterparty. This allowed the broker to lay his hands on the cheque as it went from one bank to another through him. The deliveries of securities and payments were made through the broker. Three routes adopted for this purpose were: • Some banks (or rather their officials) were persuaded to part with cheques without actually receiving securities in 135 . The broker's only function was to bring the buyer and seller together. What was necessary now was to find a way of eliminating the security itself.

A simple explanation of this is that the officials concerned were bribed and/or negligent. the banks benefited from such an arrangement. Security Scam in India-2001 In Spite of the recommendations made by the Janakiraman Committee Report in 1992 to prevent security scams from happening in the future another security market took place in 2001. as long as the scam lasted. PSU bonds were represented only by allotment letters rather than certificates on security paper. SEBI and DCA(Department Of Company affairs) had gone slack in their regulatory operations.During 136 . He manipulated a large amount of funds in the capital market though a number of his own companies whichis probably why the scam remained a mystery for quite some time the RBI. The management of banks might have been sorely tempted to adopt this route to higher profitability. • The second route was to replace the actual securities by a worthless piece of paper – a fake 10Bank Receipt (BR). In many cases. Alternatively. This involved the actions of one major player by the name of Ketan Parekh. • The third method was simply to forge the securities themselves. A BR like an IOU has only the borrower's assurance that the borrower has the securities which can/will be delivered if/when the need arises.return.

institutions or authorities in respect of such transactions. Essel Group. stock exchanges. To make recommendations for safeguards and improvements in the system to prevent reoccurrence of such failures. financial institutions. To identify the misuse. Adani Group. if any. relating to shares and other financial instruments and the role of banks. corporate entities and regulatory authorities. of and failures/inadequacies in the control and the supervisory mechanisms. OCB's (Overseas Commercial Borrowings). In fact an important extension of this scam remains the Unit Trust Of India Scam. 137 . brokers and promoters.1999 and 2000 the SENSEX reached a high and after than the stock market crashed in 2001.Some of the major companies he invested in were 11Nirma. 3. 2.Banks and Mutual Funds(Unit Trust Of India). including insiders trading. Security Market Scam of 2001:Joint Parliamentary Committee (JPC) Report: The terms of reference of the Committee were as follows:— 1. 4. To fix the responsibility of the persons. To go into the irregularities and manipulations in all their ramifications in all transactions.DSQ and Zee Cadila.Ketan Parekh manipulated the stock market through FII's (Foreign Institutional Investors).

To suggest deterrent measures against those found guilty of violating the regulations.00 28. Table 6:Amount payable by Ketan Parekh's Entities to banks and Companies during security scam of 2001 in India: Name of the entity Madhavpura Mercantile Cooperative bank HFCL Essel Group Adani Group DSQ Group Shonkh Technologies Kopran Global Trust Bank ICICI Bank/Centurion/Bank of Punjab. in crore) approx 888.00 132.5.00 550.00 450.00 480.00 267. etc OCBS (delivery of shares not given and sale proceeds not paid) Total 3323 Amount (Rs.00 66. 6.00 75.00 37.00 138 . To suggest measures to protect small investors.

its managers increasingly invested in equities. There is a larger lesson in the US-64 debacle for policies towards public savings and public sector undertakings (PSUs). US-64 was launched as a steady income fund.UTI Scam Of all the recent encounters of the Indian public with the much-celebrated forces of the market. 20. with high- 139 . This has tragically led to suicides by investors. Logically.000 crores in savings. The US-64 crisis is rooted in plain mismanagement. which wiped out Rs. 13The debacle is part of the recent economic slowdown which has eliminated one million jobs and also burst the information technology (IT) bubble. And then suspension of trading in US-64made the hapless investors more dejected at the sinking of this "super-safe" public sector instrument that had delivered a regular return since 1964. Its gravity far exceeds the stock market downswing of the mid-1990s. the Unit Trust’s US-64 debacle is the worst12. Instead. it should have invested in debt. especially low-risk fixed-income government bonds.

3.10). According to insiders. such as Himachal Futuristic. These "technology" investments took place despite indications that the "technology boom" had ended. the Finance Ministry became desperate to reverse the post-Budget market downturn. US-64’s net asset value plunged below par (Rs. and made to invest in certain favoured scrips. But it was repurchasing US-64 above Rs. Global Tele and DSQ. In the past couple of years. By the mid-1990s.In the late 1980s UTI was "politicised" with other financial institutions (FIs) such as LIC and GIC. The FIs were also used to "boost the market" artificially as an "endorsement" of controversial economic policies. This eroded by 60 percent. 30. Indeed. 8. equities exceeded debt in its portfolio. collusion between the FIs.a massive loss for 13 million unit-holders. its NAV stands at Rs. the Finance Ministry substantially influenced them: all major decisions need high-level political approval. and shady operators like Harshad Mehta. US-64 lost half its Rs.riskspeculative returns.30 . UTI made downright imprudent but heavy investments in stocks from Ketan Parekh’s favourite K-10 portfolio.000 crore portfolio value within a year. was central to the Securities Scam of 1992.400 crores in just six out of a portfolio of 44 scrips. In recent months. UTI’s misinvestment now 140 . UTI sank Rs. 14! Today. The Joint Parliamentary Committee’s report documents this.It is inconceivable that UTI made these fateful investment decisions on its own. Early this year.

and until recently wellmanaged. then we should not allow the most precious of such savings . wants to get rid of its annual pension obligation of Rs. institution like UTI cannot safeguard public savings. This should have ensured the Finance Minister’s exit in any democracy which respects parliamentary norms.coincided with the global technology "meltdown. There are larger lessons in the UTI debacle. extremely volatile. is not just a UTI scam. 22. especially since 1999. there is a proposal by the Finance Ministry to privatize pensions and provident funds. the government." US-64 crashed.pensions .to be put at risk. The Ministry has kept a close watch on UTI. Basically. It is a governance scam involving mismanagement by a government frustrated at the failure of its macroeconomic calculations. stock market — where a dozen brokers control 90 percent of trade. then. Financial Market Regulation (Rationale): The nature of securities markets is such that they are inherently susceptible to failures due to the existence of information asymmetries and existence of high transaction 141 .000 crores. deplorably. UTI chairman resigned. If a well-established. the argument acquires greater force given the poorly regulated. Although culpable. he was probably a scapegoat too. Yet. Such risky investment is banned in many self avowedly capitalist European economies.The US-64 debacle. In India.

the system of transactions and the participants in the market. When there is so much scope for failure and opportunism. (d) in any securities market in any transaction or deal there are at least four participants. as follows: (a) the commodity(the security)has a life to perpetuity. barriers to entry of membership. (b) while the outcome of the contract say the redemption of debt is certain. it is not always so in the case of a private debt instrument. hence uncertainty comes into focus. there appears to be substantial ground for 142 . in the case of the government. here the problem of information comes into focus. its quality. two clients and two brokers. It needs to be emphasized that when securities markets come into existence. The brokers negotiate deals with each other on behalf of their clients and thus the problem of transaction cost comes into focus. it is the trust reposed on the trader or the issuer that is the decisive factor. The distinctive nature of the market can be observed with reference to the commodity. listing agreements.costs Sanyal (1997). However the investors/clients who buy and sell via their brokers are not able to form an organization to safeguard their interests due to the cost of creation of such organizations and free rider problems. (c) the quality of private debt instrument is unobservable and hence. the interest of the member brokers are taken care of through margin requirements.

With the approval of respective Boards. trading in shares with money not used for their actual purpose etc. efficiency and it's very existence. the PDs should clearly lay down the broad objectives to be 143 . Primary Dealers (PD) should frame and implement suitable policy guidelines on securities transactions.2 (a) Guidelines Issued by Reserve Bank of India for the Regulation of Financial Markets 1) Management oversight. policy/operational guidelines18 – The management of a Primary Dealer should bear primary responsibility for ensuring maintenance of appropriate standards of conduct and adherence to proper procedures by the entity.SEBI(Securities Exchange Board of India) A security scam involves the manipulation of funds in the capital market which could involve the usage of funds for highly speculative purposes resulting in the monopolization of capital market. India RBI(Reserve Bank Of India). Financial Market Regulation in India: 3.prescribing an institution that oversees the market at different stages to ensure its reliability. Operational procedures and controls in relation to the day-to-day business operations should also be worked out and put in place to ensure that operations in securities are conducted in accordance with sound and acceptable business practices.

followed while undertaking transactions in securities on their own account and on behalf of clients. duly certified by its management to the effect that they are in accordance with the RBI guidelines and that they have been put in place. policy regarding dealings with brokers. procedure to be followed while putting through deals. systems for management of various risks. and adhere to prudential exposure limits. guidelines for valuation of the portfolio and the reporting systems etc. Review and Reporting Any other instructions issued from time to time The internal policy guidelines on securities transactions framed by the PD. 144 . While laying down such policy guidelines. The effectiveness of the policy and operational guidelines should be periodically evaluated. may be perused by the Statutory Auditors and commented upon as to the conformity of the guidelines with the instructions/guidelines issued by RBI. the Primary Dealers should strictly observe Reserve Bank’s instructions on the following: 1) Ready Forward deals 2) Transactions through SGL Account 3) Internal Controls/Risk Management System 4) Dealings through Brokers 5) Accounting Standards 6) Audit. clearly define the authority to put through deals.

the deficiencies pointed out in the audits and report directly to the management.e. The compliance wing should monitor the compliance on ongoing basis.2) Prohibition of short selling of securities . 4) All problem exposures where security of doubtful value. a PD should hold a oversold position in any security.Securities transactions should be separately subjected to a concurrent audit by internal/external auditors to the extent of 100% and the results of the audit should be placed before the CEO(Chief Operating Officer)/ CMD(Chief Managing Director) of the PD once every month.Even in cases where a PD has filed suit against another party for recovery.All problem exposures. the applicable legal and regulatory requirements. 3) Concurrent audit of securities transactions . if any. diminution of value to be provided for . which are not backed by any security or backed by security of doubtful value should be fully provided for. with the laid down policies and prescribed procedures. 5) Provision also for suits under litigation . under no circumstances.The Primary Dealers should not put through any sale transaction without actually holding the security in its portfolio i. 145 .

146 . as per the instructions issued by the Reserve Bank. from time to time. 7) Problem exposures to be reflected clearly in Profit and Loss Account The profit and loss account should. 8) Business through brokers and contract limits for approved brokers – A disproportionate part of the business should not be transacted through only one or a few brokers. if any. reflect the problem exposures.such exposures should be evaluated and provisions should be made to the satisfaction of auditors. PDs should ensure that the transactions entered into through individual brokers during a year normally does not exceed this limit. This limit should cover both the business initiated by a PD and the business offered/brought to the PD by a broker. as also the effect of valuation of portfolio. if any. of total transactions (both purchase and sales) entered into by a PD during a year should be treated as the aggregate upper contract limit for each of the approved brokers. 6) Claims against the PD to be taken note of and provisions made – Any claim against the PD should also be taken note of and provisions made to the satisfaction of auditors. PDs should fix aggregate contract limits for each of the approved brokers. The report of the statutory auditors should contain a certification to this effect. A limit of 5%.

on securities transactions either by directly subscribing or through secondary market with counter-party or counter-party group. The PDs will also need to take into account the fact that such securities are subject to risk weight and necessary depreciation has to be fully provided for. affecting the conditions of licensing as PD to RBI immediately. as approved by their Board of Directors. 9) Investments in and Underwriting of Shares.The PDs should report any material changes in circumstances such as change in the ownership structure. organization etc. business profile. 147 . PDs should formulate.However. the norm would not be applicable to PD’s dealings through other Primary Dealers. within the above parameters. including norms to ensure that excessive exposureagainst any single counterparty or group or product is avoided and that due attention is given to the maturity structure and the quality of such transactions. 10) Material changes in circumstances . Debentures and PSU Bonds and Investments in Units of Mutual FundsGuidelines. their own internal guidelines.

(b) indulge in any act. 2) Prohibition against Market Manipulation No person shall (a) Effect. transactions in securities. sell or otherwise deal in securities in a fraudulent manner. or enter into.Guidelines Issued by Securities and Exchange Board of India for the Regulation of Securities Markets: 1) Prohibition of certain dealings in securities a) No person shall buy. take part in. either directly or indirectly. with the intention of artificially raising or depressing the prices of securities and thereby inducing the sale or purchase of securities by any person. which is calculated to create a false or misleading appearance of trading on the securities market. 148 .

or ought reasonably to have known that the statement or information is misleading in any material particular. (d) enter into a purchase or sale of any securities. if when he makes the statement or disseminates the information(i) he does not care whether the statement or information is true or false. (e) pay. or causing fluctuations in the market price of securities19. offer or agree to pay or offer. and (b) is likely to induce the sale or purchase of securities by any other person or is likely to have the effect of increasing or depressing the market price of securities. directly or indirectly. to any person any money or money's worth for inducing another person to purchase or sell any security with the sole object of inflating.(c) indulge in any act which results in reflection of prices of securities based on transactions that are not genuine trade transactions. or (ii) he knows. 3) Prohibition of misleading statements to induce sale or purchase of securities No person shall make any statement. or cause fluctuations in the market price of securities. or disseminate any information which (a) is misleading in a material particular. 149 . depress. not intended to effect transfer of beneficial ownership but intended to operate only as a device to inflate. depressing.

or (d) any other matter of a similar nature. or practice which would operate as a fraud upon any person in connection with the purchase or sale of. the transaction for the client is to be effected only under specified conditions or in specified circumstances. whether such comments be made in public or in private.Nothing in this sub-regulation shall apply to any general comments made in good faith in regard to (a) the economic policy of the Government. (c) trends in the securities markets. pending the execution of any order of his client relating to the same security for purchase. sell or otherwise deal in securities. 4) Prohibition on unfair trade practice relating to securities No person shall (a) in the course of his business. Nothing contained in this clause shall apply where according to the clients instruction. or any other dealing in. 150 . (b) the economic situation in the country. knowingly buy. (b) on his own behalf or on behalf of any person. knowingly engage in any act. (c) intentionally and in contravention of any law for the time being in force delays the transfer of securities in the name of the transferee or the dispatch of securities or connected documents to any transferee. sale or other dealings in respect of securities. any securities.

If one trader finds difficulty in delivering the proposed security under consideration it could set a chain or reactions which could affect several other traders in the system. There are several factors which motivate financial market regulation.Individual agents take into consideration only the private cost and often forget the social cost involved in their transactions.So will be the case if banks get into settlement problems or failures. there are two assumptions 151 . or at a price other than the price at which it was offset against the transaction of another client Economics of Financial Market Regulation: This section includes the motives behind financial market regulation.(d) Indulge in falsification of the books. accounts and records (whether maintained manually or in computer or in any other form). (e) When acting as an agent. execute a transaction with a client at a price other than the price at which the transaction was executed by him. whether on a stock exchange or otherwise. One if them is the systemic risk .It could affect several other banks and traders in the system a) The Systemic Risk Motive The prime objective of most existing financial regulation and supervision is to ensure that no systemic risks will threaten the financial system. In principle.

Even though the focus of the paper is not on banking issues. The second assumption is based on the notion that if problems occur. the focus is not on banking issues but on the problems related to the securities markets. a) the settlement systems and b) the liquidity of the markets. In terms of systemic risks resulting from activities in financial markets. they “would damage the financial system to such an extent that economic activity in the wider economy would suffer. For instance. the effects on other banks and economic agents. the money supply contract and potentially results in a recession or even depression. The individual agents only take the private costs into account and any “potential social cost [or benefit] is not incorporated in the decision making” of the agents. The first assumption is the existence of a market failure. in practice the banks play such an important role in the 152 .underlying the concept of systemic risk. problems may easily spread to other agents through the settlement system. makes the payment system collapse. are not taken into account in the risk analysis of the bank or the agent. let alone the social costs of a general depression. if one trader encounters problems in delivering the securities after a trade. there are two main concerns .” The traditional example of systemic risks is when financial problems in one bank lead to a bank run which in turn undermines the confidence in the whole banking system. In this paper. In this case. often in terms of an externality.

The netting. b)Clearing and Settlement The clearing and settlement of financial securities entails several problems. Furthermore. It is difficult to imaging any economic activity.payment and therefore in the settlement of financial securities that banks and other financial intermediaries cannot be completely ignored in a discussion of securities regulation. Therefore. i. a dominating and increasing part of the daily flows in the payment system emanates form the securities markets and the payment system is a vital part of the financial infrastructure. all her counterparts could run into problems. Second. First. If the payment system would collapse all other economic activity would run into serious problems. thus spreading the financial instability.e. used in most settlement systems. 153 . if a seller of a financial security is not able to deliver. Most other activities rely on a well functioning payment system. clearing and settlement organizations have features similar to natural monopolies. If one trader is unable to fulfill her obligations. it may cause delivery problems in other transactions. have domino effects on many other traders. which does not involve payments. makes many transactions dependent on each other and therefore amplifies this problem. a disruption in the settlement of financial securities may have far reaching consequences for the entire economy.

most countries only have one settlement organization. Such risks are also present if financial problems for one agent involved in the system spread to other agents. it has even been argued that they should be governed more like public utilities than as privately held companies. As a consequence. There are however not only operational reasons for systemic risks. including stringent supervision standards. there is clearly a risk of inducing moral hazard. while the clearing and settlement organizations often fall under the jurisdiction of the general financial supervision. by imposing regulations on the clearing and settlement as well as the payment systems.There are substantial economies of scale. In any case. and thus raising the probability of systemic problems. The typical way to deal with this systemic problem is to set up different forms of prudential regulation. settlement may be difficult and the risk of major macroeconomic disturbances is not negligible. c)Market Liquidity 154 . at least for the same type of financial securities. Normally the central bank assumes responsibility of the payment system. Given the special status and importance of the clearing and settlement organizations. If such an organization would default due to technical problems or fraud. by increasing the agents’ propensity to take risks.

i. especially financial intermediaries. liquidity and liquidity.Another type of systemic risks emanates from the fact that liquidity in the securities markets has externality features.e. “sale of assets to cover funding needs may itself depress the value of other holdings. many agents. everybody gains. Thus. Thus. it may become increasingly scarce. In this sense the first requirement for a systemic risk is fulfilled. since the service provided by the liquidity supplier is available to everybody in the market. Also. are increasingly dependent on the securities markets for funding and risk management. i. As a consequence. in ways similar to what happened at the stock market crash of 1987. when and where most other investors trade. Liquidity problems in the securities markets could easily spread to the banking sector. Also. if one agent supplies more liquidity. or be impossible due to the marketliquidity crisis”. there is a substantial risk that liquidity will dry up if a crisis occurs. when liquidity is most needed. the benefits for everybody in the trading system will rise. with contagious effects for the entire banking sector. as more traders access a certain trading system. it may 155 . “Investors want three things from markets: liquidity. In a crisis the cost of supplying liquidity is likely to increase.” As a consequence. If liquidity falls it may also disappear fast. If these banks run into problems.e. most investors will prefer to trade when liquidity is as high as possible. there is a potential market failure. Thus.

including issuing. underwriting and providing back-up facilities the potential problems are increasing. this may attenuate the conflict that managers are more risk 156 . where the benefits from insider trading are larger. trading. insider trading may reduce the efficiency of corporate decisions by delaying the transmission of information within the company. if a manager wants to trade on price sensitive information before transmitting it to her superior – a phone call to her broker would suffice and this would not take more than a fewminutes. First. As banks are becoming increasingly active in securities business. Thus.jeopardize the payment system with severe effects on the entire economy. d)Insider trading Prohibiting insiders from trading when they have superior knowledge. There are four means through which insider trading could potentially harm the company. and forcing them to disclose all their trades are measures aimed at reducing the asymmetric information and restoring market confidence among market participants and the general public. insider trading may increase the individual manager’s incentives to choose high-risk projects. However. the delay story is not convincing. Thus. Second. the funding of and the risk management systems in banks have become so dependent on the securities markets that systemic risks may follow if liquidity falls. However.

The main problem is that the insider information is the property of the corporation. etc.averse than shareholders. Third. supervising disclosure requirements and enforcing obligations to include audit reports in the annual statements of companies. insider trading rules and regulations could entail establishing and verifying standards of information. prohibiting insider trading is also costly. In practice. Fourth. in order to maximize their insider trading profits and at considerable social costs. insider trading may harm the company’s reputation. The Committee had to rely on a number of reports that dealt with specific and limited subjects. by disclosure policies etc. Reliable evidence was difficult to find and took much time to cull. However. Reasons for the Reoccurrence of Security Scam in 2001 Inspite of Guidelines Issued by RBI in 1992: The Committee did not have the benefit of a report on the lines of the Janakiraman Committee Report which was made available to the previous JPC on the scam in securities and banking transactions. managers may manipulate share prices. Therefore the insider trading is primarily a contractual dilemma and could be resolved through contracts between the corporation and the user of any insider information. The 157 .

1994 to investigate the nexus between brokers and industrial houses in pursuance of the recommendation of the earlierJPC having gone defunct since May 22. the members recorded that principal obstacle in unearthing the exact role of the industrial houses in the scam was due to the scope of the Cell was limited only to Bombay region due to which investigation into the activities of the suspects outside Bombay was not within the jurisdictional authority. is one of the examples of apathy on the part of different agencies and departments concerned. in his response thereto had suggested that due to limited scope of task of the Special Cell no additional manpower was required. 1995 the DGIT (Investigation). 1995. 1995. without coming out with any tangible findings or recommendations for remedial action. Bombay. The Special Cell constituted by the Ministry of Finance in June.enquiry reports of the regulators also displayed many gaps which had to be filled by securing answers to a very large number of questions asked by the Committee. The Committee were informed by the Central Board of Direct Taxes that on May 19. Also in the minutes of the last meeting of the Special Cell held on May 22. CBDT. had sought from CBDT adequate empowerment and administrative support for the Cell in the absence of which the Cell was unlikely to reach to any firm conclusions about the role of any one or more industrial houses in comprehensive manner but the Chairman. who headed the Special Cell. 158 .

These activities went largely unnoticed. notably private and co-operative banks. but in large scale manipulations like the diversion of funds.Thus. during the precipitous fall in March 2001 the regulators showed greater concern. The effectiveness of regulations and their implementation. While the stock market was rising. the role of the regulatory bodies and the continuing decline in the banking systems have been critically examined. In contrast. stock exchanges. violation of risk norms on the stock exchanges and banks. The lack of concern of Government demonstrated in this casual approach to such an important issue is regrettable. for 159 . Certain banks. corporate entities and their promoters and managements. overseas corporate bodies and financial institutions were willing facilitators in this exercise. use of public funds by institutions like the Unit Trust of India (UTI). the Special Cell was virtually rendered a still-born baby. there was inadequate attempt to ensure that this was not due to manipulations and malpractices. Another aspect of concern has been the emergence of a practice of non-accountability in our financial system. brokers. The scam lies not in the rise and fall of prices in the stock market. fraudulent use of banks funds. and use of funds coming through overseas corporate bodies to transfer stock holdings and stock market profits out of the country. This Scam is basically the manipulation of the capital market to benefit market operators.

Registrars of Co-operative Societies. The parameters of governmental responsibility have also been taken into account. 160 . auditors and stock exchanges are responsible in varying degrees. The Committee express their concern at the way the supervisory authorities have been performing their role and the regulators have been exercising their regulatory responsibilities. perhaps corporate entities and their promoters and managements. without coming out with any tangible findings or recommendations for remedial action. financial institutions.which the regulators. That the regulatory bodies failed in exercising prudent supervision on the activities of the stock market and banking transactions. The Special Cell constituted by the Ministry of Finance in June 1994 to investigate the nexus between brokers and industrial houses in pursuance of the recommendation of the previous Committee having gone defunct since 22 May 1995. brokers. It is the considered view of the Committee that the lack of progress in implementing the recommendations of the last Joint Parliamentary Committee set up in 1992 to enquire into Irregularities in Securities and Banking Transactions emboldened wrong-doers and unscrupulous elements to indulge in financial misconduct. banks. is one of the examples of apathy on the part of different agencies and departments concerned.

became evident during the course of evidence taken by the Committee and this has been detailed in the succeeding chapters. In the Committee’s view no financial system can work efficiently even if innumerable regulations are put in place, unless there is a system of accountability, cohesion and close cooperation in the working of different agencies of the government and the regulators. In August 2001, after the freeze by UTI in US-64 unit repurchases, the Committee were additionally mandated by Parliament to enquire into UTI matters. The Committee find that weaknesses in management and regulations of stock exchanges was compounded by serious management deficiencies in the UTI and financial institutions. Mr R Janakiraman’s (Ex Deputy Governor of RBI) views on the Reoccurrence of a Security Scam in India and Corporate Governance in this regard. "New brains are out to circumvent rules in the system. Politicians and politics have a major role to play. They is a pressure in PSUs to hire every X, Y and Z and hence overstaffing and inefficiency. They have become more commercial in operations. These workers are also inefficient and have no incentive to work hard. As much as how good work is not rewarded so are mistakes not found out and corrected. While people in major banks are paid less they

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have no initiative to work hard. In order to prevent another scam from happening a more comprehensive set of guidelines have to be prepared. Master Circulars have to be made available to bankers so that they work honestly and efficiently. In India justice is so much delayed and people often fall into old ways without following guidelines."

PENALTY Here is the interesting part – Due you know what a major penalty means? A small cut in pay (from 5% to 25%), a small cut in pension or gratuity (5% to 30%) or probably temporary suspension from duty (3 to 6 months). Out of all these cases only 3-4 of them will face dismissal from service. Also, the surprising part is that all of them who are caught are just the smaller pawn – who is looking at Politicians and senior officers in the Government – They are the biggest culprits, not a single case will be ever registered against them.

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Is our government doing this enough to curb corruption? isn’t it a no brainier that far more stricter penalties should be handed to these corrupt officers.

Conclusion Findings and Recommendations The scams and financial scandals discussed here involved the manipulation of huge amounts of money. The purpose of the so called “traders” or “investors” was not genuine. The perpetrators had such a comprehensive knowledge of how the system worked that they manipulated it. It is clearly evident that the occurrence and reoccurrence of such scams and financial scandals at some point in time be attributed to a failure of corporate governance in finance and that of financial regulation. Financial Regulation is more a personal thing which involves the adherence to rules regulations and ethics by officials (management).It is more self enforced as a ethical behavior
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While this ensures a regular supply of capital and fair share of profit to investors its role does not end there. Though standard organizational theory states and includes the role that equity and debt holders have to play in influencing managers to act in the best interests of suppliers of capital it should not be forgotten that it also includes the role that creditors. diligence and sincerity of management when it comes to the adherence to rules and regulation. Also managers have the incentive to act in their own interests rather than 164 . Also they must have a concern for the welfare of shareholders (investors) and other suppliers of capital to ensure that they get a fair and regular return for their investments. owners and government in the same capacity. but financial market regulation is exercised more by an external organization either a regulatory body authorized to monitor and impose a surveillance mechanism to ensure frauds or misdemeanors are not perpetuated and so that the market functions efficiently to oversee the functions of the market participants and impose fines and other penalty for non-compliance. Shareholders and other parties find difficulty in exercising these regulations because of poor legal systems. While these mechanisms are decided by economic and legal institutions and are influenced by politics its success depends a great deal on the principles. corruption and bankruptcy.or a matter of pursuing codes of conduct without an outside agent monitoring .

Also heavy regulation induces bankers to invest in high risk ventures rather than borrowing from uninsured borrowers who have a greater incentive monitor . Entry of foreign banks should induce competition and make mangers do their job well without relying on family conglomerates and politicians. knowing to make right decisions and also knowing to choose between right and wrong. Also informational asymmetries in the system make it difficult for equity and debt holders to monitor mangers. It also induces bank mangers to act according to their own incentives and not according to value maximization. These problems can be improved by increasing private monitoring and reducing government ownership when it interferes with private monitoring. In India organization revolves around ethical behavior on part of management.the interests of equity and debt holders which could definitely affect the organization.. The opacity of banking processes should be removed and a proper information flow should ensue. It also calls for the managers to behave in the 165 . Also managers in banks should be given strong incentives to do their jobs well and their good efforts should be rewarded and mistakes corrected. They should be remunerated well. A lack of this can be attributed to the Asian Crisis and collapse of Enron.Also regulations and prohibitions of entry of foreign banks reduces competition and market pressures on managers to earn profits.

committees set up by the Confederation of Indian Industry (“CII”). the Securities and Exchange Board of India (“SEBI”). only those industrialists whose corporations are governed properly should be allowed to be a part of committees. One cannot forget the security scams in India. and the boards of large banks and financial institutions.interests of economics efficiency of the firm and shareholders. They spawned a new set of initiatives in corporate governance in the US and triggered fresh debate in the European Union as well as in Asia. By this very principle. the Department of Company Affairs. This includes the Prime Minister and Finance Minister’s advisory councils. 166 . recent scandals disturbed the otherwise placid and complacent corporate landscape in the US. The many instances of corporate misdemeanors have also shifted the emphasis on compliance with substance. ministries. Further. in a sense. Management should be made more accountable for their actions in terms of deployment of funds. and brought to sharper focus the need for intellectual honesty and integrity. proved to be serendipitous. rather than form. making decisions and also transmitting information. These scandals. This is because financial and non-financial disclosures made by any firm are only as good and honest as the people behind them.

hyd-masti.net/todaysheadlines/foodgrainsscam-mother-of-all-scams-in-india CWG scam: Kalmadi.html http://www.indiatimes.html http://mpra.Bibliography http://www.htm http://www.The Times of India http://timesofindia.org/p/wpa/wuwpfi/0506012.icmr.icmr.icfai.uni-muenchen.indiatimes.cms#ixzz18LczjBTB 167 .com/2009/02/top-scams-of-india.The Times of India http://timesofindia.org/casestudies/catalogue/Finance/FINC 021.org/casestudies/catalogue/Finance/FINC 008. Fennell under ED scanner .oneworld.com/editorial/16814.com/india/CWG-scamKalmadi-Fennell-under-EDscanner/articleshow/6302176.htm http://trak.indiadaily.ub.icfai.de/4438/ http://ideas.cms#ixzz18LbpoqIT The Times of India http://southasia.asp http://www.repec.com/india/Foodgrain-scam-Mayawati-under-pressure-toact/articleshow/7057817.in/tags/business/2009/09/29/is-this-enough-tocurb-corruption-in-india/ Food grain scam: Mayawati under pressure to act .

html 168 .commonwealthdelhi.in.http://www.com/?tag=commonwealthgames-scam http://ibnlive.com/news/how-ibn7-exposed-the-adarshsociety-scam/134082-37-64.

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