Professional Documents
Culture Documents
open and Indian financial market is flooded with all conceivable kinds of frauds, shady
transactions and corrupt practices. As long shadows of mixed economy receded from the
four decade old sky of the Indian Republic, the Indian economy is sweltering under the
heat of economic crimes. Not that economic crimes are new to human generation or
India; small fraudulent dealings were born with man and bound to continue as part of his
nature till the imbalance of supply and consumption haunts his existence. What
manifested is organised frauds to loot the public its money by clever use of the financial
environment and the innocence of the hoi polloi; ill-conceived financial rules and laws
and slack financial practices and procedures evidently failed to carry the weight of the
liberalised economy. The people who were inured to protected economy and state control
cannot easily adapt to liberalised economy where all sorts of worms and creatures creep,
waiting to make best use of the laissez-faire. Rules and laws being not tightened to meet
the challenges of the liberal atmosphere, unscrupulous elements have a field day in
playing with the public money either to intentionally defraud or experiment in risky
projects. The plans are always mega-schemes running for hundreds or thousands of
crores of rupees of the gullible public. Corruption in government and public life ease the
process. Bribes play key roles in keeping rules, laws and regulatory authorities shut. The
sounding of finance minister, Mr.P.Chaidambaram in June, 1977 after CRB scam came
to light that law enforcers must ruthlessly deal with economic offenders is too small
coming too late to have any meaning or impact on the atrophy already set-in, in Indian
economic labyrinth. The problem lies in the liberalisation process having taken-off
the public about the nuances of a liberal economy and preparing them for the risks
immanent in the system as well as strengthening the reticulation of rules, laws and law
enforcing system to handle and control economic crimes go a long way in keeping away
the extant maelstrom and making liberalisation a more relevant and meaningful direction
over-weighed with myraid rules, regulations, laws and controls. The problem of India is
their enforcement. What India needs is efficient enforcement, and not more and more
rules and laws. This is true of Indian economy also. The need is desperately felt in the
As far as preventive measures are concerned, the present rules and laws are adequate to
bring any financial operation to a standstill. Slack, inefficient and casual enforcement
process laced with corruption makes economic activities possible in India. In the
atmosphere of liberalisation where economy is less regulated and controlled with fewer
rules and laws to tie the hands and legs of the market forces, illegal activities find
avenues to surface to the detriment of the open market. Stringent enforcement of relevant
rules and laws to prevent illegal activities is the need of the hour. When preventive
machinery fails in its activities is the need of the hour. When preventive machinery fails
in its task, the investigation agency comes to the force. When preventive measures
collapse, the demands on the investigating machinery increases to bring the hors la loi to
book. Demands per se do not meet the needs of efficient investigation. Commitment to
the job is one side of the need. The other side is the skill of investigating economic
offences.
offences has to be well versed in the intricacies of financial transactions, the dynamics of
the market forces, rules and laws regulating and controlling the financial market and the
finer aspects of auditing and accounting apart from a sound analytical disposition to
interpret the data and evidences during the process of investigation. He should
minutes, contracts, balance sheets, audit reports, correspondences, records, registers and
other documents. It is a time consuming drudgery far removed from the glamour
attached to it.
A point central to both economic crimes and their investigation is the willing
cooperation and participation of several related agencies and individuals in the operation.
They call for group-work involving meeting of mind and synergy towards the main goal.
Symbiosis is the sacred hymn of the operations. Indeed, there is a main player to whose
initiative and plan, all others contribute as and when required. Other constituents in the
play necessarily include key government agencies responsible for regulating financial
activities in the country and its key officials. Large scale economic crimes need their
financial discipline and active connivance in issuing official favours against rules to ease
the passage of defrauding the public. Such constituents may include commercial banks,
the SEBI, The RBI, the Ministry of Finance, any of the three credit rating agencies of the
country, the auditors who audit the company or all of them in synergy as in the CRB
scam. Other ministries and agencies involved in activities related to financial matters
may also form part of such fraudulent operations. As CRB scam made explicit, non-
banking finance companies form the spine of such frauds on the gullible public.
Investigation of an economic crime must cover the role of these agencies, the key
officials involved and the mens rea, the quid pro quo involved etc and support each fact
with sound evidences. The work necessarily requires willing cooperation of the agencies
significance of these documents, explain the related practices, procedures, rules and laws
and provide inside information pertaining to the commission of the fraud au reste
volunteering to be witnesses to the crime. The investigators require guidance from these
experts about evidences and the course of further investigation to build up the case. This
is a formidable job that cannot be handled by one investigator and a handful of his
large dimension is constitution of a team of experts drawn from all related agencies to
investigation covers all aspects of the crime. Localised investigation leads to unfair and
partial justice. The aspect is popularly forgotten in the investigation of scams and
the fraud is a simple job that can be completed in a short duration to everybody’s
satisfaction including the clever criminals and the guillible public with only a paid front-
man sacrificed in requital to the gain of hundreds or thousands of crores of rupees. Such
unfair investigation suffers justice and financial discipline and encourage financial
institutions to connive in such frauds. The crux of the investigation of economic crimes
in tracing the end-users of the fraud and reaching the persons responsible for planning
and organising them. Rarely these investigations in Indian environment reach the depth,
nor touch the government agencies and its key officers who willingly contributed to the
fraud for gain by commissions and omissions. It is a grave Achilles’ heel of the
In an intelligently planned, organised and executed megafraud, the big fish always
remains inconnu. It is only the little or sometimes middle-sized fishes who act as the
front for the main-players are caught. It is so arranged in such frauds that all books and
records point only to the front-players; public contacts and media exposures are designed
to play up the roles of the front-players. The real players remain at the background
harmless even while the fraud comes to open. It is only a few daring players who venture
into risky financial operation with honest intensions, do so in their own names and get
caught while their venture with the public money dooms. An investigator should be
familiar with these nuances of the crime. Another aspect is the possibility of the grists
made from the fraud being tucked away or invested in some far away foreign countries.
Swiss banks are only a tip of the ice-berg. An investigation into economic crimes is
Foreign Exchange Regulations; thus FERA comes to picture, Offences under Income-tax
provisions is another side of the crime. A mega-economic crime spreads it tentacles over
different agencies au reste the investigation by the police. This leads to gratuitous waste
of time, manpower and energy by duplication of works apart from creating problems of
inter-agency coordination and inter-agency rivarly. The fear of impinging on the limits
of other agencies prevents free and concerted investigation. The result is shallow and
lies in integrated single investigation with the cooperation and active participation of the
concerned financial institutions as expert advisors in the investigation team. Only such a
holistic investigation can delve deep into the roots of the crime and unearth the truth in its
economic offences is complete without the impresario of the fraud, however deep be his
cover, is brought to book and his gains, wherever it be stacked, is unearthed. This is seld
investigators. Apart from investigation skill, they required special attributes to lead that
investigation to a successful end. For one, they must have basic knowledge and
familiarity of the goings on in the financial world to help them understand the
interpretations and the explanations of the experts in the team about the complexities and
intricacies of the financial transactions of the crime. In the absence of this basic
familiarity, the investigators may appear like fishes out of water in the maze of financial
transactions leading to the crime. These datas being often encoded and computerised for
safety by clever criminals, a splatter of knowledge of computer and software are helpful
to manage control over the process of the investigation. An essential feature for a
decentralise work, ability to trust right people, inspire confidence, draw cooperation and
ability to coordinate the works of myraid agencies involved in the investigation to guide
to the desired end. Commitment to lead the investigation to successful end and ability to
work hard are other characteristics sine qua non for the investigator.
The reason is mental fatigue. Examination of loads of documents, records and papers per
se is a tiresome and time-consuming labor. To crown it, the mental processes involved in
sifting right and relevant documents from the heap of papers, interpreting them, placing
in right perspective to the commission of the crime, assessing its value in the overall
process of the commission of the crime etc., are extremely exhausting and tiresome job.
It naturally retards the pace of the investigation and the process taking years for
completion is a common spectacle. On the other side, time is central to the investigation
multiply their res gestae several times with the passage of time, ipso facto rendering them
huge gainers in terms of monetary benefits that easily off-set the pains of trial and
conviction in court, if any. Early completion of investigation is vital for the cause of
institutions should be able to overcome the natural handicap of inordinate delays in the
the investigator to make up the losses of the victims of the fraud to possible extent by
luring the criminals to a deal. Here comes to picture the discreetness of the investigator
in striking a deal with the criminals selon les regles without jeopardising the process of
the investigation in any way. Investigation per se does not bring any relief to the victims
of the fraud as its value lies only as an instrument of deterrence. Safeguarding the
interests of the hapless victims is the cardinal need in the circumstances au reste bringing
centre of the investigation of scams and criminals are those who are clever, influential
and stacked with easy money. In the circumstances, attempts to lure the invesigator from
the rightful path of investigation are a natural phenomenon. For the investigation to be
successful, the investigator should have immense inner strength to resist the lures and
stick to his professional path. It is said that every person has a price ; and meeting
whatever price is no problem in the efforts to distract investigators of mega-economic
of economic crimes for whatever reason is a serious Achilles heel in the investigation of
such crimes for the simple reason that lapses by these agencies create a framework for the
crimes. No large scale frauds against the general public is possible without these
agencies responsible for the financial discipline of the country willingly ignore violations
of financial norms and regulations and offer favours against rules and laws of the
financial discipline to the criminals engaged in the frauds. The role of theses institutions
in the commission of the crimes is as grave as that of the main –players and the
impresarios of the fraud. The fact is forgotten in the investigation of economic crimes in
India. The result is lopsided and unfair investigation which satisfies none let alone acting
as a deterrent against recurrence of such frauds. CRB scam is an example. Unless many
agencies responsible for financial discipline helped the the commission of the fraud by
the CRB capital markets by blatantly ignoring violations of norms and regulations by the
latter and unlawful favours, the swindling of the public to that extent would not have
been an easy feat. The SEBI tolerated CRB managing scores of shady share issues and
permitted to start a mutual fund and a share custodial service. The SBI opened its
banking services to the company to encash interest warrants and refund orders of the
company from the public without adequate security. Credit Rating Agency and IDBI’s
subsidiary CARE gifted the company’s fixed deposit programme, CRB caps a “A+”
rating in spite of the full knowledge of the liquidity problems and deteriorating assest
quality of the company after ICRA and CRISIL failed to oblige the company. The
auditors of the company ignored irregularities in the company’s operations in the audit
report. To top it all, the RBI turned blind eye to massive irregularities noticed during
inspection and issued an in–principle banking licence as favour and even tolerated the
company raising money for its bank after the licence was withdrawn. In absence of the
synergy by various financial institutions of the country. CRB Capital Markets just could
not befool and defraud thousands of investors to the extent it did, and struck gold. The
key figures in these financial institutions who helped CRB scam are as much responsible
for the scam as was Mr.C.R.Bhansail, the head of CRB capital Markets. Their
involvement gives an added dimension of conspiracy to the case. Law which provides
for the investigation of the case, treats all these players of the conspiracy on equal
footing. The exclusive attention of the investigation agency on the CRB chief and his
close associates to the exclusion of other conspirators cannot be called en regle and
This is not an isolated case of financial institutions prevaricating from their raison
d’ etre. Another top credit rating agency of the country CRISIL failed to warn investors
in advance about the poor showing of ITC Classic Finance on the eve of the issue of
NCD and fixed deposit schemes of the company. For CRISIL, this was the second
instance within the short duration of a year after similar failure regarding Mideast Shoes.
The role of commercial banks infamous security scam is too well known to be repeated
here. Indian Bank scam is waiting on the side-wings to blow up to a major scam.
Ignoring the part of financial institutions and other government agencies in mega-
economic crimes is a sure way of ringing the death-knell of the financial discipline of the
country. An investigation true to its profession must give primus to fix these institutions
for their irresponsible roles and connivance in the scam. The responsibility of the main-
player of a scam reduces to insignificance before the filures, lapses and impacts of the
connivance of the players of these institutions on the financial market and public life of
the country. No honest investigation can afford to leave the key figures of these
institutions out of the field of investigation. Distractions like strikes and protests by the
colleagues of the offenders in the institutions as in the case of suspension of the officials
of the Bombay Branch of the State Bank of India for complicity in CRB scam should not
strategy of scaring away the hands of law reaching them. A few years back, central
customs and excise staff of Delhi international airport resorted to agitation to protect a
few corrupt colleagues from the CBI net, Recently, air traffic control staff went on
agitation while some inefficient of them were suspended from service for grave
dereliction of duty. Very recently, arrest of public servants in Bihar fodder scam was
deferred by the CBI for the fear of creating law and order problems. A turly professional
unearth the truth. This is ore so in case of the investigation of economic crimes for the
simple reason that the money involved in such crimes in capable of buying anything
under the sun and creating any situation to the advantage of the criminals.
Crimes are committed either out of passion or for gain, if not by accident or
negligence. Economic crimes constitute a major and important block of the crimes for
gain. Economic crimes against the gullible public and the financial system of the country
assume dangerous dimensions because of the magnitude of the crimes, their impact on
the financial discipline of the country, the losses and grief come with it to the gullible
public and the sense of the loss of credibility it brings to the financial market.
Professional and in depth investigation to these scams is sine qua non for the growth and