Report on Research Project of Financial Scams in India

Total Page:16

File Type:pdf, Size:1020Kb

Report on Research Project of Financial Scams in India REPORT ON RESEARCH PROJECT OF FINANCIAL SCAMS IN INDIA Submitted in partial fulfilment of the requirement of the Masters in Business Administration Programme Offered by Jain University during the year 2013-14 BY MOHAMMED MAAZ 3rd Semester MBA UNDER THE GUIDANCE OF PROF.SHRUTI AGARWAL # 319, 17th Cross, 25th Main, JP Nagar 6th Phase Bangalore – 560 078 Phone : 080-43430400, Fax : 080-26532730 E-mail : [email protected], Website : www.bschool.cms.ac.in Declaration I, hereby declare that this Lab Hours / Project (Research Project) on FINANCIAL SCAMS IN INDIA is prepared by me during the academic year 2014-15 under the guidance of prof. Shruti Agarwal. I also declare that this project which is the partial fulfillment of the requirement for MBA programme Offered by Jain University, it is the result of my own efforts with the help of experts. Name : MOHAMMED MAAZ Sem : 3rd Sec : “C” Reg.No : 13MBA63049 Date : Place : Signature ACKNOWLEDGEMENT It gives me immense pleasure in presenting the project report on Financial Scams in India Firstly, I take the opportunity in thanking almightily and my parents without whose continuous blessings, I would not have been able to complete this project. I would like to thank my project guide Prof. Shruti Agarwal for her great help, valuable opinions, advice and suggestions in fulfillment of this project. I am also grateful to Prof. Durga Praveena for encouraging me to select the project topic. I am thankful to our college for all the possible assistance and support, by making available the required books and the internet room which have proved useful to me in successfully completing my project. I hope that I have succeeded in presenting this project to the best of my abilities. CONTENTS: SR.NO PARTICULARS PG.NO 1. Abstract 2. Introduction on financial scams 3. Scam 1 – 2g spectrum 4. Scam 2- CWG Scam 5. Scam 3- SATYAM Scam 6. Scam 4- Part 1: HARSHAD MEHTA Scam Part 2: KETAN PAREKH Scam 7. Scam 5- CRB Scam 8. Conclusion Refrences 9. ABSTRACT EXECUTIVE SUMMARY: The findings are based on a comprehensive survey, cutting across several industrial sectors, both public and private. 'Strikes, Closures and Unrest' emerged as the number one risk in the survey report. In the year 2012, it did not surface among the top five risks in the 'Overall Risk Rating'. The risk of 'Political and Governance Instability' has significantly changed position from number eight last year to number two this year. 'Information and Cyber Insecurity', 'Fire' and 'Crime' have been rated at number three, five and six respectively. They have maintained their position among the top six risks from the India Risk Survey 2012 onwards. The risk of 'Corruption, Bribery and Corporate Frauds' has been acknowledged as risk number four. In 2012, India was ranked 94 among 176 countries on the Corruption Perception Index and the Financial Stability Report of the Reserve Bank of India revealed that losses of INR 4,448 crores (approx. USD 8.2 billion) to Indian banks from financial frauds in 2012 were the highest ever. RESEARCH OBJECTIVE: An attempt is made to examine and analyze in-depth about various ―Financial‖ scandals, which brings the limelight to the importance of ‗ethics‘ and corporate ‗governance‘. The fraud committed is a testament to the fact that ―the science of conduct is swayed in large by human greed, ambition, and hunger for power, money, fame and glory.‖ Scandals from India have, time and again proved, that ―there is an urgent need for good conduct based on strong corporate governance, ethics and accounting & auditing standards.‖ Unlike Enron, which sank due to ‗agency‘ problem, Satyam was brought to its knee due to ‗tunneling‘ effect. The Satyam scandal highlights the importance of securities laws and CG in emerging markets. Indeed, Satyam fraud ―spurred the government of India to tighten the CG norms to prevent recurrence of similar frauds in future.‖ Thus, major financial reporting frauds need to be studied for ‗lessons-learned‘ and ‗strategies-to-follow‘ to reduce the incidents of such frauds in the future. INTRODUCTION ON FINANCIAL SCAMS: What are scams? A fraudulent scheme performed by a dishonest individual, group, or company in an attempt obtain money or something else of value. Scams traditionally resided in confidence tricks, where an individual would misrepresent themselves as someone with skill or authority, i.e. a doctor, lawyer, investor. After the internet became widely used, new forms of scams emerged such as lottery scams; scam baiting, email spoofing, phishing, or request for helps. These are considered to be email fraud. Also see phishing, scheme. A scam is a dishonest attempt to trap you into parting with your money. A 'scammer' may make a personal approach, with an offer too good to be true. Someone may email you, phone, text-message or post an offer that they press you to take up. Scams can reach their target audience in many ways, ranging from a one-person door-stepping operation, through to multinational highly sophisticated telemarketing scams. Advertisements, direct mail, text messaging, phone calls and e-mail are all widely used. However SCAM means when a person tries to deceptively cheat you by first giving you a very good offer about something but later on you would be shocked to know that the person was simply bluffing and you have lost your money. An example of this can be the lottery scam. For example a person calls or emails you and tells you that you have won a lottery prize but to get the money there is a small processing fee, you have to pay that fee and then the money would be sent to you. The top ten financial scams in India: 1) 2G Spectrum Scam 2) Commonwealth Games Scam 3) Satyam Scam 4) Telgi Scam 5) Bofors Scam 6) The Fodder Scam 7) The Hawala Scandal l8) IPL Scam 9 )Harshad Mehta Stock Market Scam 10 )Ketan Parekh Stock Market Scam. SCAM 1 2G Spectrum scam Introduction to 2G 2G is short term for second-generation wireless telephone technology. Second generation 2G cellular telecom networks were commercially launched on the GSM standard in Finland by Radiolinjain 1991. Three primary benefits of 2G networks over their predecessors were that phone conversations were digitally encrypted; 2G systems were significantly more efficient on the spectrum allowing for far greater mobile phone penetration levels; and 2G introduced data services for mobile, starting with SMS text messages. After 2G was launched, the previous mobile telephone systems were retrospectively dubbed 1G. While radio signals on 1G networks are analog, radio signals on 2G networks are digital. 2G has been superseded by newer technologies such as 2.5G, 2.75G, 3G, and 4G. 2G SPECTRUM SCAM The 2G spectrum scam involved officials from the government of India illegally undercharging mobile telephony companies for frequency allocation licenses, which they would use to create 2G subscriptions for cell phones. The shortfall between the money collected and the money which the law mandated to be collected is estimated to be 1, 76,379 crore (1.763 trillion) rupees (roughly equivalent to 39 billion US dollars) based on 3G auction prices. The issuing of licenses occurred in 2008, but the scam came to public notice when the Indian Income Tax Department was investigating about the political lobbyist Nira Radia. The government's investigation and the government's reactions to the findings in the investigation was the subject of debate, as were the nature of the Indian media's reactions. Much of the credit of bringing this whole scam into public light and pursuing it in the court of law goes to Subramanian Swamy who is the chief petitioner for this case in the court of law. 2G licenses issued to private telecom players at throwaway prices in 2008. This scam has cost the government total loss of Rs. 1.76 lakh crores. Rules and procedures floated while issuing licenses. Main accused behind the scam: He is A. RAJA one of the main person behind India’s largest corporate fraud. Andimuthu Raja born on May 10, 1963, Tamil Nadu, India, is an Indian politician from theDMK political party. He was a member of the 15th Lok Sabha representing the Nilgiris constituency of Tamil Nadu.In 2007, he became cabinet minister for communication and information technology. On being re-elected in 2009 he was again appointed cabinet minister for communication and information technology until being tainted in the 2G spectrum scam and resigning in 2010. HIS INVOLVEMENT IN 2G SCAM The 2G spectrum financial scandal in the Telecommunications and IT Ministry under A. Raja is noteworthy as the largest political corruption case in modern Indian history, amounting to a record $40 billion loss from under pricing to the Government of India. The alleged modus operandi was telecom bandwidth being grossly undervalued and offered to a chosen few with vested interests, on a dubious 'First-Come-First- Served' basis. It is alleged that it should have been put under a transparent auction system, purportedly advised by higher office. An FIR filed by the CBI claims that the allocation was not done as per market prices, resulting in a scam worth 200 crore (US$40.56 million).However it had been alleged by Arun Jaitley of Bhartiya Janata Party (BJP) that the scam is worth around 176,000 crore (US$35.69 billion). The Comptroller and Auditor General holds Raja personally responsible for the sale of 2G spectrum at 2001 rates in 2008, resulting the previously mentioned loss of up to Rs. 1.76 lakh crores (US$40 billion) to the national exchequer. In August, 2010, evidence was submitted by the CAG showing that Raja had personally signed and approved the majority of the questionable allocations.
Recommended publications
  • Role of Corporate Goverance and Sebi : a Critical Analysis
    Journal of Xi'an University of Architecture & Technology Issn No : 1006-7930 ROLE OF CORPORATE GOVERANCE AND SEBI : A CRITICAL ANALYSIS Dr. Neetu Prakash Assistant Professor, Guru Nanak Khalsa College for Women, Model Town, Ludhiana ABSTRACT Corporate frauds or financial crimes or financial frauds can be classified as white-collar crimes, which represent the illegal acts that are characterized by deceit, concealment or violation of trust. The fraudulent exercises practiced by Enron, WorldCom and Martha Steward shook the world. Of these scandals, the Enron accounting scandal was the most infamous one. There were similar allegations against the WorldCom Company, whose CEO Bernard Ebbers hid an expenditure of $11 bn; later this led the company to bankruptcy. Frauds have occurred in almost every country in the world, in almost every sector, including banking, insurance, telecom, automobile industry, health, and the list is endless. The growing focus on cross-border expansion, high levels of growth with internal processes not keeping pace and large number of new employees joining the organization are making most companies vulnerable to greater fraud risk in recent times. The IT hackers and fraudsters can pose a significant threat of a financial crime. Cyber-crimes, economic crimes, ethical crimes, falsification of accounts by showing inflated profits, breach of fiduciary duty, breach of confidential information, non- disclosure of material facts etc. are causing enormous harm to the rights and interests or the society. Every such corporate fraud is a heinous crime against humanity, as it adversely affects and ruins the fortunes of large segments of innocent people. There are several adverse consequences of financial crimes.
    [Show full text]
  • (A) Bond Plaintiffs' Motion
    Case 1:08-cv-09522-SHS Document 160 Filed 06/07/13 Page 1 of 89 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK IN RE CITIGROUP INC. BOND LITIGATION Master File No. 08 Civ. 9522 (SHS) ECF Case DECLARATION OF STEVEN B. SINGER IN SUPPORT OF: (I) BOND PLAINTIFFS’ MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION, AND (II) BOND COUNSEL’S MOTION FOR AN AWARD OF ATTORNEYS’ FEES AND REIMBURSEMENT OF LITIGATION EXPENSES Case 1:08-cv-09522-SHS Document 160 Filed 06/07/13 Page 2 of 89 TABLE OF CONTENTS I. INTRODUCTION .............................................................................................................. 1 II. PROSECUTION OF THE ACTION .................................................................................. 4 A. Bond Counsel’s Efforts to Identify and Preserve the Claims of Investors in Citigroup’s Bonds and Preferred Stock .................................................................. 4 B. Preparation of the Consolidated Amended Class Action Complaint, and Summary of the Claims Asserted ........................................................................... 6 C. The Citigroup Defendants’ and the Underwriter Defendants’ Extensive Motions to Dismiss ............................................................................................... 12 D. The Court’s Opinions Largely Denying Defendants’ Motions to Dismiss, and Denying Defendants’ Motion for Reconsideration ........................................ 15 E. Bond Plaintiffs Conduct Extensive Discovery and Motion Practice
    [Show full text]
  • India's Satyam Scandal
    Review of Business and Finance Studies Vol. 6, No. 2, 2015, pp. 35-43 ISSN: 2150-3338 (print) ISSN: 2156-8081 (online) www.theIBFR.com INDIA’S SATYAM SCANDAL: EVIDENCE THE TOO LARGE TO INDICT MINDSET OF ACCOUNTING REGULATORS IS A GLOBAL PHENOMENON Kalpana Pai, Texas Wesleyan University Thomas D. Tolleson, Texas Wesleyan University ABSTRACT This paper examines the capture of government regulators using the case of Satyam Computer Services Ltd., one of India’s largest software and services companies, which disclosed a $1.47 billion fraud on its balance sheet on January 7, 2009. The firm, which traded on the New York and Bombay Stock Exchanges, was required to file financial reports with the SEC. Price Waterhouse of India, the local member of PricewaterhouseCoopers (PWC), served as its auditor. After news of the scandal hit the airwaves, Price Waterhouse of India issued a press release and stated that its audit was conducted in accordance with applicable auditing standards and was supported by sufficient audit evidence. Because Satyam shares were quoted on Wall Street, SEC rules prohibited auditors from having business relations with their clients. U.S. regulators failed to take action against PWC. Is this lack of enforcement related to PWC’s size and the impact that the failure of a Big 4 firm would have on the global financial marketplace? We question whether government regulators have been captured by the key market players in the auditing services market. One outcome of this “capture” is moral hazard, which implies that the Big 4 accounting firms, or their local affiliates, may place less emphasis on quality audits.
    [Show full text]
  • Zerohack Zer0pwn Youranonnews Yevgeniy Anikin Yes Men
    Zerohack Zer0Pwn YourAnonNews Yevgeniy Anikin Yes Men YamaTough Xtreme x-Leader xenu xen0nymous www.oem.com.mx www.nytimes.com/pages/world/asia/index.html www.informador.com.mx www.futuregov.asia www.cronica.com.mx www.asiapacificsecuritymagazine.com Worm Wolfy Withdrawal* WillyFoReal Wikileaks IRC 88.80.16.13/9999 IRC Channel WikiLeaks WiiSpellWhy whitekidney Wells Fargo weed WallRoad w0rmware Vulnerability Vladislav Khorokhorin Visa Inc. Virus Virgin Islands "Viewpointe Archive Services, LLC" Versability Verizon Venezuela Vegas Vatican City USB US Trust US Bankcorp Uruguay Uran0n unusedcrayon United Kingdom UnicormCr3w unfittoprint unelected.org UndisclosedAnon Ukraine UGNazi ua_musti_1905 U.S. Bankcorp TYLER Turkey trosec113 Trojan Horse Trojan Trivette TriCk Tribalzer0 Transnistria transaction Traitor traffic court Tradecraft Trade Secrets "Total System Services, Inc." Topiary Top Secret Tom Stracener TibitXimer Thumb Drive Thomson Reuters TheWikiBoat thepeoplescause the_infecti0n The Unknowns The UnderTaker The Syrian electronic army The Jokerhack Thailand ThaCosmo th3j35t3r testeux1 TEST Telecomix TehWongZ Teddy Bigglesworth TeaMp0isoN TeamHav0k Team Ghost Shell Team Digi7al tdl4 taxes TARP tango down Tampa Tammy Shapiro Taiwan Tabu T0x1c t0wN T.A.R.P. Syrian Electronic Army syndiv Symantec Corporation Switzerland Swingers Club SWIFT Sweden Swan SwaggSec Swagg Security "SunGard Data Systems, Inc." Stuxnet Stringer Streamroller Stole* Sterlok SteelAnne st0rm SQLi Spyware Spying Spydevilz Spy Camera Sposed Spook Spoofing Splendide
    [Show full text]
  • International Journal of Advanced Multidisciplinary Research (IJAMR) ISSN: 2393-8870 Review Article a Study on Marketing of Services by Axis Bank
    International Journal of Advanced Multidisciplinary Research 2(2): (2015): 47–52 International Journal of Advanced Multidisciplinary Research (IJAMR) ISSN: 2393-8870 www.ijarm.com Review Article A Study on marketing of services by Axis bank Dr. M. Thirumagal Vijaya Head , PSG College of Arts and Science , Coimbatore-641014. Corresponding Author : [email protected] Abstract A bank is a financial intermediary that accepts deposits and channels those deposits into lending Keywords activities, either directly by loaning or indirectly through capital markets. Due to their importance in the financial system and influence on national economies, banks are highly regulated in most financial intermediary, countries. Most nations have institutionalized system under which banks hold liquid assets equal to institutionalized system , only a portion of their current liabilities. The Banking sector in India has always been one of the most Banking sector index, preferred destinations for employment. In this decade, this sector has emerged as a sunrise sector in NBFCs, the Indian economy. Banking sector index has grown at a compounded annual rate of over 51 per cent Management Information since the year 2001.The Banking Industry is recruiting in a big way. In the next five years , banks will Systems have to recruit almost 7.5 lakh people. Now, banks have diversified their activities and getting into new products and services that include opportunities in credit cards, consumer finance, wealth management, life and general insurance, investment banking, mutual funds, pension fund regulation, stock broking services, custodian services and private equity etc. Further, most of the leading Indian banks are going global, setting up offices in foreign countries themselves or through their subsidiaries.
    [Show full text]
  • Resolution of Corporate Disputes, Non-Compliances & Remedies
    STUDY MATERIAL PROFESSIONAL PROGRAMME RESOLUTION OF CORPORATE DISPUTES, NON-COMPLIANCES & REMEDIES MODULE 2 PAPER 6 i © THE INSTITUTE OF COMPANY SECRETARIES OF INDIA Disclaimer : Although due care and diligence have been taken in preparation of this Study Material, the Institute shall not be responsible for any loss or damage, resulting from any action taken on the basis of the contents of this Study Material. Anyone wishing to act on the basis of the material contained herein should do so after cross checking with the original source. TIMING OF HEADQUARTERS Monday to Friday Office Timings – 9.00 A.M. to 5.30 P.M. Public Dealing Timings Without financial transactions – 9.30 A.M. to 5.00 P.M. With financial transactions – 9.30 A.M. to 4.00 P.M. Phones 011-45341000 Fax 011-24626727 Website www.icsi.edu E-mail [email protected] Laser Typesetting by AArushi Graphics, Prashant Vihar, New Delhi, and Printed at SAP Printers, Mumbai/February 2020 ii PROFESSIONAL PROGRAMME RESOLUTION OF CORPORATE DISPUTES, NON-COMPLIANCES & REMEDIES The term Corporate disputes includes the disputes relating to Antitrust, Mala-Fidei, Breach of Contract, Breach of Fiduciary Duty, Business Torts, Class Actions, Debtor/Creditor, Employment and Labour, Fraud and Misrepresentation, Insurance Coverage, Intellectual Property and Patent Infringement, Board Member Disputes, Partnership Disputes, Privacy, Cyber security and Data Breach, Product Liability, Real Estate, Land Use and Environmental Litigation, Restrictive agreement, Securities Litigation, Shareholder Disputes and Derivative Actions, Tax Disputes, Trade Secret and Unfair Competition. These commercial litigations are different from other civil litigations by virtue of the involvement of businesses rather than just individuals.
    [Show full text]
  • Stock Market Participation in the Aftermath of an Accounting Scandal
    Stock market participation in the aftermath of an accounting scandal Renuka Sane∗ National Institute of Public Finance and Policy June 2017 Abstract In this paper we study the impact on investor behaviour of fraud revelation. We ask if investors with direct exposure to stock market fraud (treated investors) are more likely to decrease their participation in the stock market than investors with no direct exposure to fraud (control investors)? Using daily investor account holdings data from the National Stock Depository Limited (NSDL), the largest depository in India, we find that treated investors cash out almost 10.6 percentage points of their overall portfolio relative to control investors post the crisis. The cashing out is largely restricted to the bad stock. Over the period of a month, there is no difference in the trading behaviour of the treated and control investors. These results are contrary to those found in mature economies. ∗I thank Jayesh Mehta, Tarun Ramadorai, Ajay Shah, K. V. Subramaniam, Susan Thomas, Harsh Vardhan, participants of the IGIDR Emerging Markets Conference, 2016, NSE-NYU conference, 2016, for useful comments. Anurag Dutt provided excellent research assistance. I thank the NSE-NYU initiative on financial markets for funding support, and Finance Research Group, IGIDR for access to data. 1 Contents 1 Introduction 3 2 Data 5 2.1 Sample . .7 3 Research design 8 3.1 The Satyam fraud . .8 3.2 The matching framework . 11 3.3 Main outcome of interest . 13 3.4 Difference-in-difference . 16 4 Results 16 4.1 Effect on cashing out of portfolio . 16 4.2 Effect on cashing out Satyam .
    [Show full text]
  • Case 1:09-Md-02027-BSJ Document 253 Filed 02/17/11 Page 1 of 163
    Case 1:09-md-02027-BSJ Document 253 Filed 02/17/11 Page 1 of 163 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK In re: 09 MD 2027 (BSJ) (Consolidated Action) SATYAM COMPUTER SERVICES LTD. SECURITIES LITIGATION JURY TRIAL DEMANDED This Document A..lies to: All Cases FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT BERNSTEIN LITOWITZ BERGER & GRANT & EISENHOFER P.A ^° ? GROSSMANN,LLP Jay W. Eisenhofer Max W. Berg er Keith M. Fleischman °D• rq Steven B. Singer Mary S. Thomas Bruce Bernstein Deborah A. Elman 1285 Avenue of the Americas, 38th Floor Ananda Chaudhuri New York, NY 10019 485 Lexington Ave., 29th Floor Tel: (212) 554-1400 New York, New York 10017 Fax: (212) 554-1444 Tel: (646) 722-8500 Fax: (646) 722-8501 Co-Lead Counsel for Plaintiffs Co-Lead Counsel for Plaintiffs BARROWAY TOPAZ KESSLER LABATON SUCHAROW LLP MELTZER & CHECK, LLP Joel H. Bernstein David Kessler Louis Gottlieb Sean M. Handler Michael H. Rogers Sharan Nirmul Felicia Y. Mann Christopher L. Nelson 140 Broadway Neena Verma New York, NY 10005 Joshua E. D'Ancona Tel: (212) 907-0700 280 King of Prussia Road Fax: (212) 818-0477 Radnor, PA 19087 Tel: (610) 667-7706 Co-Lead Counsel for Plaintiffs Fax: (610) 667-7056 Co-Lead Counsel for Plaintiffs i' Case 1:09-md-02027-BSJ Document 253 Filed 02/17/11 Page 2 of 163 TABLE OF CONTENTS Page I. SUMMARY OF THE ACTION 2 II. JURISDICTION & VENUE 7 III. PARTIES AND RELEVANT NON-PARTIES 8 A. Lead Plaintiffs 8 B. Additional Named Plaintiffs 9 C.
    [Show full text]
  • Saji Vettiyil, Et Al. V. Satyam Computer Services Ltd., Et Al. 09-CV-00117
    1 Nicole Lavallee (SBN 165755) Email: [email protected] 2 Lesley Ann Hale (SBN 237726) 3 Email:[email protected] BERMAN DeVALERIO 4 425 California Street Suite 2100 5 San Francisco, CA 94104 Telephone: (415) 433-3200 6 Facsimile: (415) 433-6382 7 Christopher J. Keller Alan I. Ellman 8 Stefanie J. Sundel LABATON SUCHAROW LLP 9 140 Broadway New York, New York 10005 10 Telephone: (212) 907-0700 Facsimile: (212) 818-0477 11 Email: [email protected] 12 Attorneys for Mineworkers’ Pension Scheme and Proposed Lead Counsel for the Class 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 15 16 SAJI VETTIYIL, Individually and on Behalf ) 17 of All Others Similarly Situated, ) )Civil Action No.: C-09-00117 RS 18 Plaintiff, ) )Mag. Judge Richard Seeborg 19 vs. ) ) 20 SATYAM COMPUTER SERVICES, LTD., )Hearing B. RAMALINGA RAJU, B. RAMA RAJU, ) Date: April 22, 2009 21 SRINIVAS VADLAMANI, PRICE ) WATERHOUSE, ) Time: 9:30 A.M. 22 PRICEWATERHOUSECOOPERS ) Courtroom:4 INTERNATIONAL, LTD., ) 23 Defendants. ) 24 ) 25 NOTICE OF FILING MINEWORKERS’ PENSION SCHEME’ MEMORANDUM 26 OF LAW IN FURTHER SUPPORT OF ITS MOTION FOR CONSOLIDATION APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF 27 LEAD COUNSEL, AND IN OPPOSITION TO THE COMPETING MOTIONS 28 [C-09-00117 RS] NOTICE OF FILING MINEWORKERS’ PENSION SCHEME’ MEMORANDUM OF LAW IN FURTHER SUPPORT OF ITS MOTION FOR CONSOLIDATION APPOINTMENT AS LEAD PLAINTIFF, AND APPROVAL OF SELECTION OF LEAD COUNSEL, AND IN OPPOSITION TO THE COMPETING MOTIONS 1 Mineworkers’ Pension Scheme (“Mineworkers’ Pension”) hereby informs the Court, all 2 parties, and their counsel of record that Mineworkers’ Pension filed on March 26, 2009 in the 3 action entitled Patel v.
    [Show full text]
  • 15 Chapter-2 Selection of Sample Banks and Reasons
    CHAPTER-2 SELECTION OF SAMPLE BANKS AND REASONS BEHIND MERGER As stated earlier, the selected period of research is 15 years, which was started in 2000-01 and ending on 2014-15. As mentioned (in Table 2.1), 15 M&As (mergers and acquisitions) had taken place in our selected period either in the form of voluntary/natural market driven merger or compulsory/forced merger. Out of 15 M&As, 9 M&As were on voluntary/natural market driven basis and 6 M&As were on compulsory/forced merger basis. The role of RBI (Reserve Bank of India) is very important for compulsory/forced merger because under Section 45 of the Banking Regulations Acts allow RBI to approve compulsory/forced merger to protect the interest of public, depositors, employees & management and the banking industry as a whole. In this regard, the commencement date of M&As will be the date indicated in the notifications issued by RBI in consultation with the Government. In case of voluntary/natural market driven M&A, RBI does have mandatory power to approve merger of banks. The following table-2.1 presents a snapshot of the 15 M&As, which were taken place during our study period. 15 Table 2.1 Merger and Acquisition (M&A) during the period: FY 2000-01 to 2014-2015 DATE OF S.NO. TARGET BANK ACQUIRER BANK MERGER 1 Bank of Madura Ltd. ICICI Bank Ltd. 10-Mar-01 2 ICICI Ltd ICICI Bank Ltd 3-May-02 3 Benares State Bank Ltd Bank of Baroda 20-Jun-02 4 Nedungadi Bank Ltd.
    [Show full text]
  • Fraudulent Financial Practices and Investor Protection in the Indian
    FINAL REPORT OF UGC SPONSORED MAJOR RESEARCH PROJECT ON FRAUDULENT FINANCIAL PRACTICES AND INVESTOR PROTECTION IN THE INDIAN CAPITAL MARKET – ROLE OF SEBI F. No. 5-46/2014 (HRP) Dated 10th October, 2015 MRP-MAJOR-COMM-2013-8437 (GENERAL) Submitted to the UNIVERSITY GRANTS COMMISSION New Delhi By Dr. GADDAM NARESH REDDY PRINCIPAL INVESTIGATOR DEPARTMENT OF COMMERCE UNIVERSITY COLLEGE OF COMMERCE & BUSINESS MANAGEMENT OSMANIA UNIVERSITY HYDERABAD 2018 PREFACE The Indian securities markets have come a long way in the last three decades in terms of both quantitative as well as qualitative transformations. They have also witnessed quite a few ups and downs including a global financial crisis. The relationship between the rate of economic growth and growth in the securities market is two-fold and symbiotic. Strong economic growth helps securities market to develop and developed securities market mobilizes capital to fuel economic growth. In this ever changing global financial landscape, financial markets too are evolving, growing and getting more complex. To effectively regulate these markets, the regulators and policymakers need to be proactive, keep themselves updated and upgraded. Over a period of time, SEBI has strengthened both its regulatory purview and internal capacity to ensure that the interests of the investors are well protected. Efforts are under way to deepen the corporate bonds market, widen the penetration of mutual funds across the country and strengthening the commodities market. The efforts of the government and of policymakers, the Indian financial market will ascend to newer heights. Corporate sectors, stock markets, and the profession of accounting are increasingly gaining importance which calls for a more efficient and transparent working of corporate sectors.
    [Show full text]
  • Inside Safe Assets
    Inside Safe Assets Anna Gelpern and Erik F. Gerdingt "Safe assets" is a catch-all term to describe financial contracts that market participants treat as if they were risk-free. These may include government debt, bank deposits, and asset-backed securities, among others. The InternationalMonetary Fund estimatedpotential safe assets at more than $114 trillion worldwide in 2011, more than seven times the U.S. economic output that year. To treat any contract as if it were risk-free seems delusional after apparently super-safe public and private debt markets collapsed overnight. Nonetheless, safe asset supply and demand have been invoked to explain shadow banking, financial crises, and prolonged economic stagnation. The economic literaturespeaks of safe assets in terms of poorly understood natural forces or essential particles newly discovered in a super-collider. Law is virtually absent in this account. Our Article makes four contributions that help to establish law's place in the safe asset debate and connect the debate to post-crisis law scholarship. First,we describe the legal architectureof safe assets. Existing theories do not explain where safe assets get their safety. Understanding this is an essential first step to designing a regulatory response to the risks they entail. Second, we offer a unified analyticalframework that links the safe asset debate with post- crisis legal critiques of money, banking, structuredfinance and bankruptcy. Third, we highlight sources of instability and distortion in the legal T Gelpern is Professor at Georgetown Law and a Non-Resident Senior Fellow at the Peter G. Peterson Institute for International Economics; Gerding is Professor and Associate Dean for Academic Affairs at Colorado Law.
    [Show full text]