Report on Research Project of Financial Scams in India
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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. -
(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 -
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. -
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 -
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. -
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. -
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 . -
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. -
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. -
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. -
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. -
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.