Showing posts with label sebi chairman). Show all posts
Showing posts with label sebi chairman). Show all posts

August 30, 2011

life in financial markets: how companies manipulate government to stop market regulators from investigating them


Anna Hazare's close aides, last week, were comfortable in dealing with a representative of the government who happens to be pressurising the stock market regulator, Securities and Exchange Board of India, to go easy in ongoing investigations in the cases of certain large influential companies and corporate groups. None other than India's finance minister, Pranab Mukherjee, as per this newsreport published in today's Indian Express newspaper, is influencing Sebi to "manage" ongoing investigation cases against certain influential corporate gorups.

Here is the newsreport:

Ex-SEBI member to PM: ID leaked, family at grave risk

P. Vaidyanathan Iyer

A whole-time board member of the Securities and Exchange Board of India (SEBI), the stock market regulator, has complained to the government that he and his family are at “grave” risk after his letter to the Prime Minister complaining against Finance Minister Pranab Mukherjee, the minister’s advisor Omita Paul, and his chairman U K Sinha, was sent to the finance ministry — and his identity leaked.

In that first letter sent on June 1, K M Abraham, a 1982 IAS Kerala-cadre officer — his term in SEBI ended on July 20 — alleged that Mukherjee and Paul put pressure on Sinha to “manage” some high-profile corporate cases and, in the process, undermined the regulator’s integrity.

Abraham’s letter referred to several enforcement cases against groups including Sahara, Reliance Industries Ltd and ADAG companies, Bank of Rajasthan and MCX-SX, a new stock exchange that currently offers trading facilities in currency derivatives.

“While reviewing these cases in his three months as Chairman SEBI, Shri U K Sinha has directly or indirectly, referred to how these cases are sensitive and are engaging the attention of the Union Minister for Finance or Smt Omita Paul, Advisor to the Finance Minister,” Abraham alleged.

Sinha had replaced C B Bhave as SEBI chairman on February 18 this year.

A fortnight after receiving Abraham’s letter, the PMO sent a copy to Economic Affairs Secretary in the finance ministry, R Gopalan, for his comments. Expressing anguish at this, Abraham wrote again to the Prime Minister on June 24.

“I couldn’t have gone to the Finance Minister who (as U K Sinha disclosed) had conveyed his interest in a few cases in SEBI to the Chairman personally.

Giving a copy of my letter that bears specific references to corporate houses, to the Finance Ministry, under the present circumstances can have the unintended consequence of exposing our lives and safety to grave risks,” he said.

Sinha did not respond to an email sent by The Indian Express almost 10 days ago.

When contacted, Paul said: “I do not know Abraham. I have never spoken to him. The Finance Ministry has sent its response on the issue to the PMO, the Department of Personnel and Training and the Central Vigilance Commissioner.”

Paul referred the newspaper to a Finance Ministry official, who said that Abraham was “perhaps raising these issues” because he was trying to deflect allegations against him.

These relate to his purchase of a flat in Mumbai built by Kohinoor Planet Construction Ltd. The flat is in the same complex where the National Stock Exchange, an entity regulated by SEBI, bought commercial space, raising questions of conflict of interest.

Further, the official said, Abraham may have been cut up with the Ministry for not extending his tenure by another two years and with the new SEBI chairman for not clearing a file relating to his appointment as Director in the National Institute of Securities Market. He was the only candidate shortlisted by a search committee set up during Bhave’s tenure.

The institute is a public trust set up by SEBI to add market quality through educational initiatives.

Upon receiving Abraham’s letter from the PMO, Gopalan wrote to Sinha on June 21 seeking his comments. After two reminders from the ministry on June 29 and July 5, Sinha replied that Abraham’s allegations are “completely baseless, motivated and are an attempt to tarnish the image of the government; apart from being a malicious attack on me as Chairman of Sebi”.

In his July 8 letter, Sinha also said Abraham was “under severe stress and tension” for the last one month or so.

“He appears to be suffering from an insecurity complex which has got aggravated after some media articles regarding CBDT probing certain properties purchased by him and by (one) Mr M S Sahoo, other whole-time member,” Sinha wrote to the ministry. He, however, said in the letter that Sebi — after verification of facts on Abraham’s purchase of the flat — sent reports on February 11, March 14, May 9, May 25 and July 4 that “the allegations are not true”.

Sinha added: “His (Abraham’s) behaviour is being erratic and he seems to be under some delusion about threat to his family.”

When contacted, Abraham said: “I had applied for a Provident Fund loan from the government for purchasing the flat.” Further, he said, there are thousands of entities regulated by SEBI and each of them may have commercial space in Mumbai. “Does that mean, I cannot buy a flat in any complex where an entity regulated by SEBI has bought space?”

In his June 1 letter to the Prime Minister, Abraham had said: “Sinha mentioned that ‘they are not interested in too many cases in SEBI’, and if he is able to ‘manage’ these few cases, then it becomes ‘easy’ for him.” On a few occasions, he wrote, the SEBI Chairman mentioned that, “the ‘Big Man’ (which he then clarifies is the Union Finance Minister) is interested, and that he has personally told him so”.

Several times, he wrote, “the Chairman has aired his sad frustration that the ‘Lady’ (referring to Smt Omita Paul, Advisor to the Union Finance Minister) is controlling everything — and all such things are being done at her instance... I have heard him mention that it is so difficult to interact with the Finance Ministry.”

September 09, 2009

life in financial markets: why not ask for a level playing field in this as well?

One often hears/reads/sees a corporate CEO or an industrialist talking of level playing field. Depending on what it pertains to, such a thing can be considered valid or not. I think barring a very few genuine cases most of them are frivolous and unfair. But on the surface they look very apt and fair. Dig a little deeper and you realise the dirty game being played.

Anyway, I was reading this newsreport on how the fraud-affected and in-prison Satyam Computer's former chief, Ramalinga Raju, is receiving excessive soft treatment. Read the entire text of the newsreport below. Now, I was wondering, whether corporate India would also seek a level playing field in the treatement given to corporate CEOs when they land in prison due to fraud. Would it not be fair for corporate India to seek that Satyam's Raju be treated like any other undertrial-prisoner in the country?

Even hardened criminals-cum-politicians receive the kind of treatment that Satyam's former chief is receiving now. When such politicians are from states such as Bihar, Jharkhand and Uttar Pradesh, many in corporate India (and I have personally experienced this) mock, and make derogatory remarks on, the favoritism accorded to these states' politicans. But, pray, tell me, what is the difference between a powerful criminal in such a state and Satyam's Raju?

Coming to the status of the cases against Satyam's former bosses, I am not surprised by the slow pace of investigations to arrive at a final conclusion in the Satyam fraud case that involved, among other things, artificially jacking up profits and siphoning off company funds for personal benefit by the company bosses. But I am apalled by the fact that even Sebi, under the chairmanship of a supposedly-tough C.B.Bhave, has been extremely slow to bring to justice the Satyam offenders under the wide ranging powers available to Sebi under the various regulations and Acts.

When Bhave was the chief of NSDL (National Securities Depository) his company was unfairly targeted by former Sebi chief, Damodaran, during the IPO scam blowout. While merchant bankers (lead managers to the IPOs) were being allowed to go scot free, Damodaran was going after the two depositories. But I did notice at that time that NSDL, under Bhave, never took any action against Karvy Stock Broking that was a DP in NSDL and which had opened over 40,000 fake demat accounts. NSDL, under its various rules and regulations, could have levied a hefty penalty on Karvy. But it never did. Of course, neither did CDSL penalise its DPs that were involved in the scam. But I expected differently from Bhave and NSDL.

Now, here is the twist. Karvy's headquarters are in Hyderabad in Andhra Pradesh. So is Satyam Computer's. Though the matters are serious I can not help but find some humour in the fact that Hyderabadis are exposing chinks in Bhave's strengths.

Here, then is the newsreport. Its shocking:
http://timesofindia.indiatimes.com/news/india/Ramalinga-Raju-is-raja-in-hospital/articleshow/4988416.cmsRamalinga Raju is 'raja' in hospitalTNN 9 September 2009, 02:02am IST
HYDERABAD: If Ramalinga Raju was the rare undertrial playing badminton in Chanchalguda prison, he now holds the
distinction of being the first prisoner to enjoy the comforts of the only VIP room in the NIMS ICCU where he is currently recuperating.
The former Satyam boss was admitted to NIMS after he complained of chest pain on Monday evening. Medical reports
stated that he was suffering from Hepatitis C and hypertension.
While the other patients' beds are divided by curtains, Raju has a separate room to himself which staffers refer to
as the 'VIP section'. The room has an attached bathroom with round the clock attention from doctors.
With his wife Nandini Raju on his side along with a few other family members since he was admitted to the hospital
on Monday night, it appears that the Raju family is having a reunion of sorts. Raju's elder son, Teja Raju, visited
his father on Monday night. There are five policemen outside his room keeping a vigil.
Raju's aides were seen hanging around the ICCU on Tuesday and even entering to meet him with the help of hospital
staff. The medical superintendent N Satyanarayana mentioned during a brief press briefing that Raju had the company
of his personal assistant in the ICCU.
At about 1.15 pm a Raju aide was seen entering the ward with two oversized basket like bags carrying food, clothes
and other items. The aide was accompanied with Raju’s counsel S Bharath Kumar’s junior who was taking in some
documents inside for Raju.
"He (Bharath Kumar) wanted Raju to go through these documents," the lawyer said. Sources said that his father-in-law
visited Raju in the morning, apart from the other visitors, later in the day, on Tuesday.
The hospital authorities even blocked an entrance which leads to the in-patient ward of the hospital on Tuesday. At
the other entry points, the security guards kept a close watch ensuring that nobody went inside without a pass, as
against the normal days when they are usually lax. Those who did not have a pass, were denied entry.