Investor Issues
NSEL Scam: Brokers may get away scot-free as SEBI too is not interested in probe
Minutes of one of the last FMC meetings note rampant client code modifications by NSEL brokers “who may have indulged in manipulation in order to evade taxes, which needs to be probed into”
 
Market regulator Securities and Exchange Board of India (SEBI), which merged the Forward Markets Commission (FMC) with itself, has reportedly told the Finance Ministry it will not do any new investigation into the National Spot Exchange (NSEL) scam. This stand by regulators may allow the brokers, alleged by NSEL to be involved in the Rs5,600 crore scam, to get away scot free.
 
A report from Business Standard , says, "Its (SEBI's) stand could dash NSEL investors’ hope that the merger would give a renewed push for a probe. FMC, due to lack of authority to inspect and investigate brokers, had sought reports from the Central Bureau of Investigation (CBI) and the Mumbai Police’s economic offences wing (EOW). It had been unable to procure these reports. SEBI has decided on a similar approach, that instead of conducting its own probe, it would seek reports from CBI and EOW."
 
However, there is no word on some other allegations noted by FMC in its meeting on 17 September 2015. The notes (seen by Moneylife) states: "...Since one of the allegations against those brokers of NSEL is rampant UCC modification and thus there is suspicion/ likelihood that the brokers of NSEL have indulged in manipulation in order to evade taxes, which needs to be probed into. Since NSEL has ceased to co-operate and comply with the directions of FMC, the Income Tax Department may be informed so that a probe/enquiry is conducted in to the matter and appraised to the Commission." UCC stands for unique client code.
 
FMC meeting notes on 31 July 2015 mention that NSEL had also issued a circular under the Bye Laws allowing client code modification for client trades within 10 minutes after trading hours mainly for correcting punching errors. "This facility was misused by certain members to indulge in large scale client code modifications for market capturing practice as found through the EOW Mumbai Police investigation. In addition, the NSEL became aware of several gross violations of its Rules and Bye-Laws by the members pertaining to their dealing with clients when the EOW Mumbai Police registered complaints against the brokers."
 
These notes also refers to a letter sent by NSEL to these members for conducting an inspection of their operations, books of account and records as per Bye Laws of the Exchange. However, the notes, say, "…as many of the members refused such inspection of their records, we could not make much progress. It may be noted that these members have not been co-operating with the Exchange in providing data information since December 2014."
 
Expressing surprises about NSEL's suggestion that the Exchange came to know about the wrongdoings of its members only when EOW registered complaints against the brokers, the FMC is it looks difficult to accept. "....the fact that there have been findings in the Grant Thornton Report that NSEL had colluded with its brokers to sell its structured contracts to increase volumes, besides NSEL being an unregulated entity, which had complete control over its members, it was its duty to inspect the trading transactions of its members to find out about the CCMs and other wrongdoings during the course of trading," the FMC noted.
 
NSEL had made allegations against five brokerages, Anand Rathi Commodities Ltd, Geofin Comtrade Ltd, India Infoline Commodities Ltd, Motilal Oswal Commodities Pvt Ltd and Philip Commodities India Pvt Ltd.
 
The EOW, which was conducting an investigation against all the brokers to identify the role played by broking houses in the NSEL settlement crisis, sent a letter on 14 April 2015 seeking help from FMC. The letter states, "... since it is only taking cognizance of criminality under the provisions of Indian Penal Code (IPC) in this matter, Commission's intervention is required as far as violation of Code of Conduct or licensing terms of the brokers are concerned."
 
In a separate note, the FMC has clarified that NSEL was never under its regulatory purview. "In view of the exemption granted to NSEL u/s 27 of Forward Contracts Regulation Act (FCRA), NSEL was operating outside the regulatory purview of FMC under its own Rules & Bye-laws and there is no code of conduct or licensing terms for members of Spot Exchanges issued by the Commission," it stated.
 
According to the news report, the Rs5,600 crore settlement crisis that started in 2013 has resulted in 13,000 investors struggling to get their dues and the Department of Economic Affairs had in a letter on 21 September 2015 asked SEBI to address the investors’ grievances.

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COMMENTS

janakiramanv gevav

5 months ago

My insurance expired on 31/01/2014 collecl mony online banking how

amit jha

5 months ago

Paisay kab tak milaga

Aruna Guleria

10 months ago

I file complaint in district consumer forum Delhi.

Aruna Guleria

10 months ago

I file complaint in district consumer forum Delhi.

Ravindra Shetye

2 years ago

Since the whole exercise by brokers was to evade Income Tax for their clients, Enforcement Directorate, ED, as well as other Finance Ministry officials must get involved to go to the ROOTS of this SCANDAL. SEBI, after Mr. Bhave's forced departure is in the hands of the unscrupulous Brokers, Traders and COMPANIES.

Mahesh S Bhatt

2 years ago

Sir Great Indian Corrupt Comedy Circus.

One of the blatant system design flaw may be conscious is How can Futures trading Company not have its warehouses not linked to the exchange contracts via an Inventory Management systems.

Our then Agricultural Minister's Secretary ensured that gap should remain.

Result losses.

Mahesh

R Balakrishnan

2 years ago

And the foolish people who lost money were all boasting that once Modi is in power, he will help them to recover the money. Amazing folks who invested money without thinking. The richer you are, the more gullible they are.

CBI files charge sheet in Syndicate Bank bribery case
The Central Bureau of Investigation (CBI) has filed a charge sheet in the 2014 bribery case naming Syndicate Bank chairman-cum-managing director S.K. Jain and Bhushan Steel Ltd. vice-chairman Neeraj Singhal as accused in the case, sources said Thursday.
 
The charge sheet was filed before Special Judge Gurdeep Singh, who posted the matter for October 12 after CBI sought more time for filing some other documents in the case as as they are voluminous. 
 
CBI, in its charge sheet filed on Monday, named Jain, Singhal, middleman Vineet Godha, Puneet Godha, Vijay Pahuja and Pankaj Kumar Tiwari as accused in the case. All the six were charge sheeted under various section dealing with criminal conspiracy and various provisions of Prevention of Corruption Act dealing with bribery and criminal misconduct. 
 
However, the CBI gives clean chit to two accused - alleged middlemen Purushottam Lal Totlani and Arun Agarwal - saying that it did not found any evidence against them.
 
The agency has alleged that Jain has received a bribe of Rs.50 lakh through conduits and abused his official position to enhance the credit limits of some companies in violation of laid-down procedures. CBI said that sufficient oral and documentary evidence against the accused and requested court to summon and try them in the case. It has cited 80 witnesses to support its case.
 
All the accused are out on bail. 
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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Eye in the sky: Drones to monitor Bihar polls
Drones will be used for the first time for surveillance in the upcoming Bihar assembly polls, according to a top election official.
 
"Helicopters have been used in the past for surveillance, but drones will be used this time, probably for the first time," R. Lakshmanan, Bihar's Additional Chief Electoral Officer, told IANS in an interview over the phone from Patna. He declined to give operational details about the drone usage.
 
The task of conducting polls for the 243 assembly constituencies across the 38 districts of the country's third most populous state will be done in five phases - October 12, 16, 28, November 1 and 5. Counting of votes will take place on November 8.
 
Lakshmanan said that arguably, the biggest challenges would be maintaining law and order, checking "use and misuse of money power", the implementation of model code of conduct and "improving voter participation."
 
About 4.89 lakh officials drawn from the civil side, and 6 lakh security personnel have been deployed to oversee poll preparations.
 
Lakshmanan said till October 6, Rs.15.56 crore in cash and close to 5.34 lakh litres of liquor which had been confiscated. The liquor was being stocked for distribution before voting days. 
 
According to him, money and liquor were the two area which threw up challenges as far as monitoring election expenditure was concerned. So far, the election office has registered 265 FIRs for these violations.
 
In comparison, Rs.6 crore in cash and around 5.78 lakh litres of liquor were confiscated during the 2014 Lok Sabha election in the state, he said.
 
The other big challenge was over law and order. He said combing operations over the last couple of months in the 11-odd districts "where the Maoists threat is serious have fetched positive results". 
 
"There has been significant success with the recovery of 300 explosives and 800 odd illegal weapons," he added.
 
He said the poll-day preparations have begun well in advance and adequate numbers of security forces were available for deployment.
 
Over 6.6 crore voters, including over 3.1 crore women voters, are eligible to cast their ballot at the 62,779 polling stations across the state. Some 1,200 of these polling stations in certain areas of Bhagalpur, Khagaria, Vaishali, Darbhanga and Supaul districts, besides others, fall in the riverine belt of the state and are difficult to access.
 
Poll officials are posed with the peculiar challenge of treading a difficult terrain and cross over a river to access the polling stations and reach out to the voters there, the election official said.
 
Lakshmanan pointed at another challenge. He said that religious festivals such as Durga Puja and Muharram in between the poll schedule pose a unique challenge. "We have to ensure communal harmony as we handle the security arrangements during these festivals in poll time," he said.
 
Lakshmanan, a Bihar cadre bureaucrat, has previously served as the district magistrate of Darbhanga and was the district director of the education department's mid-day programme.
 
He has been with the Bihar CEO Ajay Nayak's office for past year and half.
 
He said a number of initiatives had been taken to get the approximately 50 lakh first time voter - between the age group of 18 and 19 - to vote.
 
The run-up to the staggered polls has also seen a number of leaders from across parties indulging in hate speech.
 
Lakshmanan said leaders generally adhere to the model code of conduct, and when "we see certain violations in speeches", the commission sends a show cause notice.
 
For instance, senior state BJP leader Sushil Kumar Modi and Rashtriya Janata Dal chief Lalu Prasad were issued notices and both have responded to the Election Commission in New Delhi. 
 
"Seven FIRs have been filed in this regard so far and a police probe is on," he said. He did not give further details.
 
Lakshmanan said the days of booth capturing and violence at polling booths in the state are over as not a single such incident was reported during the polls in 2005, '09 and '10.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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