Big Fines by SEBI, But No Funds
Is there a point to the huge fines being announced by the regulator?
 
On 22nd September, the capital market regulator set a record by levying the biggest ever penalty—of Rs7,269.5 crore—on PACL Ltd (formerly Pearl Agrotech Corporation Limited) and its four directors for illegal and fraudulent mobilisation of funds from the public. 
 
Does this large amount serve any meaningful purpose? Remember, PACL has raised an astonishing Rs49,000 crore from the public, over a 15-year period, that must be repaid first. Many nervous investors have posted queries on Moneylife’s website about the process to get back their money. Unlike the strangely silent investors of the Sahara group, PACL appears to have genuine investors who were lured with the promise of high returns and investment in land. 
 
While SEBI is correct in saying that a strong signal should be sent to those who indulge in ‘illegal money mobilisation’ to dupe the common man, the regulator’s priorities ought to be different. The preamble to the SEBI Act makes it clear that investor protection is its first duty. The regulator ought to focus on putting in place a simple mechanism to ensure that genuine investors get back their hard-earned money and then worry about imposing a stiff penalty to act as a deterrent. 
 
The bigger problem in PACL, Sahara and the many large money circulation schemes that SEBI has correctly cracked down on (Rose Valley, MPS Greenery and Alchemist) is their long misuse of legal processes with investors’ funds. The real deterrence against such illegal schemes would be swift legal action that prevents the misuse of courts. Unfortunately, the setting up an independent market regulator and a securities appellate tribunal (SAT) has only created two more forums to abuse through pointless legal processes and delays. PACL is the best example of this. It obtained a stay against SEBI action from various courts, allowing it to raise another Rs25,000 crore, over the years.
 
Are PACL or its promoters in a position to pay SEBI’s steep penalty in 45 days after repaying investors? Should SEBI be focused on collecting penalties instead of insisting on investors getting back their money first? SEBI’s recovery action will be contested, but may ultimately land the promoters in the same predicament as Subrata Roy (of the Sahara group) who has been languishing in jail for well over a year. A SEBI order asking Ramalinga Raju and his family (of Satyam Computers) to return Rs1,850 crore of unlawful gains and cough up interest to the tune of Rs1,500 crore has already been stayed by SAT on 8th September. The legal battle will continue and, eventually, land up in the Supreme Court. The only ones benefiting from this pointless system are members of the legal community whose fees have been galloping every year. 
Comments
Meghanad Ingale
1 decade ago
All said and done, does anybody have idea whether PACL's assets are worth the claims by investors?
If SEBI decides to liquidate, how long will it take, 1 year? 2 years? 10years??
Arvind
1 decade ago
Reminded of CRB Capital Market scam.
Finally, earlier this year, SEBI constituted special committee is finally disbursing money.
But, holders have such onerous process & requirements of documents, KYC etc forced on them to recover a pittance of original investment.
Justice delayed and justice denied.
This is my India!
Ravindra
1 decade ago
There are two things which can be more effective.
1 The Regulator must be able to direct the confiscation of the Funds of the Company as well as the Assets of all kinds of ALL Directors of the Company. Obviously present Law does not provide for it. Law needs to be improved.
2 These schemes are operating in the open market and there needs to be a suo-moto vigilant set up to bring such schemes to the notice of SEBI (?) so that it can be stopped in its track. It is ridiculous to find that PACL was operating for 15(Fifteen) years and collected 49000 crores over that period. It was able to get the stay orders from several courts, which possibly means that there is either no Law for such schemes. Courts' job is to interprete the law, not make the law. Hence barring few cases of Corruption, by and large it looks like the Courts are not to be blamed.
Dipakkumar J Shah
1 decade ago
This remind me a case of prospectus issued by Ratnamani Engineering Limited well back in 1994 . SEBI vetted the same. Wherein a mere book entry of profit was allowed , it was a case of Dividend paid out of capital , mere book entry of profit , out of only this mere book entry of profit Rs 30.01 Lacs dividend was paid and declared ?? There was an entry of Rs 40 Lacs in prospectus as Job Charges!!! In fact ther is a loss of Rs 9.09 Lacs !!!! For what best known to Mr Prakash Sanghavi?? You may refer to the Judgment in the case of Company Petition No 17 of 1996 of Gujarat High Court . You may find online. See how is wealthy and healthy Judiciaries and Judicial People. Just some 15 days Bank Hon. Chief Justice Mr. Mohit S Shah Retired from Bombay High Court gave verdict.
Vaibhav Dhoka
1 decade ago
SEBI never intended to safeguard investor's interest.It never stood to its Preamble as defined.This penalty is best example to show that SEBI is working and is useful for SEBI's work audit.In India multiple forums have played havoc and helps fraudster only to achieve their goal.One should pity Indian investor.Indian regulators are only Bol-Bachans.
Meenal Mamdani
1 decade ago
Ms. Dalal is spot on, as always.

The onus is on the govt of India that allows such frauds to be perpetrated because of lax oversight by SEBI and atrociously slow justice by SAT - both institutions set up by the govt.

If Mr. Modi wants more investment to flow in from other countries, he has to overhaul the legal procedures that are cumbersome and dilatory.
Dipakkumar J Shah
1 decade ago
Such persons are habituated. They should be sebt to Jail.This reminds me a case of M S SHoes , And Padmini Polymers Limited public issue. M S Shoes Limited . Pavan Sachdeva was sent to Jail. Padmini Polymers Limited , the same modus operandi played by the Directors, No harm to the Directors of Padmini Polymers Limited!!! This is our Shabby SEBI!!!
Anil Agashe
1 decade ago
Why does SEBI sleep all the years when funds are being collected. They act too late and hardly recover the fines that they impose.
Deepak R Khemani
1 decade ago
I remember one lady CFO of a Co. who received an award of Best CFO during an award function saying that laws in India are designed to make the lawyers rich!
Ganesh Johnson
1 decade ago
Hi, Mr. Modi's real hard work lies ahead in getting rid of the "hidden" unfair advantages available to large corporates. The biggest one is the use of our judicial system. As mentioned in the article, the Judicial process is actually used as a business strategy advantage by many companies to delay certain decisions, to harass competitors and the government, and to generally use their army of lawyers to their business advantage purely by making a play on our inefficient judicial system. Why else would the lawyer tribe gain so much money and fame? I mean, what is the contribution of lawyers to this country's economy?
A S Bhat
1 decade ago
lawyers make money while no one else gains. the unsuspecting investors who were lured into such investments are the sufferers who should have been protected in time.
I totally agree with the views expressed in this article.
Free Helpline
Legal Credit
Feedback