End the ‘Bribe, Settle and Move-on’ Culture, To Win Perception Battle
Ten years ago, while discussing pervasive corruption in India, an industrialist from the engineering industry, with a very high reputation for integrity, candidly told me that ‘when it comes to my personal earnings, I am scrupulously correct, but if I insisted that my managers follow the same standards, they would not be able to do business’. 
 
This is probably why the Indian investors seem so nonchalant about Larsen & Toubro’s (L&T’s) role as facilitator of the bribe paid on behalf of Cognizant Technology Solutions Corporation, for projects in Chennai and Pune. Cognizant settled the bribery charge by paying up $25 million (without admitting or denying guilt) to the US Securities Exchange Commission (SEC). Two senior executives, who have since left the company, have been indicted on criminal charges under the Foreign Corrupt Practices Act of the USA. 
 
But L&T, which is the “construction firm responsible for building Cognizant’s 2.7 million square foot campus in Chennai,” referred to in the SEC release, simply brushed off the charge with a brazen statement that it will not comment on Cognizant’s decision to enter into a settlement. 
 
It told the stock exchange that it is “not aware of any evidence that supports our involvement in making the alleged improper payments. We confirm that neither we nor any of our employees are a party to the proceedings brought in the United States. We have no further comments to make on this issue.” 
 
Is anyone really shocked that a government official or a politician in India demanded a bribe? Hardly. Some political parties in Chennai have demanded details, but even proxy firms seem to be dismissing the Cognizant-L&T bribery episode as a cost of doing business in India.
 
But what does it signal when a government, which promised zero tolerance of corruption, fails to even order an inquiry? The National Democratic Alliance has amended the Prevention of Corruption Act (PCA) to give it more teeth and ensure faster investigation and resolution of cases. But no inquiry has been ordered in this case—not even by the capital market regulator.  
 
There is, indeed, a big element of blackmail when a politician or bureaucrat demands a bribe or needs his palms greased to issue permissions, licences, approvals or legitimate payments for work done. Companies, often, have to pay to escape harassment, meet project deadlines and production targets—usually with a clock ticking on loan repayments, payment of salaries, dividends, etc. Refusing to pay a bribe to an obdurate official has, sometimes, destroyed companies and, often, led to revengeful government officials entangling them in expensive and never-ending litigation.
 
So, I am not advocating moralistic action aimed at inflicting further punishment and humiliation on companies that are forced to bribe, but one that signals a resolve to end such extortion. This is important for ensuring real ‘Ease of Doing Business’, by allowing fast-growing companies to invest and create employment opportunities instead of being bogged down by bureaucracy and corruption. 
 
In this case, we need action against the government official whose demand for bribes held up a large project. Incidentally, this is not a local Chennai (Chennai) issue, because investigations had apparently revealed that Cognizant had to pay in Pune as well. 
 
A serious effort at ending corruption requires the government to signal that all corruption and extortive actions will be investigated and punished. It cannot be selective or on a case-by-case basis. Admittedly, such an expectation seems incongruous when top officials of the Central Bureau of Investigation (CBI) have been embroiled serious corruption charges and one was even convicted for contempt of court. 
 
Unfortunately, that episode, and a few others, has overshadowed one of the biggest achievements of the Narendra Modi government—its seriousness about resolving the biggest issue of non-performing assets in Indian banking Apart from bringing in the bankruptcy law (Insolvency & Bankruptcy Code), banks were allowed to pursue recovery without pressure or interference. Industrialists, auditors and central bankers all admit that the government’s firm commitment not to buckle under corporate pressure has, for the first time in decades, led to a change in management of large and viable companies through a judicial process. 
 
At a recent seminar that I attended in Kochi, a top auditor described how bankers and regulators were fully co-opted in the process of ever-greening bad loans.
 
He said, every time the auditor flagged a large account for slippage on payments, bankers rushed to the Reserve Bank of India (RBI) and, together, they formulated new schemes (CDR, SDR, CDR2, S4A, 5/25 or flexible structuring of long-term projects, etc.) to allow banks to avoid classifying them as bad loans. The industrialists usually lobbied the finance ministry to nudge RBI into helping with the cover up.
 
The NDA government had inherited a humungous problem with public sector banks (PSBs) which were on the brink. They were desperately in need of large capital infusions with bad loans running in excess of Rs8 lakh crore. But it needed great resolve and determination to permit investigation agencies to do their job. Even industrialists perceived to be close to the ruling government have been forced to liquidate assets and pay up and the only delaying tactics that have had limited success are efforts at gaming the judicial system.
 
This led to Neeraj Singal, promoter of Bhushan Steel, being the first big industrialist to do jail time. CBI caught him bribing the chairman of Syndicate Bank in August 2014. He was again arrested in August 2018 in an action by the serious frauds investigation office (SFIO) on the charge of allegedly having siphoned off Rs2,500 crore through scores of shell companies. Interestingly, Moneylife has reported the Singal family’s involvement in market manipulation for tax evasion through a network of shell companies. 
 
The Singals are also the only industrialist family to have actually lost two large companies—Bhushan Steel and Bhushan Power (under bankruptcy resolution)—under the IBC process. Bhushan Steel alone owed over Rs40,000 crore to 51 banks. This happened, despite the Singals trying every trick in the book to derail the process including proxy litigation. 
 
If Essar Steel is finally sold to the LN Mittal group later this week, it will be another big achievement. The fact that so many realty magnates (Unitech, Aamrapali, DS Kulkarni and others) have faced jail time is also because ready funding from banks and shadow banks, finally, came to a halt. It is interesting to note that the political opposition has had no role to play in demanding action against corruption. In fact, barring a letter from Mamata Banerjee on the Infrastructure Leasing & Financial Services (ILFS) collapse, they have been largely silent about the shenanigans of big industry. The only exception is Anil Ambani and that, too, is limited to the Rafale jet purchase. 
 
Why has this not translated into big perception gains for the government? Well, partly because new scams have erupted.  Some of these, like Gitanjali Gems, IL&FS, Nirav Modi and Suraj/Winsome Diamonds, are also a legacy of the previous governments. But the perception issue persists because the government hasn’t done enough to signal to the bankers that they will be accountable for new scams. 
 
The finance ministry has been touting its achievements of loan recovery (Rs2.75 lakh crore last year, tweets the secretary, department of economic affairs), but senior bankers tell us that loan write-offs continue to be very high and were at Rs2 lakh crore last year. Also, the bankruptcy process is not working beyond the top few accounts and recovery is 13.7%, according to the RBI’s report on Trends and Progress of Banking in India 2017-18
 
While PSBs are emerging out of the prompt corrective action phase, nothing has been done to stop the creation of new bad loans, putting in place stricter evaluation process or making heads of PSBs more accountable. It was chilling to hear past and present PSB heads, at a recent financial conclave, exude bumptious confidence about the ‘worst being over’ without any mention about how or why things will be different, now that they have a big infusion of public money (Rs48,000 crore most recently). 
 
Rooting out corruption is not about empowering the same corrupt officials with draconian powers to harass ordinary people and well-run businesses but sending a signal that every case of perceived corruption will be investigated and handled in a non-partisan manner. 
 
And that is why the complete silence over the Cognizant-L&T bribery issue and the failure to order even an investigation is disappointing and sends contrary signals about the fight against corruption. 
 
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COMMENTS

Suneet Bhargava

2 weeks ago

For 70 years you keep sleeping till 9 am now you expect person to rise at 5 am ,do running ,yoga ,lime water.It is a deeeming fiction.Things will change but not @ we desire.

REPLY

Harish Khattar

In Reply to Suneet Bhargava 2 weeks ago

Very well said.

rajee

2 weeks ago

Sensible advice by great journalist to government why no action on L&t

Gupta

2 weeks ago

Very pleased to see a transformation in the language of an ML article. Probably for the first time, it is not just critical, but also highlights some good things a govt has done. It is a very fair assessment to say that the govt inherited a legacy of corporate bad loans and several scams, which just came out in the open later and the fact that the govt didn't come in the way of saving any of these corporates and didn't accept their private meeting requests to take bribes and manage the system. Also fair to say that they didn't do much to avoid further creation of bad loans - simply the lack of ideas in a one man driven govt - its biggest failure. Slight difference of opinion I have on couple of points. Putting in a stricter evaluation process won't change anything with PSBs. Any process can be beaten with paperwork created to beat it. Issue with PSBs is that corruption runs deep and officials (like most other PSUs) believe in the mantra that I will either work with corruption or if you stop me from taking bribes, I'll not work at all. Who the hell in those organisations cares a damn about process or even common sense. Even today, they want to lend more to Jet airways after having seen over and over again what happens with a sinking airline. What process can give them some common sense? All a govt employee knows is to claim his rights with zero responsibilities. Also, while it is true that every case should be taken equally seriously to send a clear message against corruption, the sad reality is that the whole govt machinery is so corrupt that it is impossible to achieve that goal because there is no clean officer out there to implement cleaning so much filth. Keeping that in mind, I would think whatever distance this govt has covered is a great achievement by itself so far and its best to give them the benefit of doubt to hope Swacch Bharat will happen progressively. 70 years of filth will take at least 15-20 years or rather at least one generation of bureaucrats to retire i.e. 40 years before we see results. Sadly, that's the length of time we will have to patient just like we have been patient with the sick Gandhi family all these decades.

REPLY

Harish Khattar

In Reply to Gupta 2 weeks ago

Very good opinion.

sanjay modak

3 weeks ago

The corruption by Govt. officials or politicians is mainly based on the time factor in their hands to dispose of a proposal. They can delay a proposal indefinitely by giving hundreds of reasons, non-compliances and inadequacies in the proposal, etc. The real solution lies in drawing up a definitive requirements for a proposal, approval matrix for deviations and a time bound schedule for approvals with responsibility assigned to the respective Authorities that are authorised to approve. The officials should be punished in monetary terms (withholding of increments/promotions, etc.) for rejections on fragile grounds and not adhering to the timelines. A complaint mechanism should be put in place that would independently investigate and provide resolution in a time bound manner.


Unfortunately, what is lacking is the political/bureaucratic will to put in such a mechanism, for the obvious reasons.

REPLY

TC Gupta

In Reply to sanjay modak 3 weeks ago

1. The only solution is to book who give bribe .

2. Prime Minister should also give a call to general public like Swachh Bharat.
3. Charter Accountant s should be given moral lessons. Because without their help a large number of financial crimes can not be done. Even Banks advances require CA help in preparing bogus statement, project reports, Balance Sheets


Suketu Shah

3 weeks ago

Great article.
Once upon a time 5 yrs ago,a leader said "Khayga nahi,khane bhi nahi dega".We want to see this practically,not just as a slogan which is has turned out in 5 yrs.

REPLY

Gupta

In Reply to Suketu Shah 2 weeks ago

without these kind of slogans, an average indian won't vote for you. so some of this has to be done in the context of our illiterate democracy. easy to make commentary in the comfort of our arm chair.... better to see some tangible thought through implementable suggestion on how it can be done when 95%+ of govt machinery is corrupt... just think about practical aspect of how to clean such a system. whole system will work together to get you out.... progress on such issues will always be gradual, not overnight. and there is no doubt this govt has been miles ahead of any other govt in reducing corruption, though not eliminating it. moreover, unless indians start making meaningful donations to political parties, there will always be some amount of corruption to fund their election budgets... think of how many people you know who go and give donations to a political party... zero would be the best guess for anyone around us.

TC Gupta

In Reply to Suketu Shah 3 weeks ago

One thing if done I.e. Narendra Modi appeal to general public not to give bribe.
Due his comments railway TT have stopped taking bribe in giving berth.

Ramesh Poapt

3 weeks ago

excellent!

AAR

3 weeks ago

1. Corruption is supported by Politicians, Government employees, Police and Court.
2. NO real estate company can function without paying money to politician, government employees, police, rowdies and even Banks, if they get loans.
3. But when caught, only the promoters are caught and rest escape. Its not fair.

REPLY

Ram

In Reply to AAR 3 weeks ago

True

Shrikant

3 weeks ago

Corruption is in the blood of Indians...

Phillip Commodities barred from commodity broking
SEBI has barred Phillip Commodities India from commodity broking following probe into the Rs 5,600 crore NSEL scam.
 
Phillip Commodities is the latest brokerage firm to feel the Securities and Exchange Board of India's (SEBI) heat. The order issued late on Wednesday declared the firm unfit to operate as a commodity derivatives brokerage.
 
Prior to this, the commodity arm of Motilal Oswal, India Infoline, Anand Rathi and Geofin Comtrade were barred from operating in the commodity derivatives segment.
 
SEBI is probing as many as 300 brokers for violating rules colluding with the National Spot Exchange Ltd (NSEL) to defraud investors. 
 
The order signed by Madhabhi Puri Buch, whole time member of SEBI said, "I, in exercise of the powers... declare that the noticee is not a fit and proper person to hold, directly or indirectly, the certificate of registration as commodity derivatives broker." 
 
"The noticee (Phillip Commodities India Pvt) shall cease to act, directly or indirectly, as a commodity derivatives broker."
 
The order rejected the application filed by Phillip Commodities India and received by SEBI on December 16, 2015, for registration as commodity derivatives broker.
 
The order shall come into force with immediate effect, it said.
 
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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SEC asks judge to hold Elon Musk in contempt
The Securities and Exchange Commission has asked a US federal judge to hold Tesla CEO Elon Musk in contempt for violating a settlement deal reached last year.
 
The development on Monday comes in response to Musk's tweet on February 19 that "Tesla made 0 cars in 2011, but will make around 500k in 2019". Hours later, the billionaire sent a follow-up tweet indicating that the company will actually deliver just 400,000 cars this year, CNN reported.
 
Although Musk corrected his mistake, regulators slammed the Tesla CEO because he "once again published inaccurate and material information about Tesla to his over 24 million Twitter followers".
 
The SEC on Monday noted that he did not ask for or receive company approval before publishing his tweet.
 
According to an October 2018 settlement with the SEC, Musk needs to receive pre-approval of any social media posts with information that's "material" to shareholders. 
 
Tesla, in response, agreed to establish a board committee to oversee those posts.
 
The SEC said in court papers on Monday that Musk had not "made a diligent or good faith effort" to comply with the settlement. 
 
The court filing sent Tesla's stock down more than 4 per cent in after hours trading.
 
On Monday night, Musk tweeted that the SEC "forgot to read Tesla earnings transcript, which clearly states 350k to 500k. How embarrassing".
 
If a court finds Musk violated the settlement, the billionaire could face fines of up to $1,000 per day from when the court issued the order until it rules that he was in full compliance.
 
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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