Saturday, March 16, 2013

Cobrapost sting fallout: ICICI Bank suspends 18 staff


ICICI Bank was one of three private banks that face money-laundering charges. AFP


F P :Mar 16, 2013


ICICI Bank suspended 18 employees on Friday, a day after the lender and two of its peers were accused of indulging in money-laundering activities.
The suspension has been effected pending the bank’s investigation into money-laundering charges, sources in ICICI told PTI. The probe is expected to be completed in two weeks.
Three of the the country’s largest private banks, including ICICI Bank, were on Thursday accused by online portal Cobrapost of indulging in money-laundering;  Cobrapost had unveiled the sensational findings and backed it up with sting video.
Cobrapost had at a press conference played out the sting video, which showed officials of the three private banks, including ICICI Bank, agreeing to receive large sums of cash and channel them into their investment schemes through benami accounts in violation of anti-money-laundering laws.
The video footage shows a number of senior executives of the three banks orally agreeing to take huge amounts of cash from the undercover reporter and channel them into a variety of long-term investment plans so that the black money ultimately is converted into white. However, no account was actually opened; nor was any cash deposited in these banks.
After the sting operation was played out, ICICI Bank said it had constituted a high-level inquiry, and that its report would be submitted in two weeks.
“ICICI group conducts its business with the highest level of compliance to legal and regulatory requirements. All employees of the group are trained and required to adhere strictly to the Group Code of Conduct, including AML and KYC norms,” the bank had said.
PTI
Money laundering allegation: Axis Bank initiates probe
ZeebiZ : Saturday, March 16, 2013, 11:57

New Delhi: Private sector lender Axis Bank on Saturday said it has asked 16 concerned officials to report to administrative offices, pending investigation which has been initiated with regard to alleged money laundering activities.

"The bank has initiated an internal enquiry. Pending outcome of the enquiry, we have asked 16 concerned employees to report to administrative offices," sources in the Axis Bank said.

Country's three largest private banks -- ICICI Bank, HDFC Bank and Axis Bank -- were accused of indulging in money laundering both within and outside, with an online portal Cobrapost claiming that a sting operation conducted by it has revealed a money laundering scam.

On Friday, ICICI Bank suspended 18 concerned officials till investigations are completed.

Earlier this week, the portal Cobrapost had played the contents of a purported video recording of officials of private banks including Axis Bank, allegedly agreeing to receive unverified sums of cash and put them in their investment schemes and benami accounts in violation of anti-money laundering laws.

The footage taken in 'Operation Red Spider', purportedly shows a number of senior executives of the three banks verbally agreeing to take huge amounts of cash from the undercover reporter and putting them into a variety of long-term investment plans so that the black money ultimately is converted into white.

However, neither any account was opened nor any cash deposited in these banks.

Soon after the revelation, the bank in a statement had said "Axis Bank has systems and processes that are robust and fully compliant with extant regulations...We are confident that all our businesses will live up to the high standards we have set for ourselves as a bank." 

PTI
Finance Minister P Chidambaram. Image courtesy PIB


Why banks’ heads can’t plead innocence



Venky Vembu:FP : Mar 15, 2013

In the end, all it took to pull down the shiny reputations of three of India’s most high-profile private banks was one intrepid reporter with a sting camera – and a yarn about wanting to launder money on behalf of a leading politician.
The images of front-office staff and middle-level managers at the branches of banks and insurance companies across India virtually gloating about their experience of handling dubious cash transactions on behalf of their other shadowy customers to get them of the taxman’s radar make a mockery of any claims that these banks may make to abiding by ethical business practices. “HDFC Bank exists merely to eat up black money,” preens a bank manager in Delhi. “I myself counted Rs 90 lakh in cash at this very table,” squeals a young lady at another bank.
What the Cobrapost sting video reveals is that the Standard Operating Procedures for money-laundering by these banks (and, almost certainly, others as well) have been refined to a high art, which points to the institutionalisation of the process within the banks. It is perhaps this that lulled the staff into a sense of complacency into being rather more indiscreet than was warranted when a potential customer walked in with the promise of bringing Rs 50 lakh worth of funny money onto their balance sheet.


All three banks have pledged to conduct investigations into the damning sting video allegations, and reiterated their commitment to the pursuit of ethical business.
Yet, only the incredibly naïve will believe that these middle-level managers and the lower-rung staff put their jobs on the line in so blatantly soliciting shady business – or that those higher up the hierarchy did not have even the faintest inkling of precisely how all that new business was being drummed up. Bank employees are, of course, set punishing targets for new business, and anyone who wants to climb up the greasy pole—and who doesn’t?—has an incentive to go rogue. But just the breezy manner in which they operated – in packs, in some cases – and the fact that so many of them (across cities) were ready to put themselves out on a limb tells a rather more sordid story: that these were the accepted norms within these banks, rather than the excesses of a rogue employee.
It’s very likely that, as happened in the wake of the Harshad Mehta stock market scandal of 1992 and the Ketan Parekh scam of 2001, the lower-level bank functionaries who were caught on camera in this case will be eased out, with a compensation big enough to buy their silence for eternity. That ought to serve as a warning to those at the bottom of the food chain: that the “oral orders” that they receive from their superiors to bend the rules don’t count for much when the game is up. Those on top will walk free, leaving them to carry the can.
Yet, for all the deniability that the heads of these banks—and the regulators—have given themselves, they cannot entirely escape the taint of the scandal. Chairman and CEOs are, of course, not in on day-to-day transactions, nor should they be. But, as stakeholders in the brand equity of the bank, they must decidedly bear the cross for the wholesale failure of governance and ethical practices mechanism that the expose represents. To claim that they didn’t know mischief was afoot or that it didn’t have even their tacit consent sounds incredulous. But even if that were true, the buck stops with them.
In his first, and only public comments thus far in response to the Cobrapost sting, Chidambaram observed on Thursday that he had spoken to the chairman of two of the banks (the third, he said, was travelling overseas), but that the government wasn’t “jumping to conclusions” about the sensational disclosures.
Coming from a finance minister who has—rightly—been deploying the carrot-and-stick approach to bring tax evaders into the net, and fairly successfully at that, that remark is considerably underwhelming.

 Under his watch, the Income Tax Department is going after high-rolling big spenders who have thus far been flying beneath the taxman’s radar – and, as he himself acknowledged on Thursday, that effort is yielding dividends, as reflected in the spike in the number of income-tax assessees this year.
But that same earnestness about going after tax-evaders seems to be lacking in Chidambaram’s response to the sting video, which establishes the widespread prevalence of rather more big fish—and politically connected ones at that—that are being helped by some of India’s biggest banks to dodge the tax net. This is doubly galling because Chidambaram is not unaware of the nature of the problem: after all, he introduced the Banking Cash Transaction Tax some years ago, solely to disincentivise cash transactions that were become conduits for channeling—and laundering—black money. (Of course, he was forced to backtrack on that provision, just in time for the 2009 elections.)
One would have therefore expected him to respond with a trifle more alacrity to the sting video’s sensational revelations of big banks helping the big fish to evade tax and launder black money. It might also help for Chidambaram to call the heads of these banks and the banking regulator to account – and not buy too readily into their anticipated denials and disavowals that these were aberrations of rogue employees of which they knew nothing. The Cobrapost video lays bare the rotten innards of the banking system, and holds an unflattering mirror to some of India’s leading financial institutions.
 Chidambaram’s response to this will determine how serious he is about going after the big moneybags that are making a mockery of the system.

Thought For The Day

RBI, FinMin take notice





PTI : The Hindu : CHENNAI, March 14, 2013


The Reserve Bank of India (RBI), on Thursday, said that it was collecting information regarding the alleged acts of laundering.

However, it added that no show-cause notice had been issued as of yet.

“The RBI is in touch with the banks, while we have not issued a show-cause notice, we are still collecting information,” Reserve Bank of India Deputy Governor Urjit Patel said.

The Finance Ministry also said that it was waiting for more details on the issue and that action could only be taken after getting feedback.

“The Reserve Bank of India has contacted the banks involved.. we have asked for more details on the expose,” Banking Secretary Rajiv Takru said.

Mr. Takru indicated that corrective action could be taken only after getting feedback from the three concerned lenders. Finance Minister P Chidambaram said two of the banks have denied the charges and added that the government would not jump to conclusions.

Why the Cobra’s sting will not poison any of the banks




n India, like anywhere else in the world, most banks are too big to fail and big bankers are too big to jail.
In India, like anywhere else in the world, most banks are too big to fail and big bankers are too big to jail.

FP:R Jagannathan :Mar 15, 2013


If there is one prediction one can make about theCobraPost sting that exposed HDFC Bank, ICICI Bank and Axis Bank managers as being more than willing to help people launder money, it is this: after everything is said and done, more will be said than done.
A few low-level bank officials may be hauled over the coals, but the banks themselves will get away scot-free.
Consider what the government and the RBI have said so far in what appears to be an open-and-shut case, assuming the sting tapes are proven to be authentic: the government has said that it is asking for “more details”, and the Reserve Bank Deputy Governor has said that “we are still collecting information,” reports The Hindu.
In due course, show cause notices will be issued, RBI officials will inspect the books of banks, the taxman will pore over the numbers and the banks themselves will probably get fined. But the issue will be a buried after a few months with minor collateral damage (a few suspensions of bank officials, even some sackings, but nothing more).
This may sound cynical, but there is a certain logic to it: in India, like anywhere else in the world, most banks are too big to fail and big bankers are too big to jail. Regulators are wary of being too harsh, for fear of scaring the public away from banks. If the public starts worrying about the safety of its money, there will be a run that no one can afford.
Banks that are too small to escape action are usually allowed to merge, and their crooked bosses simply scamper away in the darkness.
This has been the story with every major scam in India after the reforms. In fact, it would not be wrong to say that every scam has a banking angle to it. Reason: scams involve money, and money is what banks handle.
However, while some of the principal scamsters may go to jail or stay tainted forever, the bankers who aid or abet the scam – unless they happen to be very small fry – usually walk off into the sunset quietly or escape with little more than a rap on the knuckles. In fact, the system goes out of its way to dub all bank scams as some other scams, even stock market scams, but never as bank scams.
Let’s start with the major scams after liberalisation in 1991.
The first one to break cover was the Harshad Mehta scam. When Manmohan Singh freed interest rates on government securities, the resulting rise in rates sent banks’ existing holdings of government bonds down. Faced with huge portfolio losses (when rates rise, the prices of securities fall to adjust for yields), banks tried to recoup the losses by making money in stocks – something they couldn’t afford to do legally. This is where Harshad Mehta walked in offering to help.
He stole banks’ securities, used them as collateral to raise more money, invested the money in stocks, made money on stocks and then returned the securities and the money to banks with higher returns. He tried to gift profits to banks using their own money.
This Ponzi scheme could not go on forever. Banks were willing collaborators with Mehta in the beginning, but when the music stopped, it was Mehta who went to jail. The State Bank of India, Citibank and Standard Chartered were all in the thick of it, but none of them received anything more than a fine and a rap on the knuckles. In the end, the bank scam got dubbed as a stockmarket scam and everybody was happy. Mehta died in jail.
Then came the Ketan Parekh scam during the NDA regime. This stockbroker was ramping up the shares he was punting on – among them Himachal Futuristic, GTL, Zee Telefilms (now Zee Entertainment), Satyam Computer, Pentamedia, Silverline Technologies, etc.
Around the same time, Global Trust Bank, which had Ramesh Gelli as CEO, had been losing money on its bad loans. To recoup some of it, GTB threw caution to the winds and lent heavily to market players since this was more profitable than lending to other borrowers. But this could have helped only if the market continued booming, which didn’t happen. As the market crashed, GTB was left with huge potential losses and its own share prices started falling. It tried to merge with UTI Bank (now Axis) and failed. It had to be rescued when the Reserve Bank put a shotgun wedding through with the public sector Oriental Bank of Commerce.
GTB’s wrong lending practices were a bank scam, but the idea got subsumed in Ketan Parekh’s stock scam, which too came to an ignominious end with the market crash. Parekh slunk off into the darkness, but is alleged to be operating covertly.
Or take the IPO scam of 2005-06, where several individuals were shown to be opening multiple demat accounts with banks in order to increase their chances of share allotment in a booming market. When Sebi discovered the scam, the RBI had to act.
It did, but guess what? The seven banks who got caned were fined paltry sums of Rs 5-20 lakh each. That’s chickenfeed for them. The banks involved were ICICI Bank, Citibank, Standard Chartered, HDFC Bank, Vijaya Bank, Bharat Overseas Bank and Indian Overseas Bank. Five private banks, and two public sector ones.
Or take the Satyam case. True, promoter B Ramalinga Raju’s confession said that he had overstated cash and bank balances of more than Rs 5,000 crore in January 2009.
But would banks have not known he didn’t have enough cash in their accounts? The Indian banks who were allegedly holding Satyam’s fixed deposits were Bank of Baroda, BNP Paribas, Citibank, HDFC Bank, HSBC and ICICI Bank – its principal bankers.
When Satyam was claiming so much in fixed deposits, and little of it was showing up in their books, would any banker not have known that something was amiss?
But bankers always look the other way when it is somebody else’s scam, and they themselves don’t face any losses. They never rock the boat if they are making some money too, never mind the illegalities involved.
There is no way bankers could not have suspected Satyam’s fibbing; but they chose to keep quiet.
Coming to the CobraPost sting, the RBI could easily have suspected that when there is so much black money sloshing about in the system, a lot of it will be with banks.
Money has to go somewhere – and even if it is invested in other assets like gold or real estate, it has to pass through banks.
The public perception about black money is that it is somehow different from white money. The only difference is taxes paid. Actually, white and black keep mutating depending on who is using the money.
When I earn a salary, it is white and tax-paid. If I pay my broker in cash for a house I am buying, a part of it becomes black. But when the broker buys, say, groceries with the cash at a mall, the money again become white. And so on. No bit of currency is permanently white or black.
It would thus be surprising if the government and the RBI did not know what was happening with not only HDFC, ICICI and Axis Bank, but also with some of the nationalised banks which are under pressure to raise cheap deposits. The chances are they know and prefer to keep quiet.
In the 2G, Commonwealth and Coalgate scams, the money would have passed through the banking system – either at home or abroad – but the cash trail has gone cold and no bank is in the dock for it.
Banks too know that they are too important to be rattled by the powers-that-be.
 Nothing big banker is going to be poisoned by the CobraPost sting.


Mukesh Ambani to step down from BofA board

AFP



FP: :Mar 16, 2013

Bank of America Corp said on Friday that Mukesh Ambani, chairman of Reliance Industries Ltd, will step down from the No. 2 US bank’s board of directors at its annual shareholder meeting in May.


Ambani joined Bank of America’s board in March 2011, bringing global experience to a bank known for its US consumer business. He will take a seat on the bank’s new, non-fiduciary global advisory council made up of 13 businesses, academic and policy leaders.
Ambani, 55, joins former Morgan Stanley executive Robert Scully in announcing plans to leave Bank of America’s 18-member board this spring. The bank has added six directors since August in anticipation of planned departures, including by board members reaching the traditional retirement age of 72.
Reuters