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Politics, Law,Government, andJudiciary
Law
Legal Issues andLaw in Everyday Life
Fraud
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10 Answers
What was the Harshad Mehta scam?Please explain with a hypothecial example.
RELATED QUESTIONS
What were the amendments in the law
after Harshad Mehta's 1992 scam? How
did these amendments fail to stop the
Ketan Parek...
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Harshad Mehta?
Was CitiBank the mastermind behind th
Harshad Mehta scam?
Was the scam done by Harshad Mehta
really helpful in attracting the people of
India towards the stock market?
Was Harshad Mehta wrong?
Which strategy was applied by the
Harshad Mehta in the securities scam?
What are some facts about Harshad
Mehta?
What was the modus operandi of the
Harshad Mehta scam?
What is the Harshad Mehta stock marke
fraud case?
Scams in India: What exactly was the
Bofors Scandal and who were the key
players involved?
I'll try to answer this in a simple language.
Let's say we have three banks A, B and C. And a broker X. And obviously, the
government.
Now the banks want to make as much profit as they can by using the money
just the way they want. And the government wants to regulate them by making
it compulsory for them to invest someof the money in Government bonds. So
the government puts a simple rule that at the end of every day, A,B and C have
to show them a balance sheet and a minimum amount has to be invested in
bonds.
The banks do it for some time but they ask the government for some kind of
relaxation. So a new rule comes where you need to show the balance sheet only
on Fridays. The average amount per day in the bonds has to be over the fixed
amount, however, there is no such limit on the daily amount now.
Now X comes into the scenario. Since A would sell some bonds to invest
elsewhere and B may buy some bonds as well, the bankswill now have d ifferent
amounts of money invested in bonds everyday and somewill have less while
some will have more. But all of them need to have that minimum amount on
Friday, so the banks with lesser amounts, i.e, A in this case, would need to buy
the bonds to keep up with the average.
So what does A do? It contacts X to get it some bonds from either B or C.
X is a trusted broker and all the banks know him pretty well. So X tells A that
he'll get the bonds but right now he isn't sure that from whom will the bonds
come, B or C. So instead of making the cheque on the bank's name, A should
sign the cheque for X. (Which was illegal, BTW).
So A does that. Now X goes to B and ask for the bonds and using the power of
trust, X tells B that he'll pay the money the next day to which B agrees because
he also offered a good return on the money. See, bonds are important, money
may come later too.
Using this trick, X makes sure he always has some money with him.
Now comes part two. The money he had, he invested heavily in the stock
market to create a turmoil, specifically for a few companies like ACC. The
market saw a huge run like never before and share prices of ACC and some
others went over the tops.
Once he knew the market was at a peak, he started profit making and markets
crashed. The bank people who were involved with him in the illegal acts
panicked and one of them even committed suicide.
Shubham Choudhary, Procrastinator. Writer. Freeloader. And hey, Top
Writer too.
Sign Search for questions, people, and topics
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More Answers Below. Related Questions
What were the amendments in the law after Harshad Mehta's 1992 scam? How
did these amendments fail to stop the Ketan Parekh 2001 scam?
Image credit: Page on slidesharecdn.com
This is to note that it was a very simple explanation where I tried to avoid the
terms like BR andFR(Ready Forwardand Bank Receipt). For a more
detailed explaination, you can check the below links.
HARSHAD MEHTA'S SCAM
Harshad Mehta Scam
Harshad was an intelligent Broker and he knew the exact loopholes with the
Indian economy and the banking system. It's a shame that he used it for the
wrong reasons.
As the a fter effects of this scam, around a sum of Rs 4000 crore was mulcted.
And tha t is in the 90s so you can imagine the value of such a sum today.
The then PM, Narsimha Rao was accused of Bribery.
Many people were bankrupted and committed suicide.
The concept of Bank receipt was finally removed and many other measures
were taken.
34,320 views 276 upvotes Updated 8 Jun, 2014
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What are some mindblowing facts about Harshad Mehta?
Was CitiBank the mastermind behind the Harshad Mehta scam?
Was the scam done by Harshad Mehta really helpful in attracting the people of
India towards the stock market?
Was Harshad Mehta wrong?
Harshad Shantilal Mehta was born in a Gujarati Jain family of modestmeans. His early childhood was spent in Mumbai where his father was a small-
time businessman. Later, the family moved to Raipur in Madhya Pradesh after
doctors advised his father to move to a drier place on account of his indifferent
health. But Raipur could not hold back Mehta for long and he was back in the
city after completing his schooling, mu ch against his fathers wishes.
Mehta first started working as a dispatch clerk in the New India Assurance
Company. Over the years, he got interested in the stock markets and along with
brother Ashwin, who by then had left his job with the Industrial Credit and
Investment Corporation of India, started investing heavily in the stock market.
Mehta gradually rose to become a stock broker on the Bombay Stock
Exchange, who did very well for himself. At his peak, he lived almost like a
movie star in a 15,000 square feet house, which had a swimming pool as well
as a golf patch. He also had a taste for flashy cars, which ultimately led to his
downfall.
RISE OF MEHTA
The year was 1990. Years had gone by and the driving ambitions of a young
man in the faceless crowd had been realised. Harshad Mehta was making
waves in the stock market. He ha d been buying shares heavily since the
beginning of 1990. The shares which attracted attention were those of
Associated Cement C ompany (ACC) , write the a uthors. The p rice of ACC was
bid up to Rs 10,000. For those who asked, Mehta ha d the replacement cost
theory as an explanation. The theory basically argues that old companies
should be valued on the basis of the amount of money which would be requiredto create another such company.
Mehta was the darling of the business media and earned the sobriquet of the
Big Bull, who was said to have started the bull run. But, where was Mehta
getting his endless supply of money from? Nobody had a clue.
FRAUD COMMITTED
The crucial mechanism through which the scam was effected was the ready
forward (RF) deal. The RF is in essence a secured short-term (typically 15-
day) loan from one bank to another. Crudely put, the bank lends against
government securities just as a pawnbroker lends against jewellery.The
borrowing bank actually sells the securities to the lending bank and buys them
back a t the end of the period of the loan, typically at a slightly higher price.It was this ready forward deal that Harshad Mehta and his cronies used with
great success to channel money from the banking system.
A typical ready forward deal involved two banks brought together by a broker
in lieu of a commission. The broker handles neither the cash nor the securities,
though that wasnt the case in the lead-up to the scam.
In this settlement process, deliveries of securities and payments were made
through the broker. That is, the seller handed over the securities to the broker,
who pa ssed them to the buyer, while the buyer gave the cheque to the broker,
who then made the payment to the seller.
In this settlement process, the buyer and the seller might not even know whom
they had traded with, either being know only to the broker.
Saurabh Kothari
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This the brokers could manage primarily because by now they had become
market makers and had started trading on their account. To keep up a
semblance of legality, they pretended to be undertaking the transactions on
behalf of a bank.
Another instrument used in a big way was thebank receipt (BR). In a ready
forward deal, securities were not moved back and forth in actuality. Instead,
the borrower, i.e. the seller of securities, gave the buyer of the securities a BR.
a BR confirms the sale of securities. It acts as a receipt for the money receivedby the selling bank. Hence the name - bank receipt. It promises to deliver the
securities to the buyer. It also states that in the mean time, the seller holds the
securities in trust of the buyer.
Having figured this out, Metha needed banks, which could issue fake BRs, or
BRs not backed by any government securities. Two small and little known
banks - the Bank of Karad (BOK) and the Metorpolitan Co-operative Bank
(MCB) - came in handy for this purpose.
Once these fake BRs were issued, they were passed on to other banks and the
banks in turn gave money to Mehta, obviously assuming that they were lending
against government securities when this was not really the case. This money
was used to drive up the prices of stocks in the stock market. When time came
to return the money, the shares were sold for a profit and the BR was retired.
The money due to the bank was returned.
The game went on as long as the stock prices kept going up, and no one had a
clue about Mehtas modus operandi. Once the scam was exposed, though, a lot
of banks were left holding BRs which did not have any value - the banking
system had been swindled of a whopping Rs 4,000 crore.
Mehta made a brief comeback as a stock market guru, giving tips on his own
website as well as a weekly newspaper column. This time around, he was in
cahoots with owners of a few companies and recommended only those shares.
This game, too, did not last long.
Interestingly, however, by the time he died, Mehta had been convicted in only
one of the many cases filed against him.2,524 views 16 upvotes Written 20 Feb, 2015 Asked to answer by Isha Jain
Thanks for A2A.
Its a scam of 90s. By the year 1990, Harshad Mehta became a prominent name
in the Indian stock market. He started buying shares heavily. The shares of
India's foremost cement manufacturer Associated Cement Company (ACC)
attracted him the most and the scamster is known to have taken the price of
the cement company from 200 to 9000 (approx.) in the stock market
implying a 4400% rise in its price. It is believed that It was later revealed that
Mehta used the replacement cost theory to explain the reason for the high-level
bidding. The replacement cost theory basically states that older companies
should be valued on the basis of the amount of money that would be needed to
create another similar company. By the latter half of 1991, Mehta had come to
be called the Big Bull as people credited him with ha ving initiated the Bull
Run.
Mehta, along with his associates, was accused of manipulating the rise in the
Bombay Stock Exchange (BSE) in 1992. They took advantage of the many
loopholes in the banking system and drained off funds from inter-bank
transactions. Subsequently, they bought huge amounts of shares at a premium
across many industry verticals causing the Sensex to rise dramatically.
However, this was not to continue. The exposure of Mehta's modus operandi
Anurag Parihar, Cricketer, Convival, Fitness Freak, Atheist, Ambitious
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led banks to start demanding their money back, causing the Sensex to plunge
almost dramatically as it had risen. Mehta was later charged with 72 criminal
offences while over 600 civil action suits were filed against him. Significantly,
the Harshad Mehta security scandal also became the flavor of Bollywood with
Sameer Hanchate's film Gafla.
Mehta's illicit methods of manipulating the stock market were exposed on April
23, 1992, when veteran columnist Sucheta Dalal wrote an article in India's
national daily The Times of India. Dalals column read: The crucial
mechanism through which the scam was effected was the ready forward (RF)
deal. The RF is in essence a secured short-term (typically 15-day) loan fromone bank to another. Crudely put, the bank lends against government
securities just as a pawnbroker lends against jewelers. The borrowing bank
actually sells the securities to the lending bank and buys them back at the end
of the period of the loan, typically at a slightly higher price. In a ready-
forward deal, a broker usually brings together two banks for which he is paid a
commission. Although the broker does not handle the cash or the securities,
this was not the case in the prelude to the Mehta scam. Mehta and his
associates used this RF deal with great success to channel money through
banks.
The securities and payments were delivered through the broker in the
settlement process. The broker functioned as an intermediary who received the
securities from the seller and handed them over to the buyer and he received
the check from the buyer and subsequently made the payment to the seller.
Such a settlement process meant that both the buyer and the seller may not
even know the identity of the other as only the broker knew both of them. The
brokers could manage this method expertly as they had already become market
makers by then and had started trading on their account. They pretended to be
undertaking the transactions on behalf of a bank to maintain a faade of
legality.
Mehta and his associates used another instrument called the bank receipt
(BR). Securities were not traded in reality in a ready forward deal but the seller
gave the buyer a BR which is a confirmation of the sale of securities. A BR is a
receipt for the money received by the selling bank and pledges to deliver the
securities to the buyer. In the meantime, the securities are held in the sellers
trust by the buyer.
Armed with these schemes, all Mehta needed now were banks which wouldreadily issue fake BRs, or ones without the guarantee of any government
securities. His search ended when he found that the Bank of Karad (BOK),
Mumbai and the Metropolitan Co-operative Bank (MCB) two small and little
known lenders, were willing to comply. The two banks agreed to issue BRs as
and when required. Once they issued the fake BRs, Mehta passed them on to
other banks who in turn lent him money, under the false assumption that they
were lending aga inst government securities. Mehta used the money thus
secured to enhance share prices in the stock market. The shares were then sold
for significant profits and the BR retired when it was time to return the money
to the bank.
Mehta continued with his manipulative tactics, triggering a massive rise in the
prices of stock and thereby creating a feel-good market trajectory. However,
upon the exposure of the scam, several banks found they were holding BRs of
no value at all. Mehta had by then swindled the banks of a staggering Rs 4,000
crore. The scam came under scathing criticism in the Indian Parliament,
leading to Mehta's eventual imprisonment. The scams exposure led to the
death of the Chairman of the Vijaya Bank who reportedly committed suicide
over the exposure. He was guilty of having issued checks to Mehta and knew
the backlash of accusations he would have to face from the public.
2,384 views 5 upvotes Written 23 Jun Asked to answer by Priya Gupta
Harshad Mehta & Ketan Parekh Scam
Anonymous
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Harshad Mehta: the high-profile stockbroker
Harshad Shantilal Mehta (1954-2002) was an Indian stockbroker who
grabbed headlines for the notorious BSE security scam of 1992. Born in a
lower middle-class Gujarati Jain family, Mehta spent his early childhood in
Mumbai where his father was a small-time businessman. The family relocated
to Raipur in Chhattisgarh after doctors advised Mehtas father to shift to a
drier place on account of his health.
Transition from an ordinary broker to Big BullMehta studied in Holy Cross Higher Secondary School, Byron Bazar, Raipur.
He quit his job at The New India Assurance Company in 1980 and sought a
new one with BSE-affiliated stockbroker P. Ambalal before going on to become
a jobber on the BSE for stockbroker P.D. Shukla. In 1981, Mehta became a
sub-broker for stockbrokers J.L. Shah and N andalal Sheth. Having gained
considerable experience as a sub-broker, he teamed up with his brother Sudhir
to float a new venture called Grow More Research and Asset Management
Company Limited. When the BSE auctioned a brokers card, the Mehta duos
company bid for it with the financial support of J.L. Shah and N andalal
Sheth. Another name that is rumored to have a crucial hand in the scam was
Nimesh Shah. However, Shah could keep a safe distance from the accusations
and is currently known to be a heavy player in the Indian stock market.
By year 1990, Mehta became a prominent name in the Indian stock market.
He started buying shares heavily. The shares of India's foremost cement
manufacturer Associated Cement Company (ACC) attracted him the most
and the scamster is known to have taken the price of the cement company
from 200 to 9000 (ap prox.) in the stock market implying a 4400% rise in
its price. It is believed that It was later revealed that Mehta used the
replacement cost theory to explain the reason for the high-level bidding. The
replacement cost theory basically states that older companies should be valued
on the basis of the amount of money that would be needed to create another
similar company. By the latter half of 1991, Mehta had come to be called the
Big Bull as people credited him with having initiated the Bull Run.
The making of the 1992 security scam
Mehta, along with his associates, was accused of manipulating the rise in the
Bombay Stock Exchange (BSE) in 1992. They took advantage of the manyloopholes in the banking system and drained off fund s from inter-bank
transactions. Subsequently, they bought hug e amounts of shares at a premium
across many industry verticals causing the Sensex to rise dramatically.
However, this was not to continue. The exposure of Mehta's modus operandi
led banks to start demanding their money back, causing the Sensex to plunge
almost dramatically as it had risen. Mehta was later charged with 72 criminal
offences while over 600 civil action suits were filed against him. Significantly,
the Harshad Mehta security scandal also became the flavor of Bollywood with
Sameer Hanchate's film Gafla.
The 1992 security scam and its exposure
Mehta's illicit methods of manipulating the stock market were exposed on
April 23, 1992, when veteran columnist Sucheta Dalal wrote an article in
India's national daily The Times of India. Dalals column read: The crucial
mechanism through which the scam was effected was the ready forward (RF)
deal. The RF is in essence a secured short-term (typically 15-day) loan from
one bank to another. Crudely put, the bank lends against government
securities just as a pawnbroker lends against jewelers. The borrowing bank
actually sells the securities to the lending bank and buys them back at the end
of the period of the loan, typically at a slightly higher price. In a ready-
forward deal, a broker usually brings together two banks for which he is paid a
commission. Although the broker does not handle the cash or the securities,
this was not the case in the prelude to the Mehta scam. Mehta and his
associates used this RF deal with great success to channel money through
banks.
The securities and payments were delivered through the broker in the
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8/22/2015 What was the Harshad Mehta scam? - Quora
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settlement process. The broker functioned as an intermediary who received the
securities from the seller and handed them over to the buyer and he received
the check from the buyer and subsequently made the payment to the seller.
Such a settlement process meant that both the buyer and the seller may not
even know the identity of the other as only the broker knew both of them. The
brokers could manage this method expertly as they had already become
market makers by then and had started trading on their account. They
pretended to be undertaking the transactions on behalf of a bank to maintain
a faade of legality.
Mehta and his associates used another instrument called the bank receipt
(BR). Securities were not traded in reality in a ready forward deal but theseller gave the buyer a BR which is a confirmation of the sale of securities. A
BR is a receipt for the money received by the selling bank and pledges to
deliver the securities to the buyer. In the meantime, the securities are held in
the sellers trust by the buyer.
Complicit lenders
Armed with these schemes, all Mehta needed now were banks which would
readily issue fake BRs, or ones without the guarantee of any government
securities. His search ended when he found that the Bank of Karad (BOK),
Mumbai and the Metropolitan Co-operative Bank (MCB) two small and little
known lenders, were willing to comply. The two banks agreed to issue BRs as
and when required. Once they issued the fake BRs, Mehta passed them on to
other banks who in turn lent him money, under the false assumption that they
were lending aga inst government securities. Mehta u sed the money thu s
secured to enhance share prices in the stock market. The shares were then sold
for significant profits and the BR retired when it was time to return the money
to the bank.
Outcome
Mehta continu ed with his manipulative tactics, triggering a massive rise in the
prices of stock and thereby creating a feel-good market trajectory. However,
upon the exposure of the scam, several banks found they were holding BRs of
no value at all. Mehta had by then swindled the banks of a staggering Rs
4,000 crore. The scam came under scathing criticism in the Indian
Parliament, leading to Mehta's eventual imprisonment. The scams exposure
led to the death of the Chairman of the Vijaya Bank who reportedly
committed suicide over the exposure. He was guilty of having issued checks toMehta and knew the backlash of accusations he would have to face from the
public.
A few years later, Mehta mad e a brief comeback as a stock market expert and
started providing investment tips on his website and in a weekly newspap er
column. He worked with the owners of a few companies and recommended
the shares of those companies only. When he died in 2002, Mehta had been
convicted in only one of the 27 cases filed against him. What attracted the
taxmans attention was Mehta's advance tax payment of Rs 28-crore for the
financial year 1991-92. Another eye-catcher was his extravagant lifestyle.
I-T, PSBs recover dues nine years after Mehta's death
Nine years after Harsad Mehta died, the I-T department and public sector
banks (PSBs) have successfully recovered a significant portion of their claims
emerging out of the securities scam from his liquidated assets. The Supreme
Court directed the Custodian of the attached properties and assets of the
Harshad Mehta Group (HMG) in March 2011 to make payments of
Rs1,995.66-crore to the I-T department and Rs 199.25-crore to the State Bank
of India (SBI), making the two institutions two of the earliest claimants to
recover their dues.
While the SBIs total principal amount claim of R s 1,000-crore have been
largely settled, financial institutions have also received some money. However,
Standard Chartered Bank, which had claimed Rs 500-crore, has yet to recover
its dues it was one of the late claimants. Although the total claim over the
HMG is of more than Rs 20,000-crore, the apex court has said that for the
present, it would only consider claims towards the principal amount.
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Who is Ketan Parekh
Ketan Parekh is a former stockbroker based in Mumbai who was convicted in
2008 for being involved in engineering the technology stocks scam in Indias
stock market in 1999-2001. A cha rtered accountant by training, Parekh comes
from a family of brokers and is currently serving a period of disqualification
from trading in the Indian bourses till 2017.
Ketan Parekh has been accorded with sobriquets such as the Pentafour Bull
and the One Man Army by the countrys national business newspapers, while
the market simply refers to him as KP or associates him with his firm NH
Securities. Parekh is known to have no reluctance in meeting the press. He isalso known to have razor-sharp forecasts on market developments.
What distinguishes Ketan Parekh from the 'Big Bull' late Harshad
Mehta
The two have been compared by people to have operated their scams using
similar means and that their backgrounds were similar as well. But the
differences are very conspicuous.
At the outset, Mehta ca me from a lower middle-class and modest background,
while KPs family has been engaged as stockbrokers for a significant time. He is
also related to many prominent brokers. Secondly, when Mehta was operating,
the market was still a closed one and was just beginning to liberalize. It was
revealed later that Mehta operated using the money of other people as his last
recourse. Further, Mehta is known to have resorted to aggressive publicity
campaigns whereas KP operates almost clandestinely. The latter has also been
successfu l at creating stories and selling them aggressively to institutional
investors.
The Midas touch
Parekh attracted the attention of market players and they kept track of every
move of Parekh as everything he was laying his hands on was virtually turning
into gold. But the Pentafour Bull still kept a low profile, except when he
hosted a millennium party that was attended by politicians, business magnates
and film stars. And by 1999-2000, as the technolog y industry began embracing
the entire world, Indias stock markets started showing signs of hyper-activity
as well and this was when KP struck.
Almost everyone, from investment firms which were mostly controlled by
promoters of listed companies to foreign corporate bodies and coopera tivebanks were eager to entrust their money with Parekh, which, he in turn used
to inflate stock prices by making his interest obvious. Almost immediately,
stocks of firms such as Visual soft witnessed meteoric rises, from Rs 625 to Rs
8,448 per unit, while those of Sonata Software were up from Rs 90 to Rs
2,150. However, this fraudulent scheme did not end with price rigging. The
rigged-up stocks needed dumping onto someone in the end and KP used
financial institutions such as the UTI for this.
When companies seek to raise money from the stock market, they take the
help of brokers to back them in raising share prices. KP formed a network of
brokers from smaller bourses such as the Allahabad Stock Exchange and the
Calcutta Stock Exchang e. He also used BENAMI or share purchase in the
names of poor people living in Mumbais shanties. KP also had large
borrowings from Global Trust Bank and he rigged up its shares in order to
profit significantly at the time of its merger with UTI Bank. While the actual
amount that came into Parekh's kitty as loan from Global Trust Bank was
reportedly Rs 250 crore, its chairman Ramesh Gelli is known to have
repeatedly asserted that Parekh had received less than Rs 100 crore in keeping
with RBI norms.
Parekh and his associates also secured Rs 1,000-crore as loan from the
Madhavpura Mercantile Co-operative Bank despite RBI regulations that the
maximum amount a broker could get as a loan was Rs15-crore. Hence, it was
clear that KPs mode of operation was to inflate shares of select compa nies in
collusion with their promoters.
Lady luck disfavours Parekh!
Notably, a day after the presentation of the Union Budget in February 2001,
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Parekh appeared to have run out of luck. A team of traders, Shankar Sharma,
Anand Rathi and Nirmal Bang, known as the bear ca rtel, placed sell orders on
KPs favorite stocks, the so called K-10 stocks, and crushed their inflated
prices. Even the borrowings of KP put together could not rescue his scrips. The
Global Trust Bank and the Madhavpura C ooperative were driven to
bankruptcy as the money they ha d lent Parekh went into an a byss with his
reportedly favourite K-10 stocks.
The exposure of the dupe
As with the Harshad Mehta scam, Ketan Parekh's fra udulent practices were
first exposed by veteran columnist Sucheta Dalal. Sucheta's column read, Itwas yet another black Friday for the capital market. The BSE sensitive index
crashed another 147 points and the Central Bureau of Investigation (CBI)
finally ended Ketan Parekhs two-year dominance of the market by arresting
him in connection with the Bank of India (BoI) complaint. Many people in the
market are not surprised with Parekhs downfall because his speculative
operations were too large, he was keeping dubious company, and he was
dealing in too many shady scrips.
When the prices of select shares started constantly rising, innocent investors
who ha d bought such shares believing that the market was genuine were
about to stare at huge losses. Soon after the scam was exposed, the prices of
these stocks came down to the fraction of the values at which they had been
bought. When the scam did actually burst, the rigged shares lost their values
so heavily that quite a few people lost their savings. Some banks including
Bank of India also lost significant amounts of money.
Dalal goes on to state that Parekh's scheme was not visible to a layman given
the positive deflection that media had made him a hero while some of the
biggest national dailies had even quoted him profusely on that years Union
Budget. Dalal add ed that KPs arrest and the uncanny similarity of his
operations to the Harshad Mehta securities scam of 1992 vindicated the
miserable inadequacy of the countrys regulatory system. The Securities
Exchang e Board of India (SEBI) and the Reserve Bank of India (RBI) had
remained complacent when the stock bubble was created during the latter half
of 1999 and through 2000 while it had not bothered to take any action
through 2001 when it was ready to burst.
SEBIs damage control measures
SEBI investigations into Parekh's money laund ering affairs revealed that KPhad used bank and promoter funds to manipulate the markets. It then
proceeded with plugging the many loopholes in the market. The trading cycle
was cut short from a week to a day. The carry-forward system in stock trading
called BADLA was banned and operators could trade using this method.
SEBI formally introduced forward trading in the form of exchange-traded
derivatives to ensure a well-regulated futures market. It also did away with
broker control over stock exchanges. I n KPs case, the SEBI found p rima facie
evidence that he had rigged prices in the scrips of Global Trust Bank, Zee
Telefilms, HFCL, Lupin Laboratories, Aftek Infosys and Padmini Polymer.
Furthermore, the information provided by the RBI to the Joint Parliamentary
Committee (JPC) during the investigation revealed that financial institutions
such as Industrial Development Bank of India (IDBI Bank) and Ind ustrial
Finance Corporation of India (IFCI) had given loans of Rs 1,400 crore to
companies known to be close to Parekh.
Criticism of SEBI
Some of the regulatory actions SEBI undertook came under scathing criticism
from some quarters who accused it of still being clueless about its supervisory
duties. Observers said the regulator still continued believing that its only
priority was to prevent a fall in stock prices.
It was rumored that SEBI banned short sales and increased margins creating
a virtual cash market in the process and squeezed turnover to a sixth of the
normal level. It also fired all broker directors from the Bombay Stock
Exchang e and Calcutta Stock Exchange and declared the completion of three
controversial settlements of the Kolkata bourse by retaining a sizeable
proportion of the payout of operators who had allegedly tied-up for collusive
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deals. Furthermore, SEBI rounded up the bear operators and launched an
inquiry into their alleged short sales.
Stringent regulatory measures follow Parekh episode
Parekh's fraudulent operations motivated the authorities to take necessary
steps that have made made India's stock markets relatively safer in present
times. He can also be credited for having forced indolent policy-makers to
bring about reforms in the financial system.
An active trader
According to an Intelligence Bureau report, though disbarred from trading inthe countrys bourses until 2017, is still operating in the markets through
condu its, vindicating Dalal Streets belief that he has never left the market. The
report says that as recently as December 2010, KP has been rallying behind
different stocks and placing some of them at rigged up prices to large
institutions such as the LIC. He is operating throu gh little-known investment
firms, market operators and a following of loyal brokers. KP, who was at the
forefront during the technology shares-led bull run in 1999-2000, is
apparently using front entities such as Orchid Chemicals , GMR
Infrastructure, Cairn India, Deccan Chronicles Holdings, Reliance Industries,
Punj Lloyd, Indiabulls Real Estate, Pipavav Shipyard, Amtek Auto, Hindustan
Oil Exploration, UCO Bank, State Bank of India, EIH and JSW Steel, among
others, to trade in shares.
The report further states that KP has been instrumental in inflating the share
price of SKS Microfinance from Rs850 to Rs1,100 following its listing in
August 2010. He ha s also rigged IPOs of little known companies by buying out
50% of the issue in collusion with his Kolkata-based associates. KP and his
associates have also acquired very large positions in petroleum companies
such as ONGC and HPCL, according to the report. An IB official has further
said that KP and his team have revealed to their close associates that they have
insider information on the government's proposal to decontrol the sale of gas
which is expected to raise profit margins of these companies by about 20%.
2,473 views 2 upvotes Written 22 Jun
The crucial mechanism through which the scam was effected was the readyforward (RF)deal. The RF is in essence a secured short-term (typically 15-day)
loan from one bank to another. Crudely put, the bank lends against
government securities just as a pawnbroker lends against jewellery.The
borrowing bank actually sells the securities to the lending bank and buys them
back a t the end of the period of the loan, typically at a slightly higher price.
It was this ready forward deal that Harshad Mehta and his cronies used with
great success to channel money from the banking system.
A typical ready forward deal involved two banks brought together by a broker
in lieu of a commission. The broker handles neither the cash nor the securities,
though that wasnt the case in the lead-up to the scam.
In this settlement process, deliveries of securities and payments were made
through the broker. That is, the seller handed over the securities to the broker,
who pa ssed them to the buyer, while the buyer gave the cheque to the broker,
who then made the payment to the seller.
In this settlement process, the buyer and the seller might not even know whom
they had traded with, either being know only to the broker.
This the brokers could manage primarily because by now they had become
market makers and had started trading on their account. To keep up a
semblance of legality, they pretended to be undertaking the transactions on
behalf of a bank.
Another instrument used in a big way was thebank receipt (BR) . In a ready
forward deal, securities were not moved back and forth in actuality. Instead,
Abhinav Kumar
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the borrower, i.e. the seller of securities, gave the buyer of the securities a BR.
a BR confirms the sale of securities. It acts as a receipt for the money received
by the selling bank. Hence the name - bank receipt. It promises to deliver the
securities to the buyer. It also states that in the mean time, the seller holds the
securities in trust of the buyer.
Having figured this out, Metha needed banks, which could issue fake BRs, or
BRs not backed by any government securities. Two small and little known
banks - the Bank of Karad (BOK) and the Metorpolitan Co-operative Bank
(MCB) - came in handy for this purpose.
Once these fake BRs were issued, they were passed on to other banks and the
banks in turn gave money to Mehta, obviously assuming that they were lending
against government securities when this was not really the case. This money
was used to drive up the prices of stocks in the stock market. When time came
to return the money, the shares were sold for a profit and the BR was retired.
The money due to the bank was returned.
The game went on as long as the stock prices kept going up, and no one had a
clue about Mehtas modus operandi. Once the scam was exposed, though, a lot
of banks were left holding BRs which did not have any value - the banking
system had been swindled of a whopping Rs 4,000 crore.
Mehta made a brief comeback as a stock market guru, giving tips on his own
website as well as a weekly newspaper column. This time around, he was in
cahoots with owners of a few companies and recommended only those shares.
This game, too, did not last long.
Interestingly, however, by the time he died, Mehta had been convicted in only
one of the many cases filed against him.
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