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BUSINESS: STOCK SCAM
EXCLUSIVE SEBI REPORT
Naming The Culprit
By Prabhu Chawla and Rohit Saran
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STOCK TAKING: Finance Minister Yashwant Sinha with SEBI Chairman
Mehta
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The night of April 14 was very long on the first
floor of Mittal Court in Nariman Point, Mumbai. Officials of the Securities
and Exchange Board of India (SEBI) were scrambling to meet the
April 15 deadline for submission of their report on the stock scam. Chairman
D.R. Mehta was in office virtually the whole night as officials reeled
out the five-chapter, 92-page report. Next day SEBI's Senior Executive
Director I.K. Singhvi flew to Delhi to present it to Finance Minister
Yashwant Sinha. The first draft, studied among others by Finance Secretary
Ajit Kumar and Adviser to the Finance Minister Rakesh Mohan, had some
portions missing which were later filled in.
Though preliminary, the SEBI investigations
reveal the persons who rigged the markets, the method they adopted and
the corrective actions that must be taken. Three major findings of the
investigation:
FII'S ROLE IN MARKET MANIPULATION
One of the most
striking findings of SEBI's investigations is the alleged rigging of share
prices by foreign institutional investors (FIIs) in collusion with the
fallen Big Bull Ketan Parekh. SEBI claims to have "found that certain
sub-accounts of FIIs (accounts of small foreign investors who invest in
India through FIIs) have been predominantly transacting in the scrips
that are identified with Ketan Parekh and his companies".
Four FIIs
invested Rs 1,47,000 crore in Ketan Parekh's favourite scrips between
Jan 1999 and March 2000 |
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FII: RP&C International
Sub-Account: Coral Reef
Investment: Rs 65,784 cr
FII: CSFB
Sub-Account: Kallar Kahar
Investment: Rs 45,449 cr
FII: Deutsche International Trust
Sub-Account: DBMGOM
Investment: Rs 19,705 cr
FII: Credit Agricole Lazard
Sub-Account: CAP FP
Investment: Rs 17,049 cr
Source: SEBI Report
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For instance, Coral Reef Investment Company,
CAL FP (Mauritius) Limited and DBMG of (Mauritius) Limited-which are sub-accounts
of FIIs RP&C International, Credit Agricole Lazard Fin Prod and Deutsche
International Trust Corp CI-have mostly transacted in the shares of HFCL,
Zee, DSQ Software, Silverline, Global Trust Bank (GTB) and Aftek Infosys.
These are all known to be Ketan Parekh's favourite stocks.
The sub-account's transactions in these stocks
range from 51 to 94 per cent of their total transactions in value terms.
Besides, most of these transactions have been put through broking companies
connected to Parekh.
The SEBI report also hints at the "possibility
of misuse of investment and automatic repatriation facility to FIIs"
through a system of what is known as Participatory Notes (PNs). Loosely
defined, PNs are receipts of transactions issued by the FIIs to foreign
investors on whose behalf they buy or sell shares in India. According
to SEBI, PNs "allow the participants to trade in the stocks of Indian
companies anonymously and indulge in circumvention of laws including takeover
code" as well as manipulate the markets.
It also opens the possibility of repatriation
of profits based on the rigged prices, causing foreign exchange outflow.
The investigation also found many Overseas Commercial Bodies (OCBs) registered
in Mauritius trading heavily in stocks identified as Ketan Parekh stocks.
The SEBI suspects many of these OCBs were actually operated by Indians.
One advantage of doing so is the exemption from capital-gains tax Mauritius-based
companies enjoy on their incomes from stocks transactions in India.
A foreign broking company that the SEBI's investigation
has zeroed in on is Credit Suisse First Boston (I) Securities (CSFB).
Between January and March 2001, Ketan Parekh group companies made sales
worth Rs 1,813.77 crore through CSFB at the Bombay Stock Exchange and
the National Stock Exchange. After investigation into the transactions,
SEBI concluded that "these transactions are in the nature of funding
by the member (CSFB) to Ketan Parekh group. The member acted in collusion
with Parekh". Though CSFB clarified to the SEBI that its transactions
had taken place in the ordinary course of business, the SEBI report had
reasons to conclude that "these are not genuine transactions but
are highly irregular in nature and in violation of rules and regulations
governing fair and transparent dealing in securities."
JM Morgan Stanley Securities is another foreign
broking firm SEBI investigated. Though the report found "instance
of transactions that appear to be manipulative and could have impacted
the decline in some share prices", it refrained from passing a judgement
in the absence of a detail analysis of the trading by the firm.
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