Scams & Scrutiny in The Indian Securities Market: Posted On
Scams & Scrutiny in The Indian Securities Market: Posted On
Scams & Scrutiny in The Indian Securities Market: Posted On
THE INDIAN
SECURITIES MARKET
Posted on March 14, 2013 by PRABHASHAGARWALLeave a comment
Introduction: The vision of SEBI is to be the most dynamic and respected
regulator globally.
Website of Securities and Exchange Board of India
(SEBI), http://www.sebi.gov.in.
We have to ensure that there are no issues involving investor interest. We
have to watch out for that. I am looking at SEBI to be a benchmark for the
rest of the world. 1
GN Bajpai, Chairman, SEBI.
SEBI has become like a programmed watchdog. The robbery takes place
right under its nose but it barks only the next morning when its owner (the
Ministry of Finance) asks it to do so. 2
Sujay Marathi, Journalist, http://www.mouthshut.com.
These are the words or the extracts of some of the eminent personalities in
the country. They visualise SEBI as the stock market regulator which caters
to all the Stock market needs and take care that nothing goes wrong with the
market and the investors.
Generally formed with the motive of investor protection the main
responsibility of SEBI is to look into the nitty- gritties of the stock market and
save the investors from the crooked brokers whose sole motive is the earn
money at the cost of investor investment.
The SEBI ACT 1992 has been exhaustively defined and explained where the
SEBI makes an endeavour to fill in the lacuna and not leave a single room or
a space for the market makers or the financial institutions to carry out any of
the unhealthy practices.
This is a continuous process, because SEBI has been trying to make itself
well equipped and trying to gauge at the situations from the crooked
brokers or the price rigger point of view.
Recent cases of Front Running or the Price Rigging have been reported in the
market after the big scams of Harshad Mehta and Ketan Parikh.
There is always a debate among the intellectuals regarding Why did this
scam happen? How did this happen? Why was it allowed to happen?
Lets look into the Broader perspective of these issues and try to analyse the
crooked brokers point of view.
Volatility is of course a result of the structure of Indias financial markets.
Markets in developing countries like India are thin or shallow in at least three
senses. First, only stocks of a few companies are actively traded in the
market. Second, of these stocks there is only a small proportion that is
routinely available for trading, with the rest being held by promoters, the
financial institutions and others interested in corporate control or influence.
And, third the number of players trading these stocks are also few. According
to a late 1990s Report of the SEBIs Committee on Market Making, The
number of shares listed on the BSE since 1994 has remained almost around
5800 taking into account delisting and new listing. While the number of listed
shares remained constant, the aggregate trading volume on the exchange
increased significantly. For example, the average daily turnover, which was
around Rs.500 crore in January 1994 increased to Rs.1000 crores in August
1998. But, despite this increase in turnover, there has not been a
commensurate increase in the number of actively traded shares. On the
contrary, the number of shares not traded even once in a month on the BSE
has increased from 2199 shares in January 1997 to 4311 shares in July
1998. The net impact is that speculation and volatility are essential features
of such markets.
These characteristics of the market changed with the stock scam of the early
1990s, which saw speculative transactions in a wide range of shares,
including new issues of relatively unknown companies. At one point in time,
virtually any company could list itself and expect its primary share of offering
to be oversubscribed. Further, shares that were actively traded could be
purchased in relatively small lots and offered returns not so much in the form
of dividends but through capital gains. This was when a number of small
investors shifted out of bank deposits as their principal financial asset, to
garner much higher returns from stock market investments. The entry of the
small investor had two consequences. First, since such investors were driven
by market analysis purveyed through the media and operated in herd-like
fashion, wide movements in share prices, most often in the upward direction,
was common. Second, the Sensex, while indicative of movements of leading
shares, did not fully capture market activity. All this, however, came to an
end when the scam responsible for driving the market to its frenzied heights
SEBI, RBI and all the other regulators woke up when this scam was exposed
by TOI journalist Sucheta Dalal. She exposed Harshad Mehta and his allied
men to the media and blaming them of causing an unduly price rigging in
the market and creating a bubble in the market which was a hypothetical
bubble.
HIS JOURNEY:
Harshad Shantilal Mehta was born on 29 July 1953, at Paneli Moti, Rajkot
district, in a Gujarati Jain family. His early childhood was spent in Kandivali,
Mumbai, where his father was a small-time businessman. Later, the family
moved to Raipur, Chattisgarh. Mehta studied in s.s kalibadi Higher Secondary
School, in Raipur.
He briefly worked for New India Assurance Company, until he decided to
trade in the Stock Market of BSE and [NSE].
HIS START:
By 1990, Mehta rose to prominence in the stock market. He was buying
shares heavily. The shares which attracted attention were those of
Associated Cement Company (ACC) The price of ACC was bid up to Rs.
10,000. When asked, he used the replacement cost theory as an explanation.
He was alleged to have an expensive lifestyle. Through the second half of
1991 Mehta had earned the nickname of the Big Bull, because he was said
to have started the bull run.
Mehta made a brief comeback as a stock market guru, giving tips on his own
website as well as a weekly newspaper column.
HOW DID HE DO IT?
A very well planned and thought of process was initiated by this mastermind.
The manner in which he conducted the whole scam was not at all illegal and
was never noticed by the brokers and the government until and unless
Harshad Mehtas immensely accumulated wealth was being displayed in the
public with his 10400 sq ft house in Mumbai and his fleet of cars.
As discussed by the market experts his scam was untraceable and was not
anything he was doing against the law.
Instead what was being done was a result of the lacuna prevailing in the
judicial system or the regulatory environment, which caused this debacle.
money from C on Tuesday and tells D that hell pay on Wednesday and the
money he gets from C is paid to B and as a result he has some working
capital with him at all times if this goes on with other banks throughout the
week. The banks at that time were not allowed to invest in the equity
markets. Harshad Mehta had very cleverly squeezed some capital out of the
banking system. This capital he invested in the stock market and managed
to stoke a massive boom. The shares which attracted his attention were:
Associated Cement Co. (ACC),
Apollo Tyres,
Reliance,
Tata Iron and Steel Co. ( TISCO),
BPL,
Sterlite,
Videocon
He took the price of ACC from 200 to 9000.Thats an increase of 4400%!!!The
market went up like crazy and the bulls were on a mad run. Since he had to
book profits in the end, the day he sold was the day when the market
crashed. The same day Vijaya Bank chairman committed suicide by jumping
from the top of the banks office. The chairman knew that when it would
become public that he had written cheques in the name of Mehta, he would
be dead meat. One rather unknown fact about this scam is that there wasa
very important player in this scam who managed to keep a very low profile.
That man was Nimesh Shah. He was just as involved as Harshad Mehta but
he knew how keep outof the hands of the law. Nimesh Shah still deals in the
stock market and is known to be a heavy player. Harshad Mehta is now dead.
It is rumoured that when he died, he still had10% of ACC shares with him
The above flow chart mentions the way in which the scam was carried out.
The pictorial description are numbered to explain the events chronologically.
After Harshad Mehta invested the Banks money in the stock market to rig
the price, he use to push the stock prices to an unimaginable level. When the
Bonds or the Bank receipts maturity date came near, he used to sell the
scrips in which he had invested his money at a premium rate.
Then the sales receipts were used to pay off the Bank B.
This was how the whole transaction was routed.This scam led to a loss of Rs.
5000 crores to the market.
AFTER EFFECTS OF THE SCAM:
The scam left a big scar on the market. Such big or deep was the scar that it
made the government decide upon a regulator to monitor such kind of
transactions and safeguard the investors from the wrath of crooked brokers.
The Stock Market had crashed. The banks involved in the scam were under
the scrutiny. There were banks who became extinct due to the level of fraud.
Bank Chiefs were committing suicide and the the people involved with the
scam with Harshad Mehta were already underground.
It was a daunting task for the government and the SEBI to go after these
scamsters and get them arrested.
Still to this date the police and the regulators are trying to unearth all the
money which had been swindled in the scam.
AND THE SCAMS CONTINUED
KETAN PARIKH PIED PIPER OF DALAL STREET
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 chartered 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 is
also known to have razor-sharp forecasts on market developments.
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 successful at creating stories and selling them
aggressively to institutional investors.
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 technology 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 cooperative
banks 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 Exchange. 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 Parekhs 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 companies
in collusion with their promoters.
Notably, a day after the presentation of the Union Budget in February 2001,
Parekh appeared to have run out of luck. A team of traders, Shankar Sharma,
Anand Rathi and Nirmal Bang, known as the bear cartel, 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 Cooperative were driven to
bankruptcy as the money they had lent Parekh went into an abyss with his
reportedly favourite K-10 stocks.
method. SEBI formally introduced forward trading in the form of exchangetraded derivatives to ensure a well-regulated futures market. It also did away
with broker control over stock exchanges. In KPs case, the SEBI found prima
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 Industrial
Finance Corporation of India (IFCI) had given loans of Rs 1,400 crore to
companies known to be close to Parekh.
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
Exchange 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
deals. Furthermore, SEBI rounded up the bear operators and launched an
inquiry into their alleged short sales.
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 has 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 governments proposal to decontrol
the sale of gas which is expected to raise profit margins of these companies
by about 20%.
ANALYSIS OF SCAMS
Another breath taking thing which came in focus of the public was the
creation of a group in name of Damayanti. This group was mainly set up to
rig the prices of the comodities.
Damayanti group comprised mainly of the following entities, viz. Damayanti
Finvest Pvt.Ltd, CDP Fincapand Leasing Pvt.Ltd, KRN Finvest and
Leasing Pvt.Ltd, Rijuta, Finvest Pvt.Ltd, Ikshu Finvest Pvt.Ltd, Money
Television Industries Ltd. These entities had neither the financial worth nor
the professional expertise to undertake the kind of dealings, but merely
acted as front for Harshad Mehta.
Market Capitalisation of the Listed Companies
Amount in Rs. Cr
Year
BSE (Market
Turnover)
110279
71777
354106
45696
228780
1990-91
1991-92
1992-93
84526
400077
67749
473349
50064
572257
124284
488332
207644
589816
311999
574064
685022
1192064
100032
768863
1993-94
1994-95
1995-96
1996-97
1997-98
1998-99
1999-00
2000-01
#As per data accessed from http://www.capitalmarket.com on April 12, 2002.
As per the table mentioned above we can see that the BSE Market turnover
had declines from Rs.71777 crores in the year 1991-92 to Rs.45696 crorec in
the year 1992-93. Simultaneously there was an impact on the Market
capitalisation of the economy during the same year. This was the year when
the Harshad Mehta Scandal was out and the Stock Market Crashed sending
the shock waves across the economy.
Lets Analyse Company Wise Data of some of the companies in which
Harshad Mehta had Invested and whose prices were rigged.
ACC LTD: 500410
Year
Open
High
Low
Close
3,260.00
10,500.00
2,025.00
2,575.00
2,625.00
3,260.00
1,580.00
2,850.00
3,060.00
5,020.00
2,900.00
4,050.00
4,100.00
4,300.00
2,440.00
2,780.00
2,800.00
4,225.00
907
1,190.25
1,210.00
1,800.00
1,010.00
1,386.75
1,150.00
1,185.00
855
855
1,503.00
1,846.00
797
1,032.75
1,100.00
1,100.00
218.5
218.5
1,043.00
2,023.60
155
248.25
147
156.35
93.1
155.1
1992
1993
1994
1995
1996
1997
1998
1998
1999
1999
2000
# AS PER THE DATA ACCESSED FROM www.bseindia.com
APOLLO TYRES 500877
Year
Open
High
Low
Close
173.5
510
130
210
205
223.75
107.5
195
205
250
140
150
145
155
110
145
132.5
202
96
115
179
180
68.25
79.5
123
167.1
56.1
64.6
170
180
170
180
65.2
267
38.1
159.05
161
227
68.25
88.55
1992
1993
1994
1995
1996
1997
1998
1999
1999
2000
# AS PER THE DATA ACCESSED FROM www.bseindia.com
After observing the statistics for the 8 years we draw certain conclusions. As
we observe the High price of ACC Ltd and the Apollo tyres was Rs. 10500.00
and Rs. 510.00 during the year 1992. This is the inflated price of the stock
due to the stock or price rigging during the era of Harshad Mehta.
After the Scam was exposed the price fell down by the following percentage.
ACC Ltd
High Price in 1993-high Price in 1992
High Price in 1992
=3260-10500 x100 = 70% (Approx)
10500
APOLLO TYRES
High Price in 1993-high Price in 1992
High Price in 1992
=223.75-510 x100 = 56.12% (Approx)
510
If we also observe the difference between the High & Low, we would
observe that in case of ACC LTD there is a large margin between the
Open Price and the High Price.
The same observations could be made in the stock price of APOLLO
TYRES.
In the Year 2000, in case of ACC LTD, there has been a substantial drop
in the price of the stock. This is the time when there was again a big
downfall due to Ketan Parikh Scam.
SEBI INTERFERENCE, GUIDELINES AND REGULATIONS
After these scams it was time for the SEBI to step in and monitor the
situation.
Since this was an eye opener for SEBI it had cautiously drafted the
regulations so that there were no such frauds again. But still all the
regulations were not at all perfect. Since this was the first year of SEBI it did
not have a fair idea about the market and was on an establishment mode.
Ketan Parikh debacle incurred after Harshad Mehtas fiasco which proved
that somewhere SEBI was lacking in their approach.
It is believed that the regulators cannot judge the psychology of the crooked
brokers. Its only after something has happened reforms come into being. The
situation was of digging the well in case of fire.
Various reforms and regulations were introduced by the SEBi which shall be
enumerated below.
GUIDELINES
1992
16.
Submission of Daily Reports
17.
Review on the working of the Stock Exchanges
18.
Monitoring & Inspection of the Brokers.
With all these orders and Guidelines it was noticeable that SEBI had now
woken up to these scams and was in a mood to impose the most stringent
measures to curb such further scams in the markets
Conclusion
Still there are some frauds in the markets despite measures by SEBI.
The only hope investors have from SEBI that their money is under their trust,
which they believe is as safe as keeping in a Bank Fixed Deposit.
Later on there were many scams like that of Bhansali and the UTI scam, but
every time the regulator stood up and made regulations to curb any further
scams with a similarity with the previous ones.
If SEBI becomes pro- active and starts thinking like a crooked broker, these
scandals which jolted the whole nation could be avoided and then it could
justify its preamble
to protect the interests of investors in securities and to promote
the development of, and to regulate the securities market and for
matters connected therewith or incidental thereto