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Harshad Mehta Capital Market Scam

8. Apr 2018
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Harshad Mehta Capital Market Scam

  1. BY SNEHA KHANNA SRISHTI JAISWAL SONA PARVEEN
  2.  Name: Harshad Shantilal Mehta  Born in: 29 July 1953  Died on: 31 December 2001  Profession: Chartered Accountant & Stockbroker  He earned degree in Bachelor of Commerce  Started his working life as an employee of the New India Assurance Company
  3.  In the early eighties he quit his job and sought a job with stock broker P. Ambalal affiliated to Bombay Stock Exchange  He became a jobber on BSE for stock broker P.D. Shukla after that  In 1981 he became a sub-broker for stock brokers J.L. Shah and Nandalal Sheth  Later started his own venture : grow more research and asset manangement company ltd. Become a dream seller and celebrity in financial world.
  4.  Got the great tag of “BIG BULL” in the Indian stock market.  After the recommendation of big bull, demand for stocks used to exponentially rise  Propounded the replacement cost theory .  He was alleged to have engineered the rise in BSE in the year 1992.  On Aril 23, 1992 Sucheta Dalal in a column in TOI exposed the dubious way of Harshad Mehta. He was later charged with 72 criminal offences and 600 suites were filled against him. He died of massive heart attack in thane jail.
  5.  The scam can be categorized as capital market scam in which it is done by manipulating the facts in order to attain enormous funds. There are four different aspects of the scam. 1) Diversion of funds 2) Intra day trading 3) Use of ready forward to maintain SLR 4) Fake bank recipts
  6. Banks To Brokers
  7.  The modus operandi mainly included investing heavily in certain shares at the start of the day which led to a sharp increase in the price of the stock and the cashing in at the end of the day to reap huge benefits.
  8.  A secured short-term (typically 15-day) loan from one bank to another  Bank lends against government securities  A broker usually brings together two banks for which he is paid a commission  The securities and payments were delivered through the broker in the settlement process  In such settlement the banks may not know with whom they are dealing
  9.  In a RF deal securities were not moved back and forth in actuality  The borrower, i.e. the seller of securities, gave the buyer of the securities a Bank Receipt  Bank receipts serve three functions 1) Confirms the sale of securities 2) States that the securities are held by the seller in trust for the buyer 3) Acts as a receipt for the received money by the selling bank  In this scam Bank of Karad & Metropolitan Co- operative Bank had issued fake BR
  10.  A BR means that issuer holds the securities in the trust of the buyer but there is possibility that issuer may not have the security at all.  Following are the reason for the bank to issue BR’S which are not backed by any securities: 1. Bank may do an RF Deal and issue fake BR’S if bank simply wants an unsecured loan where the lending bank is under the impression that it is dealing with the unsecured loan but in actuality it is advancing an unsecured loan
  11.  Taking the advantage of loopholes Harshad and his associates triggered the securities scam by diverting funds to the tune of RS 4000 CRORE. From bank to stock brokers from April 1991 to May1992.  Some of the stocks which were highly invested by Harshad Mehta 1. ACC 2. APOLLO TYRES 3. RELIANCE 4. TISCO 5. BPL 6. STERLITE
  12. In the early 1990s, Banks in India had to maintain a fixed ratio of their deposits in the form of Government securities /bonds which was governed by the statutory liquidity ratio (SLR). This obligation on the part of the banks required them to show a detailed sheet of its stock of Government bonds at the end of every day. Soon after the rule changed and the banks were not required to show these details at end of everyday rather they were allowed to show in once in a week i.e. Friday. This allowed the banks to sell their bonds in the earlier part of their week and then buy it back in the later part. This helped them make some profits as they could invest the money that they got by selling the bonds. The whole process of buying and selling the bonds was taken care of by brokers and only they knew the two parties which were involved .Individual banks didn’t have any idea as to who the other party in the whole transaction was.
  13. The whole process can be described in three phases: 1. SETTLEMENT PROCESS 2. PAYMENT CHEQUES 3. DISPENSING SECURITIES
  14. The immediate impact of the scam was a sharp fall in the share prices. The index fell from 4500 to 2500 representing a loss of Rs. 100,000 crores in market capitalization. Since the accused were active brokers in the stock markets, the number of shares which had passed through their hands in the last one year was colossal. All these shares became "tainted" shares, and overnight they became worthless pieces of paper as they could not be delivered in the market. Genuine investors who had bought these shares well before the scam came to light and even got them registered in their names found themselves being robbed by the government. This resulted in a chaotic situation in the market since no one was certain as to which shares were tainted and which were not.
  15. The government's liberalization policies came under severe criticism after the scam, with Harshad Mehta and others being described as the products of these policies. Bowing to the political pressures and the bad press it received during the scam, the liberalization policies were put on hold for a while by the government. The Securities Exchange Board of India (SEBI) postponed sanctioning of private sector mutual funds. The much talked about entry of foreign pension funds and mutual funds became more remote than ever. The Euro-issues planned by several Indian companies were delayed since the ability of Indian companies to raise equity capital in world markets was severely compromised.
  16.  Mehta had by then swindled the banks of a staggering Rs 4,000 crore  Bribery case on P. V. Narsimha Rao  Stay on Liberalisation  Holding banks of fake BR had to face losses  BR was removed by RBI  The chairman of the vijaya bank committed suicide over
  17.  GOVT. was under immense pressure from the media and opposition  People wanted loopholes that caused the scam should be covered so the scam didn’t reoccur.  Case was handed over to the CBI & JPC  Special court were set up for the speedy trail.  All the transaction done by the accused were considered void after march 31,1991.
  18. •Discover the guilty: This task was assigned to the Central Bureau of Investigation (CBI) and to the Joint Parliamentary Committee (JPC). A special court was set up to facilitate speedy trial. •Transactions became void: The government set up a special court and promulgated an ordinance with several draconian provisions to deal with the scam. Sections (3) and (4) of the ordinance attached the properties of all individuals accused in the scam and also voided all transactions that had at any stage been routed through them after March 31, 1991. •Recover the money: Provisions of the Ordinance for attachment of property and voiding of transactions with the consequent creation of "tainted" shares were attempts in this direction.
  19.  Due to scam Insider trading in BSE have been suspended in order to prevent misuse of price sensitive information by Brokers , Directors and stock market  SEBI has imposed an additional 10% volatility margin on all A – Group Shares and additional margin stocks in Automatic Lending And Borrowing Mechanism and Borrowing And Lending of security scheme.
  20.  To increase liquidity , SEBI has allowed bank to offer Collateralized lending only through NSE and BSE  The SEBI has banned short sales.
  21. The government's response so far, banning of RF deals and going slow on liberalization. The main motive behind punishing the offenders is more to prevent future offenders to not to try this type of scam. The government must ensure that not only the obviously guilty (the brokers) but also the not so obviously guilty (the bank executives, the bureaucrats and perhaps the politicians) are identified and brought to book. These types of investigations are not only very time consuming but also very expensive.
  22.  He died in Thane Prison, Mumbai, he complained of chest pain and was moved to a hospital, where he died, at the age of 47, 31st Dec. 2001  Mehta’s death remains a mystery. Some believe that he was murdered ruthlessly by an underworld nexus  Some members of nexus was moved to Thane Jail and landed up in the cell next to Harshad Mehta
  23.  Acts only if it effects.  People forget things easily  Govt. takes things lightly.
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