UK Tribunal ruling on UBS brings rich Indians under lens

May 31, 2012

USB_brings_rich

Mumbai, May 31: Sachin Karpe would have never imagined that an innocuous $5,000 transfer from a friend's UBS offshore bank account to his personal bank account in Mumbai would come back to haunt him and the wealth advisory business his wife, along with three others, runs in the city.

The unidentified NRI friend, who was travelling to India, had moved the money from his UBS account to Karpe's account in a European bank's Mumbai branch. This single transaction triggered investigations that backfired on UBS and pointed out how Karpe and his colleagues helped ADAG entities violate Indian securities regulations.

Also, for the first time, the role that Swiss banks play in irregular transactions in Indian stock markets came to the fore.

"The use of FII structures for Indian resident investors was commonplace within UBS and that was well known to senior management," said the UK Upper Tribunal verdict in the case Karpe vs FSA, the British regulator.

The FII structure, set up by UBS, used funds from the Swiss bank's accounts to invest in offshore derivatives issued against stocks of ADAG group companies. The tribunal ruling has deepened suspicions of sharp practices that wealthy Indians and local business houses often indulge in.

"The FII structures were in relatively widespread use within UBS; for example, there had been 14 "cells" of the fund and only one had been the subject of the present allegation of misconduct," said the tribunal.

UBS Distances Itself

Multi-cell FIIs - through which select investors could route money separately without revealing their identities - were banned a few years ago when the Indian capital market regulator had a whiff of such transactions.

But, when ET contacted UBS, the bank preferred to distance itself from these transactions. Mark Panday, a Hong Kong-based spokesman for UBS said, "The fund structures used by the former employees in London during the relevant period were not approved or permitted by UBS."

"The conduct of Ms (Laila) Karan (who worked at the Asia-II desk) and Mr Karpe was in clear breach of UBS policies and procedures. Both Ms Karan and Mr Karpe were dismissed by UBS for gross misconduct. UBS has fully co-operated with the regulatory action taken by the FSA against them and notes the decisions of the Upper Tribunal to uphold that action. We are satisfied with the outcome and this matter is now closed," he said.

Like UBS, Altamount Capital, the wealth management and family office shop that Sachin Karpe's wife Richa runs would like to distance itself from the former Swiss Bank official. "Sachin has no direct connection with Altamount Capital in any manner barring that he is a consultant with Altamount," she told ET some time back.

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News Network
May 4,2020

Munbai/New Delhi, May 4: India expects bad debts at its banks could double after the coronavirus crisis brought the economy to a sudden halt, a senior government official and four top bankers said.

Indian banks are already grappling with 9.35 trillion rupees ($123 billion) of soured loans, which was equivalent to about 9.1% of their total assets at the end of September 2019.

"There is a considered view in the government that bank non-performing assets (NPAs) could double to 18-20% by the end of the fiscal year, as 20-25% of outstanding loans face a risk of default," the official with direct knowledge of the matter said.

A fresh surge in bad debt could hit credit growth and delay India's recovery from the coronavirus pandemic.

"These are unprecedented times and the way it's going we can expect banks to report double the amount of NPAs from what we've seen in earlier quarters," the finance head of a top public sector bank told Reuters.

The official and bankers declined to be named as they were not officially authorized to discuss the matter with media.

India's finance ministry declined to comment, while the Reserve Bank of India and Indian Banks' Association, the main industry body, did not immediately respond to emails seeking comment.

The Indian economy has ground to a standstill amid a 40-day nationwide lockdown to rein in the spread of coronavirus cases.

The lockdown has now been extended by a further two weeks, but the government has begun to ease some restrictions in districts that are relatively unscathed by the virus.

India has so far recorded nearly 40,000 cases of the coronavirus and more than 1,300 deaths from COVID-19, the respiratory disease caused by the coronavirus.

'RIDING THE TIGER'

Bankers fear it is unlikely that the economy will fully open up before June or July, and loans, especially those to small- and medium-sized businesses which constitute nearly 20% of overall credit, may be among the worst affected.

This is because all 10 of India's largest cities fall in high-risk red zones, where restrictions will remain stringent.

A report by Axis Bank said that these red zones, which contribute significantly to India's economy, account for roughly 83% of the overall loans made by its banks as of December.

One of the sources, an executive director of a public sector bank, said that economic growth had been sluggish and risks had been heightened, even ahead of the coronavirus crisis.

"Now we have this Black Swan event which means without any meaningful government stimulus, the economy will be in tatters for several more quarters," he said.

McKinsey & Co last month forecast India's economy could contract by around 20% in the three months through June, if the lockdown was extended to mid-May, and growth in the fiscal year was likely to fall 2% to 3%.

Bankers say the only way to stem the steep rise in bad loans is if the RBI significantly relaxes bad asset recognition rules.

Banks have asked the central bank to allow all loans to be categorized as NPAs only after 180 days, which is double the current 90-day window.

"The lockdown is like riding the tiger, once we get off it we'll be in a difficult position," a senior private sector banker said.

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Agencies
July 23,2020

Jaipur, Jul 23: Four days after the Special Operation Group (SOG) sent a notice to Union minister Gajendra Singh Shekhawat in connection with the purported audio clips indicating his alleged involvement in horse trading of MLAs in Rajasthan, a city court has directed the Rajasthan police to probe a complaint alleging Shekhawat's role in a credit society scam worth Rs 840 crore.

The additional district judge Pawan Kumar, on Tuesday, directed the additional chief judicial magistrate's court to send the complaint against Shekhawat to the SOG.

Shekhawat, his wife and other partners have been named in the complaint in the Sanjivani Credit Cooperative Society scam in which around 50,000 investors allegedly lost about Rs 840 crore.

The Jaipur unit of the SOG has been probing the scam since last year after an FIR was registered on August 23, 2019.

Now, Jaipur ADJ Court-8 ordered a fresh inquiry in the case against Gajendra Singh accepting the revised application filed by Lagu Singh and Guman Singh and said that "this is a serious matter and hence SOG should investigate this".

Both the applicants had invested a huge amount in Sanjivani credit cooperative society.

It is alleged in the complaint that a multi-storey building has been built with the money instead of a theatre which was proposed earlier and many properties were also bought in Ethiopia with the money.

An SOG investigation also reveals that a large amount of money has been deposited into accounts of Shekhawat and his wife at different time spans, said sources.

Earlier, Shekhawat was not mentioned in the chargesheet filed by the SOG in connection with the case. Later, a magistrate's court also rejected the application to include him in the chargesheet. The applicants then approached the additional district judge's court with a revised application.

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Agencies
February 5,2020

New Delhi, Feb 5: Following is the chronology of events in the 2012 Nirbhaya gang rape and murder case in which the Delhi High Court on Wednesday said the all the four convicts have to be hanged together, not separately.

- Dec 16, 2012: Paramedical student gang-raped and brutally assaulted by six men in a private bus and thrown out of the moving vehicle along with her male friend. The victims admitted to Safdarjung Hospital.

- Dec 17: Widespread protests erupt demanding stringent action.

- Police identify the accused - bus driver Ram Singh, his brother Mukesh Kumar, Vinay Sharma and Pawan Gupta.

- Dec 18: Ram Singh and three others arrested.

- Dec 20: Victim's friend testifies.

- Dec 21: A delinquent juvenile nabbed from Anand Vihar bus terminal in Delhi. Victim's friend identifies Mukesh as one of the culprits. Police conduct raids in Haryana and Bihar to nab the sixth accused, Akshay Kumar.

- Dec 21-22: Akshay arrested in Aurangabad district of Bihar and brought to Delhi. Victim records statement before the SDM in hospital.

- Dec 26: Following a cardiac arrest, victim flown to Singapore's Mount Elizabeth Hospital by the government.

- Dec 29: Victim succumbs to injuries and other medical conditions. Police add murder charge in the FIR.

- Jan 2, 2013: The then Chief Justice of India Altamas Kabir inaugurates fast track court (FTC) for speedy trial in sexual offence cases.

- Jan 3: Police file charge sheet against five adults accused of murder, gang-rape, attempt to murder, kidnapping, unnatural offences and dacoity.

- Jan 17: FTC starts proceedings against the five adult accused.

- Jan 28: Juvenile Justice Board (JJB) says minority of the juvenile accused is proved.

- Feb 2: FTC frames charges against five adult accused.

- Feb 28: JJB frames charges against the minor.

- Mar 11: Ram Singh commits suicide in Tihar Jail.

- Jul 8: FTC completes recording of testimonies of prosecution witnesses.

- Jul 11: Delhi High Court allows three international news agencies to cover the trial in the case.

- Aug 22: FTC begins hearing final arguments in trial against four adult accused.

- Aug 31: JJB convicts the minor for gang-rape and murder and awards three-year term at probation home.

- Sep 3: FTC concludes trial. Reserves verdict.

- Sep 10: Court convicts Mukesh, Vinay, Akshay, Pawan of 13 offences including gang-rape, unnatural offence and murder of the girl and attempt to murder her male friend.

- Sep 13: Court awards death penalty to all 4 convicts.

- Sep 23: HC begins hearing the convicts' death sentence reference sent to it by the trial court.

- Jan 3, 2014: HC reserves verdict on convicts' appeals.

- Mar 13: HC upholds death penalty to the 4 convicts.

- Mar 15: SC stays execution of 2 convicts, Mukesh and Pawan, after they file appeals. Later, stays execution of other convicts also.

- Apr 15: SC directs police to produce the dying declaration of the victim.

- Feb 3, 2017: SC says it would hear afresh the aspect of awarding death penalty to the convicts.

- Mar 27: SC reserves verdict on their appeals.

- May 5: SC upholds death penalty to four convicts, says the case falls under the category of 'rarest of rare' and the offence created "tsunami of shock".

- Nov 8: Mukesh, one of the four death row convicts in the case, moves SC seeking review of its verdict upholding the capital punishment awarded to him.

- Dec 12: Delhi Police opposes Mukesh's plea in SC.

- Dec 15: Convicts Vinay Sharma and Pawan Kumar Gupta move SC for review of its verdict.

- May 4, 2018: SC reserves order on review plea of Vinay and Pawan.

- Jul 9: SC dismisses review pleas of three convicts.

- Feb, 2019: Victim's parents move Delhi court for issuance of death warrants of the four convicts

- Dec 10, 2019: Akshay moves plea in SC seeking review of his death penalty.

- Dec 13: Victim's mother moves SC opposing review plea of convict

- Dec 18: SC dismisses Akshay's review plea.

- Delhi govt seeks death warrants for execution of death sentence to the 4 convicts

- Delhi court directs Tihar authorities to issue notice to convicts to avail their remaining legal remedies.

- Dec 19: Delhi HC dismisses plea of Pawan Kumar Gupta claiming he was a juvenile at the time of the offence.

- Jan 6, 2020: Delhi court dismisses complaint filed by Pawan's father seeking FIR against sole witness

- Jan 7: Delhi court orders 4 convicts to be hanged on January 22 at 7 am in Tihar jail.

- Jan 14: SC rejects curative petition of Vinay and Mukesh Kumar.

Mukesh files mercy petition before President

- Jan 17: President Ram Nath Kovind rejects mercy plea of Mukesh.

- Trial court issues death warrants again with execution date as February 1, 6 am.

- Jan 25: Mukesh moves SC against rejection of mercy plea.

- Jan 28: SC hears arguments, reserves verdict

- Jan 29: Convict Akshya Kumar approaches SC with curative petition

- SC rejects plea of Mukesh challenging rejection of his mercy plea.

- Jan 30: SC dismisses curative plea of Akshay Kumar Singh.

- Jan 31: SC dismisses plea filed by Pawan seeking review of its order rejecting his juvenility claim.

- Delhi court again postpones execution of the black warrants till further order.

- Feb 1: Centre moves HC against the trial court order.

- Feb 2: HC reserves judgement on Centre's plea.

- Feb 5: HC dismisses Centre plea against trial court order; says all 4 convicts have to be hanged together. It directs the convicts to pursue all legal remedies within a week, failing which the authorities ordered to take action in accordance with law.

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