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The Enforcement Directorate (ED) on Saturday said it has frozen shares worth Rs 700 crore after raids against Karvy Stock Broking Limited (KSBL) CMD C Parthasarathy and others as part of a money laundering investigation against them.

He is currently lodged in the Chanchalguda jail of Hyderabad after being arrested by the Telangana Police last month.

The ED searches were carried out on September 22 at six locations in Hyderabad and on various premises of Karvy group of companies, connected entities and the residential premises of C Parthasarathy, the agency said in a statement.

“Several incriminating evidences in the form of property documents, personal diaries, electronic devices, email dumps, etc have been seized and are being analysed,” it said.

“It is reliably learnt that C Parthasarathy is trying to off-load his shares in the group companies through private deals and thus, in order to preserve the proceeds of crime till further investigation, ED has issued a freezing order on September 24 and the estimated value of these shares has been arrived at Rs 700 crore as per the valuation for the year 2019-20,” it said.

These shares of the Karvy group are being held “directly and indirectly” by CMD Comandur Parthasarathy, his sons Rajat Parthasarathy and Adhiraj Parthasarathy, and their entities.

The ED case, filed under the criminal provisions of the Prevention of Money Laundering Act (PMLA), is based on a Telangana Police FIR alleging KSBL had “illegally pledged the securities of its clients and taken a loan of Rs 329 crore and diverted the same.”

“Another FIR has been registered by central crime station of Hyderabad Police for defrauding IndusInd Bank to the tune of Rs 137 crore and one more FIR has been registered by Cyberabad Police authorities for defrauding ICICI Bank to the tune of Rs 562.5 crore,” it said.

The ED has clubbed all these FIRs as part of its probe and has also recorded the statement of C Parthasarathy in jail.

KSBL under the leadership of C Parthasarathy had committed “gross irregularities” and all the illegally taken loans have become NPA, the agency said.

It is learnt that more FIRs are being registered by other banks and also individual shareholders/ investors, the ED said.

The total loan proceeds taken from multiple banks using the same modus operandi is around Rs 2,873 crore, it said, adding that the NSE and SEBI are also investigating the affairs of KSBL.

The agency said its probe found that KSBL “did not report” the depository participatory or DP account no. 11458979, named KARVY STOCK BROKING LTD (BSE), in the filings made from January-August, 2019 with regulators/exchanges.

“KSBL fraudulently transferred shares belonging to its clients to its own demat account (which is not disclosed to the exchanges) and pledged the shares held in these accounts with the lenders/banks (HDFC bank, ICICI bank, IndusInd bank, Axis Bank, etc.).”

“The securities lying in the aforesaid DP account of KSBL, actually belonged to the clients who were/are the legitimate owners of the pledged securities,” the agency said.

It said KSBL did not have any legal right to create a pledge on these securities and generate funds.

“The quantum of such loans taken by KSBL from illegal pledge of shares is to the tune of Rs 2,873 crore. KSBL credited the funds raised by pledging of client securities to 6 of its own bank accounts (stock broker-own account) instead of the “Stock Broker-Client Account” and further has not reported these 6 own bank accounts (stock broker-own account) held with various private banks to the Sebi,” it alleged.

Prima facie, the ED said, a net amount of Rs 1,096 crore was transferred by KSBL to its group company–Karvy Realty (India) Ltd– between April 1, 2016 to October 19, 2019.

It accused KSBL of conducting “large-scale trading activities in the names of 9 companies that included Karvy Consultants Limited (KCL), which is a group company of Karvy, and 8 other shell companies, in the guise of doing insurance business.”

“Several crore of rupees were diverted for acquiring immovable properties through the group company, KRIL, and to other group companies as well.”

It also came to light that recently deletion of files and emails from the computer servers by using anti-forensic tools had been done, under the instructions of C Parthasarathy,” it claimed.

The bank statement analysis of these companies revealed that there is “large value rotation of funds” between the Karvy group companies and the bank accounts of certain shell companies.



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ICICI Bank files cheating case against Karvy Stock Broking Ltd, BFSI News, ET BFSI

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A case has been registered against Karvy Stock Broking Ltd promoter C. Parthasarathy and others for allegedly cheating ICICI Bank to the tune of Rs 563 crore.

According to a press release issued by the police on Tuesday night, the case was booked under Sections 406 (criminal breach of trust), 420, r/w 34 ( cheating) of IPC against the accused. Funds raised by KSBL by pledging shares of its six bankers were transferred to the firm’s own bank accounts, and not into ‘Stock Broker Client Account’, which is in contravention with the SEBI guidelines, the police said. “Further, all pledges on securities were closed without approval… and securities were transferred to end clients of KSBL thereby severely impacting security of all lenders including ICICI Bank,” it said.

The case was transferred to Economic Offences Wing of Cyberabad and a special team was formed for the investigation. Parthasarathy was arrested by the city police here on August 19 on charges of defaulting on a Rs 137 crore loan taken from IndusInd Bank.

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IndusInd bank thought they had securities even as legal notices were ignored, BFSI News, ET BFSI

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Repeated requests, follow ups and legal notices slapped on Karvy Stock Broking Ltd (KSBL) did not help IndusInd Bank since 2019 in ensuring repayment of Rs 137 crore loan taken from them.

“The bank tried its best to get clarity on the repayment schedule or the status of repayment. Despite repeated oral remainders and calls to C Parthasarathy, no reply was forthcoming as to when the repayment will be made,” IndusInd Bank told police at the time of lodging the complaint.

“On some occasions they assured the bank that they will pay on time and even at this stage they confirmed that security was available to cover the bank’s exposure,” the bank said.

Later, the bank served demand notices to KSBL and Parthasarathy saying that they repay the dues in five days. At this stage, the bank was under the impression that they are secured since they have sufficient collateral in the form of pledged securities to recover the outstanding dues.

But IndusInd bank got a rude shock after SEBI in November 2019 took action against KSBL, and IndusInd bank knew they had no collateral left as a surety. Finally, IndusInd bank approached Hyderabad police detective department.



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Here’s how the scam played out, BFSI News, ET BFSI

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Less than two years after the Karvy demat scam came to light, Karvy Group chairman C Parthasarathy was finally arrested in Hyderabad on Thursday on charges of defaulting on a bank loan. Swati Bharadwaj & Partha Sinha break down the details for you

What was the Karvy demat scam?

Hyderabad-based Karvy Group flagship Karvy Stock Broking (KSBL) pledged securities lying in the demat accounts of its clients, without their permission, to raise funds from multiple banks and financial institutions. These funds were then diverted into other Karvy group companies like Karvy Realty.

What was the magnitude of the scam?

Initial estimates showed that KSBL pledged securities of over 95,000 clients illegally and raised over Rs 2,300 crore via loans against shares (LAS) from multiple lenders like HDFC Bank, ICICI Bank, IndusInd Bank, Axis Bank, Bajaj Finance, Aditya Birla Finance.

How was the scam done?

The broking firm transferred shares from the demat accounts of its clients, which were not active, into its demat account named Karvy Stock Broking (BSE) and showed these stocks as its own securities to lenders as collateral for taking loans.

How and when was it unearthed?

On June 20, 2019, markets regulator Sebi came out with a circular on handling client securities which said that brokers could not pledge client securities to raise loans for themselves, which till then was an established market practice. Sebi had set a deadline of September 30, 2019, for brokers to segregate client funds and securities but when KSBL failed to do so by the given deadline, investors complained to Sebi, which then asked NSE to investigate the matter

What was the action taken by regulatory agencies?

On November 22, 2019, Sebi issued an order banning KSBL from broking services and said the firm had transferred Rs 1096 crore to group company Karvy Realty between April 2016 to October 2019. Sebi also asked NSE to conduct a detailed forensic audit while working closely with depository participants (DPs) and stock exchanges to quickly transfer some of the illegally transferred securities back into the accounts of investors. In January 2020, the Union corporate affairs ministry also ordered the Registrar of Companies (RoC), Hyderabad, to probe Karvy group financial fraud.

What about investor compensation?

In December 2019, soon after the scam came to light, Sebi worked with DPs and stock exchanges to transfer securities of nearly 83,000 out of the over 95,000 scam-hit KSBL clients from Karvy’s demat account back into their respective accounts. In November 2020, NSE said it had settled claims worth Rs 2,300 crore to around 2.4 lakh KSBL investors with fund balances of up to Rs 30,000. In early 2021, under directions from Sebi, KSBL’s demat accounts were auctioned off to IIFL Securities and its trading accounts were auctioned to Axis Securities as part of efforts to compensate investors.

Tracking the scam

2019

November 22 | Markets regulator Sebi issues exparte order banning Karvy Stock Broking Ltd (KSBL) from broking activities

November 26 | Karvy Group CMD C Parthasarathy resigns from board of Karvy Fintech, which later rechristens itself as K-Fin Technologies

December 2 | Under Sebi’s directions NSDL and NSE transfer securities worth around Rs 2,300 crore of nearly 83,000 clients of KSBL back into their accounts

December 2 | NSE & BSE suspend KSBL from all market segments for violation of compliance norms

December 4 | SAT turns down KSBL lenders plea to get back the securities that were transferred back to clients so that pledge can be invoked

December 14 | Sebi refuses relief to KSBL lenders

December 31 | Karvy Group kicks of corporate rejig and management reshuffle as damage control exercise; brings in Amitabh Chaturvedi as CEO of financial services business

2020

January | Union ministry of corporate affairs (MoCA) orders probe into Karvy Group affairs

August | Telangana high court dismisses writ petitions filed by Karvy Group challenging SFIO & RoC probes into financial affairs in wake of demat scam

November | NSE settles claims worth Rs 2,300 crore to around 2.4 lakh KSBL investors with fund balances of up to Rs 30,000

2021

February | Depositories and stock exchanges auction KSBL’s demat and trading accounts to IIFL Securities and Axis Securities, respectively

April | IIFL Securities starts activation of 11 lakh frozen Karvy demat accounts with assets under management worth Rs 3 crore that were held by NSDL and CDSL

August 19 | Karvy group chairman and promoter C Parthasarathy arrested by CCS of Hyderabad police based on loan default complaint by IndusInd Bank



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Karvy Group chairman held for Rs 137 crore loan default, BFSI News, ET BFSI

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HYDERABAD: Less than two years after markets regulator Securities & Exchange Board of India (Sebi) banned Hyderabad-based broking firm Karvy Stock Broking Ltd (KSBL) for illegally pledging client securities to raise loans against shares, city police arrested KSBL chairman and managing director C Parthasarathy on Thursday based on a loan default complaint by IndusInd Bank.

Two months ago, the bank had registered an FIR sagainst KSBL — which was India’s top broking firms till 2019 — accusing it of defaulting on a loan of Rs 137 crore by pledging its clients’ securities.

Parthasarathy was arrested on charges of cheating, fraud and criminal breach of trust under various sections of the Indian Penal Code. The Karvy Group boss was later produced before the Nampally criminal court, which remanded him to 14 days judicial custody. Police officials said that apart from probing the KSBL loan default to banks, they are also probing the Parthasarathy’s alleged misuse of clients’ funds to the tune of Rs 720 crore parked in KSBL’s trading accounts.

The investigating team of Hyderabad police relied upon details in Sebi’s 2019 orders banning KSBL from broking activities based on a preliminary investigation by National Stock Exchange.

Hyderabad police commissioner Anjani Kumar told mediapersons that Parthasarathy was arrested under Sections 406 (criminal breach of trust), 420 (cheating), 418 (cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect), 421 (dishonest or fraudulent removal or concealment of property to prevent distribution among creditors), 422 (dishonestly or fraudulently preventing debt being available for creditors), 409 (criminal breach of trust by public servant, or by banker, merchant or agent) and 120b (conspiracy) of IPC.

Avinash Mohanty, joint commissioner of police (detective department), Hyderabad police, said the case was registered on the basis of IndusInd Bank’s complaint alleging that KSBL availed credit facilities of Rs 137 crore by pledging shares, along with a personal guarantee from Parthasarathy, by suppressing the fact that the pledged securities belong to KSBL clients. “Without their (clients) consent he misused the power of attorney (given by clients to KSBL for trading purposes),” Mohanty said.

KSBL,which allegedly transferred the securities of its clients into its own demat accounts and pledged them to banks like IndusInd, is also accused of defaulting on loans worth Rs 680 crore that it took from various other banks. KSBL was one of the largest broking firms in India with over 2.5 lakh clients before the scam came to light.

“The accused company became defaulter by diverting the funds into the accounts of its own or connected businesses entities. In November 2019, Sebi revoked the securities pledged with banks and NBFCs and returned the securities to client accounts. The complainant banks were left with no collateral and thereby KSBL defaulted in repayments of about Rs 137 crore to IndusInd,” police said.

Following his arrest, Parthasarathy moved a bail petition in the Nampally criminal court, which is yet to decide on the date of hearing the petition.



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