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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