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PNB SCAM (NIRAV MODI Case)

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PRESENTED BY :
BHARATH SOMASHEKAR
2nd Year MBA
INTRODUCTION
 On 29th Jan,2018, PNB (Punjab National Bank) filed
a criminal complaint with India`s federal investigative
agency against three companies and four people,
including billionaire jeweller Nirav Modi and his
uncle Mehul Choksi, the managing director of
Gitanjali Gems, saying they had defrauded PNB and
caused a loss of 2.8 billion rupees ($43 million).
 In a regulatory filing on Feb. 14, the bank updated the sum involved in the
fraud to 113.94 billion rupees ($1.77 billion), which it said was determined
after further investigation at its Mumbai's Brady branch.
 This fraud is done by Nirav Modi in 2011 who fraudently raised funds worth
of Rs.12,636 crore from various public & private sector banks by showing
Letter of Undertaking (LOU) issued by Punjab National Bank.
INTRODUCTION
NIRAV MODI MEHUL CHOKSI
 Nirav Modi – Nirav Modi is the Owner of Nirav Modi firm, Diamond
RU.S.,Stellar Diamond and Solar Exports and the prime accused in this scam.
 Mehul Choksi – Mehul Choksi is the Owner of Gitanjali Group and the uncle of
Nirav Modi.
PERSONS INVOLVED IN SCAM
PERSONS INVOLVED IN SCAM
 PNB Employees - Gokul Nath Shetty (Retired Deputy Manager), Manoj Kharat
(Clerk), Hemant bhat (Clerk and Authorised Signatory), Bechhu Tiwari (Forex
dept.Chief manager),Yaswant joshi, Praful sawant ( They were trying to shift the
blames to their colleagues.)
 MK Sharma – Internal Auditor and chief manager of PNB.
 Vipul Ambani – CFO of Nirav Modi Company.
 Kavita Mankikar - Executive Assistant and Authorized Signatory.
 Arjun Patil – Senior Executive of Fire Star Group.
 Kapil Khandelwal - CFO of Nakshtra and Gitanjali Group.
 Niten Shahi – Manager of Gitanjali Group.
 Rajesh Jindal: General Manager of PNB . He has headed Brady Branch in
between 2009-11.
 Bishnubrata Mishra: Formar internal auditor of PNB. He was responsible for
auditing the transactions between 2011-15.
 Miten Anil Pandaya: Financial Manager of Firestar International Ltd.
 Sanjay Rambiya: CA firm Sampat & Mehta partner.

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PNB SCAM (NIRAV MODI Case)

  • 1. PRESENTED BY : BHARATH SOMASHEKAR 2nd Year MBA
  • 2. INTRODUCTION  On 29th Jan,2018, PNB (Punjab National Bank) filed a criminal complaint with India`s federal investigative agency against three companies and four people, including billionaire jeweller Nirav Modi and his uncle Mehul Choksi, the managing director of Gitanjali Gems, saying they had defrauded PNB and caused a loss of 2.8 billion rupees ($43 million).
  • 3.  In a regulatory filing on Feb. 14, the bank updated the sum involved in the fraud to 113.94 billion rupees ($1.77 billion), which it said was determined after further investigation at its Mumbai's Brady branch.  This fraud is done by Nirav Modi in 2011 who fraudently raised funds worth of Rs.12,636 crore from various public & private sector banks by showing Letter of Undertaking (LOU) issued by Punjab National Bank. INTRODUCTION
  • 4. NIRAV MODI MEHUL CHOKSI  Nirav Modi – Nirav Modi is the Owner of Nirav Modi firm, Diamond RU.S.,Stellar Diamond and Solar Exports and the prime accused in this scam.  Mehul Choksi – Mehul Choksi is the Owner of Gitanjali Group and the uncle of Nirav Modi. PERSONS INVOLVED IN SCAM
  • 5. PERSONS INVOLVED IN SCAM  PNB Employees - Gokul Nath Shetty (Retired Deputy Manager), Manoj Kharat (Clerk), Hemant bhat (Clerk and Authorised Signatory), Bechhu Tiwari (Forex dept.Chief manager),Yaswant joshi, Praful sawant ( They were trying to shift the blames to their colleagues.)  MK Sharma – Internal Auditor and chief manager of PNB.  Vipul Ambani – CFO of Nirav Modi Company.
  • 6.  Kavita Mankikar - Executive Assistant and Authorized Signatory.  Arjun Patil – Senior Executive of Fire Star Group.  Kapil Khandelwal - CFO of Nakshtra and Gitanjali Group.  Niten Shahi – Manager of Gitanjali Group.  Rajesh Jindal: General Manager of PNB . He has headed Brady Branch in between 2009-11.  Bishnubrata Mishra: Formar internal auditor of PNB. He was responsible for auditing the transactions between 2011-15.  Miten Anil Pandaya: Financial Manager of Firestar International Ltd.  Sanjay Rambiya: CA firm Sampat & Mehta partner.
  • 7. ROLE OF AUDITOR  MK Sharma the senior internal auditor of PNB Brady branch was responsible for auditing the system and practices of Brady branch and to report any fraud with zonal office.  MK Sharma was knowing about the fraud but didn’t file any complaint with audit office.  According to one report bank didn’t have enough independent members on auditing board during 2015-17.  According to ICAI is mandatory for every auditor to verify and scrutinized every transaction which takes place through SWIFT. But in this case the auditor deliberately didn’t verify the transactions done through SWIFT.
  • 8. ROLE OF AUDITOR  The internal auditor, concurrent auditor & statutory auditor of the bank should have been checking the transactions which was done through SWIFT but they deliberately ignored all the transactions.  The audit committee of the board overseas a quarterly report, particularly on the foreign exchange dealing of the branch. But they didn’t examine the quarterly report of foreign exchange dealing.  On march 2013, Non fund based loan of PNB was Rs.407 crore, on march 2014 it zoomed to Rs.3458 crore and on march 2017, it raised to Rs.4302 crore.
  • 9. HOW DID PNB SCAM OCCUR  Nirav Modi exported rough stone form foreign countries worth crores of rupees.  The employees at PNB Brady House branch fraudently issued a LoU for 365 days without making any provisions for collateral and bypassing Core Banking System (CBS).  The Nirav Modi’s three companies named Diamond R US, Solar export and Stellar diamond allegedly raised loans from Axis Bank, UCO Bank and Allahabad Bank by showing LoU.
  • 10.  The firm also raised funds from Indian bank's overseas branch for paying to the suppliers.  Nirav modi’s firm again requested the bank to issue another LoU but the officials refused on ground that the company has to keep collateral with bank but Modi’s firm argued that no such money was kept on margin for the previous LoU.  After that PNB officials started scanning the records and didn’t find any such transactions and then filed a complaint with CBI. HOW DID PNB SCAM OCCUR
  • 11. WHY THE SCAM COULDN‘T BE DETECTED EARLIER  The failure of Auditors – Auditors failed to detect any frauds which took place in PNB Brady branch, Mumbai.  Not linkage of SWIFT with CBS – Society for Worldwide Interbank Financial Telecommunication (SWIFT) and Core Banking System (CBS) was not linked with each other.
  • 12.  Management Failure – The management system was very weak and couldn’t detect any fraud because the Deputy Manager of branch himself was involved in the fraud.  No rotation of Employees – According to Reserve Bank of India (RBI) guidelines ,every employees working in banks should be rotated from one position to other position in every three years but the same was not done in the PNB Brady Branch. WHY THE SCAM COULDN‘T BE DETECTED EARLIER
  • 13. WHISTLE BLOWER  On July 26, 2016 Bangalore based Entrepreneur Hari Prasad had written to the prime minister’s office (PMO) drawing the attention of the authorities towards what he thought could lead to a huge scam. According to Prasad, the balance sheets clearly gave out all the details.  He said that he had filed a complaint against Mehul Choksi – one of the prime accused in the Rs.11,380-crore Punjab National Bank scam – after the latter’s company cheated him of Rs 13 crore.
  • 14.  He then registered a complaint with the Bengaluru Police against Choksi and his group companies in 2015. A year later, he wrote to the Enfc(orcement Directorate, the Central Bureau of Investigation, the Securities and Exchange Board of India, the Ministry of Corporate Affairs and even the Prime Minister’s Office.  Whistleblower Dinesh Dubey, a former Allahabad Bank director, has made abundantly clear the number of interventions he had attempted to make regarding unsanctioned loans to Mehul Choksi ("I have mailed multiple times. On every agenda. I have done my duty.“) WHISTLE BLOWER
  • 16. EFFECT OF SCAM ON PNB & OTHER PUBLIC SECTOR BANKS  Moody and Fitch places PNB under review for downgrade. Moody’s has rated PNB ‘Baa3’ and Fitch has rated ‘bb’.  The stock price of PNB has fallen down from Rs.160 to Rs.95.5 as on 9th Mar,2018.  The NIFTY Bank also fallen down 25810.25 to 24477.65 (1332.66 Points).  RBI has said to PNB to pay all debts to other banks.  The share price of Gitanjali Gems fallen down from Rs.64.2 to Rs.15.8 as on 09th Mar,2018
  • 17.  Sanjay Rishi (AmericanExpress), Gautham Mukkavilli (Ex.Executive pepsico), Suresh senapaty (Ex.CFO of Wipro), Kirthiga reddy (Ex.MD of FB India)resigned from Nirav modi’s Firestar Co. board.  The RBI stops banks to issue LOU.  Because of the fraud, PNB has lost Trust of People.  Gitanjali Gems Share price fallen to 11.15 from 63.55(open price) as on 14.2.2018. EFFECT OF SCAM ON PNB & OTHER PUBLIC SECTOR BANKS
  • 18. INTERESTING AND SHOCKING FACTS ABOUT BANKING FRAUD (DATA RELEASED BY RBI)  According to the survey of IIM Bangalore, PSB has lost a total of Rs.227.43 billion due to bank fraud between 2012 to 2016.  During the first nine month of 2016-2017, 3870 cases were detected worth of Rs.17750.27 crore.  PSU have NPA of Rs.7.34 lakh crore and Private banks have Rs.1.03 lakh crore by end of September 2017.
  • 19.  SBI has the highest PSU of Rs.1.86L crore, PNB = 57,630 crore  Between 1 Jan 2015 to 31 March 2017, 5200 employees of PSB have been punished for fraud. (184 PNB Employee)  From 1 April 2013 to 31 December 2016, all commercial banks lost nearly 66,066 crore in 17,504 frauds. INTERESTING AND SHOCKING FACTS ABOUT BANKING FRAUD (DATA RELEASED BY RBI)
  • 20. ASSETS SEIZED  Enforcement Directorate (ED) seized luxury cars of Nirav Modi (Rolls Royce Ghost, 2 Mercedes Benz GL Class, Porsche Panamera, Toyota Fortuner, 3 Honda cars and Toyota Innova)  Rs.30 crore in bank account and shows worth Rs.13.86 crores.  Mutual funds and shares worth Rs.94.52 crore were frozen which belongs to Nirav Modi and Mehul Choksi.  Special economic zone property worth of Rs.1200 crore has been attached by IT Department and it belongs to Choksi helmed Gitanjali Group.  141 bank A/C and FD has been attached by IT Department.
  • 21.  CBI seized Modi’s Alibaug farmhouse worth Rs.32 crore belonging to Nirav modi  Rs.5100 crore in Gold and Diamond Jewelry has been seized by ED.  ED attached 21 immovable properties of Nirav Modi including Penthouse, farmhouse worth Rs.5.23 crore.  A see facing Samudra Mahal flat worth 15.45 Crore is also attached by ED.  Solar Power Plant worth Rs.70 crore in Karjat area has been seized by ED  Two office properties about Rs.80 crore.  So Far, Rs.6393 Crore has been Seized. ASSETS SEIZED
  • 22. MEASURES SHOULD BE TAKEN TO AVOID SCAM  Multi Factor Authentication.  Monitor Transactions.  According to RBI guidelines, every commercial banks should link their CBS with SWIFT by April 2018.  Implementation of Anti-Money Laundering.  Rotation of employees in every three years.
  • 23.  NFRA is established by government which is an independent regulator for the auditing profession.  Better Management Control.  Cyber Analytics/Cyber Security.  Fraud Monitoring.  Customer identification, authentication and risk assessment.  Financial Intelligence. MEASURES SHOULD BE TAKEN TO AVOID SCAM