Page 36 - English Tehelka Issue 5 - March 15, 2018
P. 36

PNB fraud



         Decoding the PNB fraud:                                                                                                 This payment is to someone outside  That is what is supposed to happen.   the core banking solutions (CBS) for

                                                                                                                                                                                               The orders never showed up in
                                                                                                                                                               But in reality, it seems that things
                                                                                                                                 India usually, to fund a purchase of
         Time to fix the rot in the                                                                                              diamonds or other goods.      went a little berserk.        monitoring. The LoUs were rolled
                                                                                                                                                                                             over all the way and increased over
                                                                                                                                   Note this carefully: The other
                                                                                                                                                                                             time too. The rogue official retired in
                                                                                                                                                               The Reality: A Bit of a Ponzi
                                                                                                                                 bank gives money to the PNB’s Nos-
                                                                                                                                                                                             2017, and the replacement refused
                                                                                                                                                               NM might not pay back at all. NM
                                                                                                                                 tro account. Not to NM. They don’t
         banking system                                                                                                          care about NM. They only know   might use the money to speculate in  to roll over the LoU, which came
                                                                                                                                                               the markets, or do something else.
                                                                                                                                 that the PNB has given a guaran-
                                                                                                                                                                                             due in January 2018 because he
                                                                                                                                                               What if NM simply doesn’t have the  couldn’t find the past transactions
                                                                                                                                 tee on the SWIFT channel. Signifi-
                                                                                                                                 cantly, the other bank is nowadays
                                                                                                                                                               money to pay back? Instead, he asks  in the system. No rollover means a
                                                                                                                                 mostly the foreign branch of Indian  some PNB official to open another   default, since there was no money
                                                                                                                                 banks. The foreign banks always   LoU for the amount owed plus in-  to pay. So the PNB quickly filed an
         What really happened in the PNB scam? Here is the genesis, the crux and modus operandi                                  smell something sinister in such   terest. So if the first LoU is at USD   FIR saying the bank has lost  280
         of the scam for the understanding of common citizens, as explained by kiran suri, a former Senior                       deals. Resultantly, the foreign banks                       crore on the January 2018 LoUs. Fur-
                                                                                                                                                                                             ther investigation by the PNB found
                                                                                                                                 couldn’t care less about whether
         Manager at the Punjab National Bank (PNB)                                                                               NM was buying diamonds or bitcoin   Ironically, the         that the fraud was massive — to the
                                                                                                                                 – to them, the PNB would pay back   bank gave               tune of Rs 11,400 crores.
                                                                                                                                 even if NM’s wallet gets stolen.                              Naturally, when the fraud un-
                                                                                                                                   Now the question is why should   guarantee for            folded, everyone in the bank pan-
                         et us begin from the be-  worth at least Rs 110 crore as collat-  tively — that says the PNB will pay if   the PNB give a guarantee? Obvi-  Nirav Modi              icked. Could Nirav Modi pay it back?
                         ginning. To understand   eral. But the PNB, for some strange   NM doesn’t pay.                          ously for a fee because for each                            If it was intended to be paid back,
                         how things work, we have   reason, doesn’t ask for collateral.    As the foreign bank trusts the        and every transaction, a bank may   without collateral      the rollovers wouldn’t have been
                         to begin from the concept.    Now the foreign bank is ready to   PNB, it gives the money to the PNBs    charge up to 2 per cent to issue the                        required. At some point, things got
                 L Some importer, let’s call   lend NM the money because the   account with it, called by the PNB                LoU. Now we come to the other part.   even after the        so out of hand that rollovers were
                 him Nirav Modi or NM, wants to im-  PNB will guarantee it and the for-  as a “Nostro” — the account that        What happens when it’s time to pay   experience with        required in order to stay stable.
                 port pearls or diamonds and then   eign bank trusts the PNB. Why does   PNB maintains with banks abroad,        back? NM has to get the pearls and                          Generally, this would not be a prob-
                 sell these. The purchase requires   it trust the PNB? Because PNB sends   where the other bank will send        diamonds in India, sell them, re-  Vijay Mallya             lem. If the PNB had done things
                 money, so NM approaches a bank,   a message on SWIFT — the banking   money meant for the PNB custom-            ceive the money and pay back to the   where loans to        right, they would have had collat-
                 say Punjab National Bank (PNB). On   message service — that PNB guar-  ers. The PNB’s nostro account gets       PNB on the due date as per the LoU.                         eral worth the amount of guaran-
                 its part the PNB says look, I’ll give   antees Rs 100 crore of money for   the money. The PNB then gives        On its part, the PNB will pay back   Kingfisher were        tee, and they would have sold that
                 you a loan but it will be at an inter-  180 days for NM at an interest rate   NM the money from the Nostro      the foreign bank saying okay we got   given on nearly no    collateral and paid the foreign bank.
                 est rate of, say, 10 per cent.  of, say, LIBOR + 2 per cent. It’s like a   account, usually paid off to whoever   the customer’s money so we’re giv-
                   NM thinks hard and says, no,   message — written in stone, effec-  NM is buying his diamonds from.            ing it back to you with interest, etc.   collateral         The real issue
                 that’s too much. Wait, why don’t                                                                                                                                            In this case, the PNB didn’t have any
                 I take a foreign currency loan in-                                                                                                                                          collateral. The question is why did
                 Much lower interest rates, no? I can  PNB ups fraud                                                                                           10 million, the second one is USD 11   the PNB give a guarantee without
                 stead, after all I’m buying in dollars?
                                                                                                                                                                                             collateral? If a commoner goes for
                                                                                                                                                               million to cover the interest on the
                 get at LIBOR + 2 per cent and LIBOR   amount by  1322                                                                                         first. The money from the second   a loan to a bank, they’ll ask us for
                 (London Inter-bank Offered Rate) is                                                                                                           LoU is used to repay the first. It’s just  income proof and collateral. Only
                 1.5 per cent so I’ll have the money at   crore                                                                                                rolling over of credit. It exactly fits   small personal loans and credit card
                 3.5 per cent!                                                                                                                                 over and over into the standard def-  loans come backed without collat-
                   But who will give NM a foreign                                                                                                              inition of a ponzi scheme. This can   eral. For something of the order of
                 currency loan? A bank abroad?   The Punjab National Bank has                                                                                  easily balloon into a larger amount,   11,000 crore you would think they
                 They don’t know NM. They don’t   informed stock exchanges that                                                                                so large that it’s too much. In effect   would definitely ask for collateral.
                 have any history of NM, so why will   the quantum of unauthorised                                                                             many  such  arrangements  have   Ironically, it happened even after
                 they give him money? So NM goes   transactions using the SWIFT                                                                                turned into semi-ponzi schemes,   the experience with Vijay Mallya
                 to the PNB and says, boss, you’re my   platforms could rise by $ 204.25                                                                       with one LoU being opened to repay  where loans to Kingfisher were
                 banker, so please help some foreign   million or  1322 crore. The bank                                                                        another and so on. In such a scenar-  given  on  nearly  no  collateral
                 bank give me some money to buy   had on February 14 disclosed that                                                                            io, this is what probably happened.    (though in that case a house and
                 diamonds. Say that you will guaran-  unauthorised transactions worth                                                                          Nirav Modi took loans from foreign   some promoter shares had been
                 tee my loan by giving me a Letter of   $ 1.8 billion or  11,300 crore, had                                                                    branches of Indian banks through   pledged). Why did the PNB give this
                 Undertaking (LoU).            been carried out from its Brady                                                                                 a LoU issued by the PNB. This was   guarantee then? It’s typical — more
                   The PNB now should be saying   House branch. With this, the total                                                                           done through a SWIFT-based LoU   the amount you give as collateral,
                 look, if you want me to give Rs 100   amount lost to fraud now stands                                                                         issued through a rogue employee   more  the  guarantee  that  banks
                 crore guarantee, you give me stuff   at about  12,622 crore.                                                                                  (or many of them) at the PNB.  give. Again, the loan was not a “fund-



                                        tehelka / 15 march 2018  36  www.tehelka.com



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