|  
  Steal 
              a little and they throw you in prison, steal a lot and they make 
              you king," drawled America's bard. This was long before a pr 
              conspiracy tried to thrust that awful outdated title-'king'-onto 
              that hapless creature otherwise referred to as the 'customer'. Just 
              as well that the enlightened customer has preferred being a sort 
              of equal-citizen, no more, no less: insistent on the right to information.  If there have been people who have tried to 
              exalt themselves above the law, thwart the flow of information, 
              and cushion themselves beyond all bounds of moral justification, 
              a shocking number of them are to be found in positions of high authority 
              at the top of business hierarchies. The worst of them have played 
              havoc with the well-being of customers, employees, shareholders 
              and assorted business associates, often leaving a painful trail 
              of bankruptcies in their wake. But they still seem to believe that 
              if it's crime you must commit, make sure it's white-collar.  The sad part: this is something you can say 
              again. If it's crime you must commit, make sure it's white-collar. 
              The sadder part, still, is that in a country as legally self-muddled 
              as India, this is something you need not just say again, you can 
              actually thrive on it, laughing all the way to the... whatever. 
              There is safety in the knowledge that few people have enough financial 
              and business knowledge to make a clear distinction between guilt 
              and innocence.  Accountability questions typically arise long 
              after the worst excesses are buried under so much paper, that just 
              picking the trails could be a nightmare for the best of detectives. 
              Global Trust Bank had forfeited the literal meanings of the words 
              in its name long ago. Ramesh Gelli, the main force behind this private 
              sector bank, was faced with various allegations, including a 2001 
              stock-rigging plot involving the infamous market operator Ketan 
              Parekh, that wrecked the bank's merger prospects with UTI Bank. 
              Circumstantial or not, the indications back then were of a bank 
              that would go bust. So it has. Legally culpable or not, Gelli surely 
              has much to account for.  It is about time white-collar crime in India 
              got the attention it deserves. It is also about time that the country 
              broke the inverse correlation between the severity of punishment 
              and the guilty's financial standing.  While the US is no paragon of virtue on matters 
              of justice, given its unedifying treatment of non-American prisoners, 
              it is a country that still tends to demand high standards of probity 
              from its own rich and powerful. Martha Stewart, the celebrity businesswoman, 
              has recently got five months in the slammer for transgressions that 
              sound laughable in India: saving a few thousand dollars by selling 
              shares on a tip-off, and then trying to mumble her way out in defence. 
              Under the glare of actual law, she found herself guilty of not just 
              'insider trading' but also 'obstruction of justice'. Lying under 
              oath is a serious felony, regardless of collar colour.  Sure, one could argue that Stewart's case was 
              too simple not to reach conviction. But even the most complicated 
              of white-collar crimes can be unraveled once investigators put their 
              mind to it. For years, Enron was regarded as some sort of innovative 
              superhero-till it imploded, and Andrew Fastow's intricate off-the-books 
              deals found no further place to hide. Even less open-and-shut was 
              the case of Nick Leeson, the Singapore-based 'rogue trader' of Barings 
              Bank who destroyed his firm by taking what may be regarded as careless 
              rather than criminal gambles on the futures market. But Leeson was 
              nabbed for a wilful pattern of internal data falsification.  White-collar crime can be stopped. It's just 
              a matter of people recognising the long-term danger posed by slipshod 
              justice to the economy. Preachy but true: prosperity cannot be sustained, 
              let alone be generated, if the country's rich and powerful see too 
              little risk in flouting the law. |