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conspiracy tried to thrust that awful outdated title-'king'-onto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.
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