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FEB 12, 2006
 Cover Story
 Editorial
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 BT Special
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Oil On Boil
A surge in oil prices to almost $70 a barrel on concerns about the restart of Iran's nuclear programme only hints at what may lie ahead? Experts believe prices could soar past $100 a barrel if the UN Security Council authorises trade sanctions against the Middle Eastern nation and Iran curbs oil exports in retaliation. A look at the unfolding energy scenario.


Scrolling E-Tourism
As consumers increasingly look for tailor-made vacations, e-tourism is taking a new shape. Now, search engines are allowing customers to find the best value or lowest price for air tickets and hotels. Here is a look at global trends.
More Net Specials
Business Today,  January 29, 2006
 
 
Is Ketan Parekh Back?
Yes, Says SEBI
No, Says Ketan

 

His piercing eyes betray no fear, only the pain of punishment, loss and four trips to the pen. Slivers of grey around the temples and a spartan blue shirt are in stark contrast to the poster-boy flamboyance in the glory years. In a once-bustling office adjacent to Jeejeebhoy Towers, home of the Bombay Stock

Exchange on bountiful Dalal Street, an eerie silence prevails. This is where yesterday's Big Bull Ketan Parekh spends most of his working hours. But don't expect to catch him trading maniacally in a dealing room; he's apparently doing something much dour--preparing the groundwork to attend and answer courts. "This is the biggest bull market rally in Indian history, and we've missed it," shrugs the man who stands accused of using truckloads of bank funds to manipulate share prices, which eventually lead to a market crash in 2001. "We have eight agencies to answer to. I had six offices, only one is left. Of my 400 employees, only 40 are left with me. We have to run this office just to answer queries from the various agencies like the CBI (Central Bureau of Investigation), the Income-Tax department, SEBI (Securities and Exchange Board of India), and-now the new one-the Serious Fraud Investigation Office."

POINT
SEBI SEES A JERMYN-KP NEXUS.
» The earlier name of Jermyn Plc is Triumph Securities UK, Plc, a 100 per cent subsidiary of Triumph International Finance (India) Ltd (TIFIL), a KP-related entity, which had Dharmesh Doshi as Managing Director
» In order to circumvent SEBI prohibitions on KP and related entities from dealing in Indian securities markets directly or indirectly, Jermyn Capital LLC was incorporated in September 2003 to deal in the Indian markets
» Following CBI investigations, KP and three other co-accused directors of TIFIL were arrested in connection with the stock market scam of 2001 in May 2002. Dharmesh Doshi evaded arrest and is still absconding. A Red Corner Notice has been issued against him by Interpol
COUNTERPOINT
JERMYN RUBBISHES THE LINK.
» Hugh Hamilton Andrews is the sole shareholder of Jermyn Plc, Dharmesh Doshi has been employed as director and Jermyn has no relation with KP
» No KP-related entities are either shareholders or beneficial owners of Jermyn
» Doshi has told Jermyn that the Red Corner Notice issued by the CBI is an abuse of process in India, and he has approached Interpol in this matter

AS DOES KP
» Triumph Securities UK, Plc, was sold out once KP's woes began in 2001
» No connection with Jermyn, not allowed to travel abroad, busy fighting cases, answering courts
» The problem was with me, not with Dharmesh. His only problem was that he was a director on Triumph International Finance, which got into trouble

To be sure, KP (as he was better known) and his companies stand accused of countless violations (see Still In The Dock), but the most damaging price he has had to pay for his role in the securities scandal of 2001 is a blanket ban from dealing in stocks in India for 14 years. But can you keep a once-upon-a-time big bull down for too long, particularly at a time when the markets are a rage, and the indices on fire? If SEBI is to be believed, KP is indeed back, this time in the guise of a foreign institutional investor (FII). "In order to circumvent the prohibitions imposed by SEBI on Ketan Parekh and related entities from dealing in Indian securities market directly or indirectly...a new entity was incorporated in September 2003 by the name of Jermyn Capital LLC for dealing in the Indian securities market," is how a SEBI interim order against Jermyn Capital LLC damningly puts it. According to the market watchdog, the UAE-based Jermyn Capital LLC is an associate of the UK-based Jermyn Capital Partners Plc. Now the UK company, says SEBI, is nothing but a new avatar of Triumph Securities UK, PLC, a 100 per cent subsidiary of Triumph International Finance (India) Ltd, a KP-related broking entity that's still listed on the Indian exchanges, but which has had its registration cancelled by SEBI.

In end-November the regulator directed Taib Bank, a registered FII, to stop trading in Indian securities on behalf of its sub-account Jermyn Capital LLC, which has been registered as an FII sub-account with SEBI since July 2, 2004, under the foreign corporate category. Data compiled by BT reveals that as a merchant banker, Jermyn Capital managed four foreign currency convertible bond (FCCB) issues valued at $213.50 million or Rs 960.75 crore, three issues of global depository receipts (GDRs) worth $65.7 million or Rs 295.65 crore, and both the Jermyn companies (largely Jermyn Capital LLC) had picked up stakes of over 1 per cent in 12 Indian listed companies as of September 30, 2005. SEBI's number-crunching reveals that since its registration as a sub-account (in July 2004), up until October 31, 2005, Jermyn Capital LLC traded in 254 scrips in the Indian market with gross purchases worth Rs 321.35 crore and gross sales totalling Rs 281.59 crore. The regulator has passed an interim order in which it has indefinitely suspended Jermyn Capital LLC from accessing Indian equities, as it does not consider it "fit and proper" under FII regulations.

The Most damaging Price KP had to pay for his role in the securities scandal of 2001 is a blanket ban from dealing in stocks in India for 14 years

The numbers involved may not be huge, but clearly what's got SEBI's goat is the gumption of a man who's been hauled up by, besides the securities watchdog, the CBI, the Enforcement Directorate, and the Serious Fraud Investigation Office (under the Department of Company Affairs), the last named having recently begun investigations into 16 KP companies for possible violations of the Companies Act. But has SEBI got it right this time round? The fallen-from-grace broker thinks not. "I have nothing to do with Jermyn. I am not allowed to travel out of the country. How can I trade?" Jermyn Capital, too, has been quick to rubbish SEBI's charges. "No KP-related entities are either shareholders or beneficial owners or in the management of Jermyn," is its counter to the regulator's charges.

But Who Is Dharmesh Doshi?
Dharmesh Doshi's origins in the Indian equities market can be traced back to 1993 when, along with one Dharmen Shah, he flagged off Oxford International Finance India. A chartered accountant, Doshi's tryst with Ketan Parekh took place five years later, when the Parekh family bought into Oxford, subsequent to which the company's name was changed to Triumph International Finance (India) Ltd (TIFIL). Doshi now held 31 per cent in the listed TIFIL, with KP and his brother Kartik Parekh owning 15.5 per cent.

When the 2001 securities scandal erupted, SEBI promptly debarred TIFIL from trading in the markets and the CBI duly got into the act by arresting KP and three other TIFIL directors. Doshi flew out to London, apparently to evade arrest, following which an Interpol Red Corner Notice was issued against him. It's from here on that things get hazy. According to SEBI, in June 2002, Triumph Securities UK Plc, a 100 per cent subsidiary of TIFIL, was renamed Jermyn Capital Partners. Doshi, who was Managing Director of TIFIL, became a director of Jermyn, looking after key functions, even after the purported sale of Triumph Securities UK, says SEBI, which is pretty sure that Jermyn Capital was created in order to circumvent its ban on KP from dealing in the Indian markets. Jermyn's contention of course is that Doshi resigned as MD of TIFIL in December 2001 (before the sale to Jermyn Investments and Holdings), that Doshi is employed as a director and compliance officer, and that Jermyn Capital was not incorporated by KP or his related entities. As Doshi told BT: "Hugh Hamilton Andrews owns 100 per cent of Jermyn Capital Partners Plc and 40 per cent of Jermyn Capital LLC. At any stage, I and Ketan Parekh did not hold any shares in Jermyn Capital Partners Plc or Triumph Securities UK Plc. I am absolutely clear that I have done nothing wrong at any stage and am being victimised. My family has never been in stockbroking business. I have been in capital markets for the past 20 years after completing chartered accountancy. In the last 20 years, not once has there been an allegation of wrong doing, except dragging me in to various matters by various agencies in the Ketan Parekh matter."

Meantime, Doshi's woes are mounting. In October 2005, a non-bailable warrant was issued against him by the court of honourable Chief Judicial Magistrate, Ahmedabad (at the instance of the CBI), and his passport has been revoked. "The focus appears to have shifted from KP to me," quips Doshi. Jermyn, for its part, has challenged SEBI's stance (which has taken the shape of an interim order), and Doshi will doubtless pull out all stops to prove his innocence.

KP, for his part, points out that it's ridiculous to associate him with Jermyn, at a time when he's already been painted into a corner and has seemingly insurmountable odds against him. "True, I can trade from anywhere in the world in equities. But the question is not whether I can trade or not. The question is: Who will trade with me? Ketan Parekh and Harshad Mehta are names that are globally associated with scams. Besides, who will trade with you when you do not have a passport, can't travel?"

But can the once-upon-a-time big bull be kept down for too long? If SEBI is to be believed, KP is back, this time in the guise of a foreign institutional investor

The former market mover may have a point, but it's here that the crucial role of one of KP's former associates, Dharmesh Doshi, comes into play. A chartered accountant, Doshi's tryst with Ketan Parekh took place in 1998, when the Parekh family bought into Doshi's company, Oxford International Finance India. Oxford's name was then changed to Triumph International Finance (India) Ltd (TIFIL), with Doshi holding 31 per cent and KP and his brother Kartik owning 15.5 per cent. When the 2001 market scam came to light, SEBI banned TIFIL from trading in the markets and the CBI arrested KP and three other TIFIL directors. Doshi flew out to London, apparently to evade arrest; an Interpol Red Corner Notice was also issued against him. A SEBI official points out that it could be Doshi-a former Managing Director of TIFIL-who masterminded the operation from thereon, by first being instrumental in the rechristening of Triumph Securities UK Plc to Jermyn Capital Partners Plc, and then becoming a director of Jermyn Capital Partners Plc, looking after key functions. The upshot: Even as KP was back home away from the markets and busy fighting his countless cases, SEBI believes his associate was, in FII clothing, actively dealing in Indian equities.

STILL IN THE DOCK
Here's a list of penalties slapped on yesterday's Big Bull, along with investigations that are still under way:
» KP and six stockbroking entities associated with him have been debarred by SEBI from undertaking any fresh business as a stockbroker or merchant banker
» SEBI cancelled the certificate of stockbroking registration granted to Triumph International Finance (India) Ltd
» SEBI cancelled the certificate of registration granted to five broking entities associated with/controlled by KP
» SEBI prohibited KP and nine related entities from buying, selling or dealing in securities directly or indirectly and also debarred them from associating with the securities market for 14 years
» CBI arrested KP and three other co-accused directors of TIFIL in connection with the scam
» The Enforcement Directorate (ED) has found that KP and other directors of TIFIL violated provisions of the Foreign Exchange Management Act. The ED imposed a penalty of Rs 1 crore on TIFIL, Rs 20 lakh on KP and another director, and Rs 10 lakh on two other directors
» The Serious Fraud Investigation Office, under the Department of Company Affairs, is investigating 16 KP companies for any violation of the Companies Act 1956, as per a mandate given by the Joint Parliamentary Committee

When BT contacted Doshi, he denied such charges. "Regarding Jermyn Capital, the name was changed when change of ownership happened. Ketan Parekh was never a shareholder or director of Triumph Securities UK Plc or Jermyn Capital Partners Plc. Meanwhile, at any stage, I did not own any shares in Jermyn Capital Partners Plc or Triumph Securities UK Plc. (One) Hugh Hamilton Andrews owns 100 per cent of Jermyn Capital Partners Plc and 40 per cent of Jermyn Capital LLC." Jermyn's contention is that whilst it has no connection with KP, "neither TIFIL nor Doshi has been barred by SEBI from dealing in the Indian securities market. An order of SEBI dated May 16, 2002, only prevents TIFIL from being a SEBI-registered stock broker." And KP has this to say. "SEBI is trying to link Dharmesh with me, which is stupid. Anyone can claim to trade on my behalf. Nothing can be ruled out, but it's stupid to make such a conclusion. It's a grey area. The accusation that Dharmesh is trading on my behalf needs to be substantiated. The matter is in court. Dharmesh and Jermyn have gone to court. I have nothing to do with them in this matter."

EXCLUSIVE: INTERVIEW WITH KETAN PAREKH
"I Can Trade Internationally, But Who Will Trade With Me?"
He didn't want to be interviewed, and the only reason Ketan Parekh met Business Today is that he "wanted to clarify certain things that have been written in the context of Dharmesh (Doshi). Beyond that we have enough problems on our hands." Excerpts from BT's attempt at an interview:

So are you back in the Indian stock market?

Basically one of our old partners in Triumph (Dharmesh Doshi) is an employee with Jermyn Capital. SEBI thinks I am involved with Jermyn. I have nothing to do with Jermyn. I am not allowed to travel out of the country. How can I trade? I continue to be banned from operating in the market (for 14 years, of which four are now over). I am more busy fighting our cases, attending and answering courts, trying to resolve matters. SEBI does not allow us to have any direct or indirect association with the market. But we have appealed against this order.

What is the equation between you and Dharmesh Doshi?

It (Triumph Securities UK, Plc) was our overseas subsidiary. Dharmesh Doshi was abroad. He (Doshi) was allowed to travel. The problem was with me and not with Dharmesh. His only problem was that he was one of the directors of Triumph International Finance (the locally-listed entity), which got into trouble. He has been unnecessarily dragged into this. The (Interpol) Red Corner alert against him is because we owed money to a private client. Personally he doesn't owe anybody anything...you are trying to link Dharmesh with me, which is stupid. Anyone can claim to trade on my behalf. Nothing can be ruled out, but it's stupid to make such a conclusion. It's a grey area. The accusation that Dharmesh is trading on my behalf needs to be substantiated. The matter is in court. Dharmesh and Jermyn have gone to court. I have nothing to do with them. Why will I go to court in this matter?

So you've not participated in the ongoing bull run?

Yes, this is the biggest bull rally, and we've missed it. We have eight agencies to answer to. I had six offices, only one is left. Of my 400 employees, only 40 are left with me. We have to run the office just to answer queries from the various agencies like the CBI, the Income-Tax department, SEBI, and-now the new one-the Serious Fraud Investigation Office. There are 13-14 cases pending. We have been suspended and debarred from trading. Where then is the question that we are trading. With surveillance from the Bombay Stock Exchange (BSE) and SEBI, which is the best in the world today, how can we even dream of trading?

Are you allowed to trade in other markets (international or non-equity)?

I am not banned from accessing international markets. I could trade in commodities, but we don't understand commodities. True, I can trade anywhere in the world in equities, and also buy Indian shares (via overseas markets). But the question is not whether I can trade or not. The question is: Who will trade with me? Ketan Parekh and Harshad Mehta are names that are globally associated with scams. Besides, who will trade with you when you do not have a passport, can't travel...

Do you think you have been unfairly targeted?

Technically from a market point of view, we had not done anything wrong. I got into trouble because I tried to meet my commitments. I borrowed money from banks to meet my commitments in the market. We have paid something like Rs 2,000 crore to the exchanges in the last 2-3 months (before the supposed scam broke out) when the market was falling. The amount was paid to make settlement in the exchanges. But we did something stupid, so there's no point blaming others. We took a position and then the market collapses-both the Indian market and foreign market collapse. Suddenly the stock trading at $400 is quoting at $4. People across the world lost this type of money at that time. Since we borrowed from banks, the value of our assets, which were kept with the banks, came down. The CBI has alleged that we took a lot of money out of India. But tell me, how do you transfer money! What happened is that OCBs (overseas corporate bodies) that were clients of Triumph sold shares. Only the selling of the OCBs is being taken into account, not the buying side. Like any FII or OCB, they were buying and selling.

You've been accused of having a nexus with promoters, and rigging up the infamous K-10 stocks.

Every agency is looking into them (our alleged misdeeds). It's very easy to say something, to allege something. Till March 2001, I had not received a single notice from SEBI. Thereafter, we received something like 1,000 notices from them. Suddenly, whatever we did for the past two years was wrong. And what are these K-10 stocks-it was a media play as K-10 rhymed with Ketan.

Do you see yourself getting back to the market one day?

I am not going to answer anything on the market. As I said, we have enough things on our hands. We are trying to resolve our problems, and we are making progress. Our priority is to see that our depositors are paid; we are paying back Madhavpura Mercantile Cooperative Bank (MMCB) slowly (he owes the bank Rs 380 crore). We had assets (which have since appreciated), and are also getting back our receivables from clients. Then, property is being liquidated, stock being sold...We will be back one day. The willingness is there, but the capability has been taken away. It all depends on the legal system. If they allow us tomorrow, we will be back in the market tomorrow. But our focal point today is to clear our liabilities. If we do that, we could be back in two-three years.

The stock of Triumph International Finance of late has witnessed some activity? (The stock witnessed huge interest in August-September, touching a high of Rs 11.80 on August 31, 2005. In the same period, an average volumes of 11,500 shares changed hands on the BSE, compared to the current volmes of 150 shares.)

We find it surprising that the stock is being traded in the first place. People still hope...

KP says if he clears his liabilities, he could be back in two-three years

If SEBI's on the ball, KP could well be the lynchpin of the Triumph-turned-Jermyn masterplan, but the focus is increasingly shifting from KP to Doshi. "The problem was with me and not with Dharmesh," offers KP gallantly. "His only problem was that he was one of the directors of Triumph International Finance (the locally-listed entity), which got into trouble. He has been unnecessarily dragged into this." Doshi, too, wonders why "the focus of the order has shifted from Ketan Parekh to me personally. There is definitely more than what meets the eye in terms of SEBI's agenda...I am not charged or convicted by any court in India." Doshi has apparently informed Jermyn that the Interpol Red Corner notice issued by the CBI is "an abuse of process in India", and that he has approached Interpol in this matter.

At the time of writing, Jermyn Capital LLC had challenged SEBI's interim order, and the matter is currently with the Securities Appellate Tribunal, and a final order may be a few months away. SEBI's burning priority is to debar Jermyn Capital LLC from accessing the Indian markets, but the billion-dollar question is whether it can establish the arguably tenuous link between Jermyn, Doshi and KP.

 

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