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.
-additional reporting by Ashish
Gupta
|