|
She's
been making the headlines because of the humungous number of fictitious
demat accounts that have been traced back to her, a little over
27,000 at last count (demat, or dematerialised, accounts need
to be opened when an individual wants to buy or sell shares, which
are held electronically in the account). But Roopalben Nareshbhai
Panchal is by no means the first individual to be using this ploy
to corner chunks of allotments to initial public offerings (IPOs).
Consider for instance Purshottam Budhwani, who was ahead of Panchal
in the benami demat account opening race by a day. Budhwani flagged
off his spree on June 26, 2003, with 110 accounts, whereas Roopalben
was off the block on June 27, with 196 accounts. The dates are
significant because that was around the time the IPO of auto giant
Maruti Udyog Ltd (MUL) received an overwhelming response from
investors. The MUL issue eventually got oversubscribed nine times
when it closed on June 19, 2003. And it's no surprise that Budhwani,
who has seemingly deprived thousands of genuine retail investors
from getting allotment, is now a suspect on the hit list of the
Securities & Exchange Board of India (SEBI). The market watchdog
suspects Budhwani has been a front for alleged operators and financiers
abusing the IPO allotment process.
The Operators And The
Operation
How the IPO allotment process was abused,
and a killing was made. |
FINANCIER
He gets his money back once the operation is complete or
is sometimes compensated via shares in an off-market deal.
He may or may not be involved in the IPO scam
ON SUCCESSFUL ALLOTMENT...
The shares from each of the benami accounts are transferred
to a few select accounts of the front in an off-market deal
prior to the IPO listing. These shares are then transferred
to a clutch of operators or directly to the mastermind in
a further off-market transaction. The mastermind then sells
the shares on the very first day of listing
THE MASTERMIND
He's the lynchpin who provides the logistics, the money
(sometimes) and the game plan
THE FRONT ENTITIES
Typically small-time folk who play the foot soldier's role
to the hilt by opening thousands of demat and bank accounts
in collusion with branches of banks and depository participants.
They apply for IPOs under the retail category with few common
addresses, earning Rs 5-10 per application; alternatively
they're compensated via a specified commission based on
allotment
|
Budhwani's stratagem was simple: Open accounts
in batches of hundred and thousands at different intervals. After
the mid-2003 binge, Budhwani got into the act again in October
2004 by opening 424 accounts, and once again nine months later
with 2,822 accounts. That's why this gentleman's role is suspected
in garnering shares in many high-profile IPOs, including Shoppers'
Stop, Provogue India and IL&Fs Investmart. In its first phase
of investigations, SEBI is probing all IPOs post-June 2005; but
the regulator will also investigate issues prior to that cut-off,
considering many of these benami demat accounts came up in early
2003. Roopalben's high jinks pretty much mirror Budhwani's-2,166
in calendar 2003, and 6,807 in the following year, with hundreds
of the accounts having popular last names such as Gandhi, Patel,
Pandya and Rathod.
But in the midst of these names and mind-boggling
numbers, it's easy to get caught up with Roopalben and Budhwani,
thereby letting the bigger picture fade away. After all, these
two entities are just the pawns in a very elaborate game plan
that involves several other players, big and small. SEBI's preliminary
findings reveal the role of a set of operators who masterminded
the scam, possibly along with financiers who could have masqueraded
as small investors by creating thousands of accounts, with the
help of people like Roopalben and Budhwani, in the retail category.
These investors used to get the shares back through off-market
transactions before listing. Kirit Somaiya, President, Investors'
Grievances Forum (IGF), demands that the real financial beneficiaries
behind the multiple IPO scam should be first brought to book.
"The profit pocketed by such operators should be distributed
amongst the retail investors," suggests Somaiya.
Bahubali Shah, Chairman, Lok Prakashan Group
and a publisher of Gujarat Samachar daily, is one of the 35 suspected
financiers (or beneficiaries) banned from future IPOs, although
Shah claims he has not received any notice from SEBI so far.
When asked whether he had indeed received
Infrastructure Development Finance Company (IDFC) shares before
listing in an off-market transaction, Shah shot back to BT: "I
don't know Roopalben Panchal. I'm a genuine investor in the market
and always invest in ipos under the high net-worth category."
He adds that he does lend money in the market, but to companies
and not to any individuals.
THE SCORECARD SO FAR
Sebi has begun to crack the whip. |
»
Benami/fictitious accounts detected=47,926
» Suspected
front entities banned by SEBI=04
» Suspected
masterminds or financiers banned by Sebi=35
» Arrests=None,
yet |
SEBI has also come down heavily on the depository
participants (DPs) where the accounts are opened (stocks are held
in electronic form in a depository, which has agents who are the
DPs). "The fact that DPs failed to exercise even basic due
diligence gives rise to a suspicion that they have actively colluded
with the perpetrators," say sebi's preliminary findings.
The regulator also smells the connivance of DPs and brokers, as
most DPs also runs stockbroking businesses from the same premises.
Example: Rajendra Jhunjhunwala's Pratik Stock Vision Pvt. Ltd,
a broking-cum-depository firm near Dalal Street, which has, according
to SEBI, played a key role in doling out thousands of demat accounts
with fictitious names-all with a single address-in the Yes Bank
IPO (the biggest fish, of course, in this IPO was Roopalben, who
operated through 6,315 benami names, with Karvy as the DP and
Bharat Overseas as the bank). Yes Bank, which offered shares at
Rs 45, made its debut at Rs 60 per share in July 2005. That's
a cool profit of Rs 15 per share on listing day for all investors,
including the scamsters.
|
IGF's Somaiya: Wants the scam masterminds
brought to book |
In the meanwhile, an inspection by the National
Securities Depository Ltd (NSDL), one of the country's two depositories
which houses 72 lakh DP accounts, reveals Karvy Stockbroking's
DP has more than 20,000 accounts where 150 different addresses
were common (Karvy totally has 7.5 lakh accounts). But is there
any ceiling on how many DP accounts a client can open? Motilal
Oswal, Chairman, Motilal Oswal Securities Ltd, says there is no
restriction in opening multiple demat accounts. "There are
some 32 clients where we have seen multiple accounts numbering
140, but guidelines don't prevent investors from opening multiple
accounts," reasons Oswal. A top official of HDFC Bank has
responded by saying that multiple accounts had been opened at
various points of time between 1999 and 2002, in compliance with
SEBI's know-your-customer (KYC) norms prevailing at that point
in time. They may be right, but even as DPs claim that there are
not too many benami accounts, a massive drive is under way in
the market to close these fictitious, dematerialised accounts
before SEBI comes out with more names in a new set of IPOs.
Then there are the banks. Sources reveal
that fronts like Roopalben and Budhwani first cracked the banking
system to gain entry into the depository network. "It was
easier to do that in the more remote branches or by colluding
with branch managers. Once you can produce a bank certificate,
it's easy to get a demat account," reveals a source. "There
are also instances of bulk accounts being introduced by sub-brokers,"
adds the source. Adds C.B. Bhave, Managing Director, NSDL: "There
is a genuine fear that if somebody breaks through the bank, he
can easily break through the depository systems."
|
SEBI's M. Damodaran: Just the tip of
the iceberg? |
Roopalben had Bharat Overseas Bank as her
bank for over 27,000 dematerialised accounts, with the account
numbers bearing continuous serial numbers. Undoubtedly, banks
played a key role in the IPO abuse. Many also extended loans to
these fictitious entities possibly with the purpose of earning
interest and other charges. Inspections by the RBI are already
under way to find out if any of the banks involved violated the
KYC norms. Bharat Overseas Bank, HDFC Bank, Indian Overseas Bank,
ING Vysya Bank and Vijaya Bank are on the apex bank's watch list.
"We are taking severe punitive, corrective and futuristic
steps to avoid such recurrences in future," says G. Krishna
Murthy, Chairman & MD, Bharat Overseas Bank, in which the
benami account phenomenon was rampant. "Action is on the
way," he threatens. Insiders claim suspension of officials
and termination of branch licences, plus fraud charges against
the customers who violated the system, are the penalties that
could be slapped.
Bank of Rajasthan's Netivali Lokgram Kalyan
Branch also figures in the list of multiple applications (157
of them) in the Yes Bank IPO.
P.K. Tayal, Chairman of the bank, counters
by saying that all the 157 applicants in Yes Bank were financed
by the Kalyan Branch. "The bank wanted to make sure that
the refunds should go to the branch first as a precautionary measure,"
is Tayal's explanation.
|
Oswal: Says there is no bar on opening
multiple demat acounts |
High-profile merchant bankers-Kotak Mahindra
Capital Co., DSP Merrill Lynch, Enam Financial Consultants and
SBI Capital Markets-are also not above suspicion, along with the
registrars to the issue, Karvy Computershare being the most prominent
of them. "The role of every market intermediary is defined
by SEBI. We strictly work under that framework," defends
Indrajit Gupta, Managing Director, SBI Capital Markets, even as
he refused to answer any other questions on IPO abuse. One merchant
banker, on the condition of anonymity, passes the buck to the
registrar. "It has always been the registrar's job to weed
out multiple applications in an IPO," he says. An official
at Karvy Computershare, however, claims that "the same address
did not alert us because financiers tend to give single address.
It's a common market practice".
Clearly the blame game will continue, with
registrars pointing the finger at financiers, banks at DPs, and
vice versa. After the Yes Bank investigation, SEBI has revived
its MAPIN scheme-the market participants and investors integrated
database to enhance investor protection- with biometric fingerprinting;
more such measures are on the anvil both from SEBI and the RBI.
Clearly the need of the hour is better compliance, and close coordination
between the apex bank, the exchanges and the depository system.
Meantime, Roopalben is absconding, and the income-tax authorities
have got into the act by surveying all the entities named by SEBI.
Somaiya calls for investigation of all involved entities "for
manipulation of prices in the secondary market through multiple
demat accounts". But if retail investors become sceptical
of the entire IPO allotment process, irreparable damage might
have already been done.
|