SFIO
submits Interim Report on Investigations conducted against 63 ‘Chit Fund’
Companies. Useful
Information Collected from the Servers located in India; Efforts on to get the
same from Servers located abroad.
An
interim report has been submitted by the Serious Frauds Investigations Office
(SFIO) of the Ministry of Corporate Affairs (MCA) about investigations
conducted against 63 ‘Chit Fund’ companies operating in eastern states of the
country. While State Governments are the appropriate authorities for
regulations of such ‘Chit Fund’ companies under the Chit Funds Act 1982, but
keeping in view the larger public interest involved in these cases, MCA had in
April 2013, entrusted SFIO with the investigation of 63 companies belonging to
five groups. A Special Task Force (STF) was also set up in the SFIO to look
into the functioning of the so called ‘Chit Fund companies’ in the country as a
whole.
As
per the report, useful information has been collected from the servers of the
companies housed in India by using forensic technology. However, enforcement
agencies are making all efforts to access information stored in servers located
outside India. The report also observes that promoters of such companies have
tried to take advantage of multiple legislations with overlapping
jurisdictions. There has been proliferation of innovative financial products in
the market due to technological advancement and extensive use of the internet
to market such products to investors. The report notes that there has been
evidence of financial mismanagement, diversion and siphoning off funds by the
promoters. Due to non co-operation by the promoters of one of the group
companies, SFIO had to resort to search and seizure operations, after obtaining
appropriate court orders.
Corrective
measures have already been initiated by the Government of India by constituting
an Inter-ministerial Group to work out the modalities for better inter-agency
coordination. Regulatory agencies such as the Ministry of Corporate Affairs,
SEBI and RBI have already launched media campaigns aimed at cautioning
investors not to fall prey to fraudulent companies.
SFIO
will be submitting their final report to the Ministry by the end of December
2013.
0 comments:
Post a Comment