May be this
is an exaggeration. But I felt many times that there is only one place in the
world where we find a strange combination of sweet tongue and intelligent
deception followed by cutthroat action. That is the banking sector. We would also see the greatest paradoxes
there. While the multibillionaire who evades the repayment is treated with
soothing drinks and cookies in the chamber of the chief manager, the goons of
the bank threaten the poor farmer with auction notices for his hut, driving him
to suicide. Such banking mode of conduct is not limited to the private banks,
but to the public sector, the scheduled and the co-operative banks as well.
Image: 123rf.com
Who
will render justice in an unequal banking world? It was sad to hear that a poor
farmer was imprisoned in Kerala for the delay in repaying an instalment of the
loan taken to pay his daughter’s fee. A few days back a farmer who stayed in
Kundapur in Udupi who owned 1.3 acre of rubber plantation committed suicide
when he could not repay a loan from a co-operative society.
For a
‘favored’ customer, loan conditions are either waved or compliances fabricated.
But, the banker will look at a small customer who is in dire need of a loan as
a potential cheater who might run away with bank’s money and insist for
compliance to stringent and outdated terms and conditions. Apart from farmers,
another category of victims of highhandedness of banks are the students. Not
very long ago, a hapless nursing student committed suicide due to the
harassment of bank officials. Impractical, complex and discouraging approach of
the bank authorities force people to fall in the hands of unscrupulous and
greedy money lenders.
When I got
my job, I approached the manager of a scheduled bank for a car loan. Apart from
the hypothecation of the car, salary certificate and an agreement to debit the
EMI from the salary account, the manager wanted original deed of at least 2
acres of land as security to grant the loan, that too at an exorbitant interest
rate.
It looks
like most bank managers are trained to do anything for the sake of results.
They are committed ‘utilitarians’. They
believe in the end, not the means. So much we hear about promotion of start-up
companies these days. But ask any young, bright and enthusiastic innovator who
wants funds for her venture about her experience while interacting for a bank
loan. Most bank managers are hesitant to
support young entrepreneurs like her in spite of a collateral security. Even if
their actions lead to shattering of dreams of a farmer, entrepreneur, or a
student, the officials go by rulebook if the customer is not a big fish. However
banks and their legal teams close their eyes on the benami properties of
large defaulters who ran to BIFR (The Board of Industrial and Financial
Reconstruction) or other similar agencies. Banks in turn treat the outstanding as irrecoverable bad debts
and cry to the government for schemes in the budget to rescue their stressed
assets.
Bank
managers are never shy of illegal or slush money (I don’t like to use the world
‘black’ to refer to unaccounted money as the world has inherent racial bias).
In those days when banking was not computerized, bank managers used to keep the
account pass books of the large depositors of money not disclosed to tax
authorities in their cabin or in their house. These accounts were known only to
the manager or his one or two trusted staff. They still do that albeit in
different ways. Not only swiss banks, many desi banks too are notorious for
money hiding. They will receive any sum with widely stretched hands and lips.
Financial institutions are supposed to send ‘Cash Transaction Reports’ (CTR)
and ‘Suspicious Transaction Reports’ (STR) to the Financial Intelligence Unit
of the country (FIU-IND). However, detection of huge unaccounted income by
enforcement authorities indicates that the reporting mechanism has been flouted
in such cases. Immediately before the serial bomb blasts in Coimbatore in 1997,
it was noticed that crores of rupees were transacted through the bank accounts of
an STD booth owner from a branch of a scheduled bank in Mumbai to its branch in
Coimbatore. Funds related to drug trading, terrorism and other illegal
activities are transacted through KYC-non-compliant accounts and it is extremely
difficult to nab the criminals and beneficiaries and to ascertain the character
and purpose of the transactions.
Some bank
officials double up as tax consultants too. Many managers are experts in giving
dubious tax advices to those slush money holders and tax evaders who want to
pump them to respectable domains. They suggest different strategies based on
the quantum of the amount. If the amount is only a few million, they suggest
them to deposit the money in multiples of Rs 49999/- or less to escape quoting of
PAN number. The mangers are very benevolent by giving them blank Forms
(15G/15H) to sign which contain a
declaration that the taxable income of the depositor from all sources is below
taxable limit and therefore no tax be deducted from the interest income. Some
mangers would open accounts in various names (they themselves will suggest the
names, if the depositor is in short of names to open SB accounts: Ramasamy,
Chinnasamy, Munisamy, Narayanasamy, Rathnasamy etc. with many permutations and
combinations of names ending in Samy, Sami, Swami, and Swamy ). Some
co-operative banks in the country are dens of illegal deposits and therefore
they oppose the rules related to quoting
of PAN and deducting tax on the interest income. People spend huge sums to get
elected to the boards of such banks for obvious reasons.
Some banks
aid in money laundering in grand scale globally. Recently, a few banks
including one in the public sector were found to be aiding an organized racket
of money laundering in the guise of remittances related to export and import.
As per reports, many domestic help, rickshaw-pullers, drivers and unemployed
youth were made directors in fake companies (by giving them a few thousands of
rupees) as part of Rs 6000 cr ‘banking-hawala’ scandal. The scam came to light
when an internal audit team alerted the top managements about a fraudulent
trade circuit wherein exports were made through inflated bills and duty
drawback claimed through fake import bills by a few businessmen. Case is being
investigated by CBI, ED and SFIO (Serious Fraud Investigation Office).
If you
thought that only persons like Satyam’s Ramalingaraju can show huge deposits
out of thin air to mislead the investors and potential collaborators, you are
mistaken. Some of the bank mangers in interior Kerala could certify that their
branch deals in huge foreign currency to aid the black money launderers. In one
case it was found by the concerned enforcement authorities that a bogus
certificate was issued by the manager of a scheduled bank that a particular NRE
account maintained in the branch contained huge amounts in foreign currency and
a cheque was issued to a tax evader by the account holder as a gift out of
‘love and affection’. Everything was strange here: Donor and donee didn’t know
each other; foreign currency was not actually deposited by the customer, but by
an agent dealing in such currencies; and donee paid the money in Indian rupees
including an attractive commission to the agent. The bank manager and the NRE
account holder got their share of commission for illegally ‘renting’ out the
bank account for such transactions. How could such transactions escape the
internal audits and statutory audits? (That is another issue of concern. The
present system of statutory audit is marred by corruption, nepotism and
inefficiency. Read this article).
Thousands
of cases of cyber money frauds are happening across the globe. Lakhs of people
are cheated by the fraudsters who operate as insurance agents, telecom tower
installers, multilevel marketing firms etc. In all these cases money is
ultimately withdrawn by the fraudsters through bank accounts opened by
violating the KYC (Know Your Customer) guidelines and hence police is unable to
track the funds or the criminals. Banks cannot absolve their responsibilities
in such crimes perpetrated with the connivance of their officials.
Banks are
also unjustly enjoying thousands of crores of unclaimed deposits without taking
any action as per the circulars issued by RBI directing them to find out the
whereabouts of the depositors or their immediate heirs, nominees or introducers.
They are reluctant to treat them as inoperative accounts. There is a likelihood
that such inoperative accounts are used to aid the fraudsters and launderers
since these accounts are already KYC compliant. Unless such inoperative
accounts are separately categorized and audited, these would be used for
dubious purposes with the collusion of officials.
Banking
business ethics
Management
institutes have reluctantly incorporated Business Ethics as a course for the
MBA students. When it was an elective, there were no takers for this course as
students thought that any credit received for that course would not increase
their bargaining power (for higher pay) in the job market or during the campus
placements. After witnessing thousands of scams all over the world, a course
called Corporate Governance and Business Ethics has been introduced as a compulsory
paper in management schools. But many banks are yet to give priority to teach
their officer trainees lessons in ethics in marketing, finance and accounting.
Obviously some managements don’t want their officials to be too much ethical
when it comes to increasing the bank’s profits. Their definition of honesty is
limited to protection of bank’s assets and their brand value and nothing more.
(This
article is not intended to generalize the situation to all banks. There may be
a few banks and their officials who are rule abiding, ethical and vigilant.)
© Sibichen K Mathew Views are personal