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Satyam Scam: Sebi bans Price Waterhouse from auditing Indian firms for two years

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[vc_row][vc_column][vc_column_text]Securities and Exchange Board of India found Pricewaterhouse Coopers guilty of complicity in the fraud that led to the decline of Ramalinga Raju’s Satyam Computers

Over nine years after the Rs 7136 crore Satyam Scam rocked India, Securities and Exchange Board of India (Sebi), late on Wednesday night (January 10) banned international auditing giant Pricewaterhouse Coopers (PwC) and its network entities from issuing audit certificates to any listed company in India for a period of two years.

The stock market regulator has also ordered disgorgement of over Rs 13 crore wrongful gains – along with interest calculated at 12 per cent per annum for the past nine years – from PwC and its two erstwhile partners who worked on the books of accounts of the B Ramalinga Raju-owned Satyam Computers at the time when the fraud was reported.

The decision of Sebi comes after two efforts by PwC to settle the case through consent mechanism and arbitration failed to yield any positive result.

“We are disappointed with the findings of the Sebi investigations and the adjudication order… we are confident of getting a stay before this order becomes effective,” Price Waterhouse said in a statement.

In its 108-page order – seen as the most strident ruling by the market regulator against any auditing company so far – Sebi said the company’s entities/ firms practicing as chartered accountants in India under the brand and banner of Price Waterhouse are banned from directly or indirectly issuing any certificate of audit of listed companies, compliance of obligations of listed companies and intermediaries registered with the regulator.

However, Sebi noted that the order would not impact audit assignments relating to the financial year 2017-18 undertaken by the firms forming part of the PW network.

The auditor’s Bengaluru firm and two erstwhile partners — S Gopalakrishnan and Srinivas Talluri — have been directed to disgorge the wrongful gains of “Rs 13,09,01,664 with interest calculated at the rate of 12 per cent per annum from January 7, 2009 till the date of payment”. This amount has to be paid within a period of 45 days.

Gopalakrishnan and Talluri have also been restrained from directly or indirectly issuing any certificate of audit of listed companies, compliance of obligations of listed companies and intermediaries registered with Sebi for three years.

Price Waterhouse had earlier approached the Supreme Court challenging Sebi’s jurisdiction over auditors. However, the apex court had asked the regulator to expeditiously pass the order in the matter after giving due opportunity, including access to documents, to the parties concerned.

Matters related to Satyam were also looked into by US regulators as PwC is also a listed company in the American market. However, the American authorities had agreed to settle case.

Sebi said the objective of insulating the securities market from such fraudulent accounting practices perpetrated by an international firm of repute will be ineffective if the directions do not bring within its sweep, the brand name PW.

The network structure of operations adopted by the international accounting firm should not be used as a shield to avoid legal implications arising out of the certifications issued under the brand name of the network, the Sebi order said.

Price Waterhouse has, expectedly, rejected the charges brought out against it by Sebi while expressing its disappointment on the ban. “The Sebi order relates to a fraud that took place nearly a decade ago in which we played no part and had no knowledge of. As we have said since 2009, there has been no intentional wrong doing by PW firms in the unprecedented management perpetrated fraud at Satyam, nor have we seen any material evidence to the contrary. We believe that the order is also not in line with the directions of the Hon’ble Bombay High Court order of 2010,” the accounting firm said in a statement issued as a response to the Sebi order.

In August 2010, the Bombay High Court had ruled that no directions can be issued against PwC if there is only some omission without proof of connivance and intent to fraud.

During the course of quasi-judicial proceedings, the auditing major had argued that ‘an auditor is not required to be a detective in the process of audit and it is sufficient to show that reasonable care and due diligence was administered by the auditor’.

With the Sebi order now jeopardising its operations in India, the international auditing giant claimed that Price Waterhouse Network firms in the country had learnt the lessons of Satyam and invested heavily over the last nine years in building a robust and high quality audit practice.[/vc_column_text][vc_column_text css=”.vc_custom_1515660175789{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #d6d6d6 !important;border-radius: 10px !important;}”]The Satyam Scam  

The scam – estimated at a staggering Rs 7136 crore – had come to light in January 2009 after Satyam Computer’s then chairman B Ramalinga Raju admitted in a letter to the company’s board and stock exchanges to have inflated revenue and profit over several years through an accounting fraud. The swindle was projected as India’s biggest accounting scam. The promoters – Ramalinga Raju and his kin – allegedly inflated revenue, fabricated invoices, falsified accounts and income tax returns, and forged fixed deposit receipts to paint a robust picture of the company’s financial strength.

PwC was the auditor of the company between 2000 and 2008; the period when these manipulations seemed to have taken place. According to Sebi, it needs to be borne in mind that PW firms have benefited from the relationship with Satyam Computer Services by having collectively received a fee of over Rs 23 crore during these years.

Out of this amount, over Rs 13 crore was ostensibly paid towards PW Bangalore for the audit of Satyam Computer Services as submitted by it. “Given that this remuneration was the identifiable monetary gain made by PW in its association with the audit of SCSL, it is clear that this wrongful gain is liable to be disgorged… the entire gain made from PW’s relationship with SCSL shall be treated as wrongful gain liable to be disgorged,” the Sebi has now concluded.[/vc_column_text][vc_column_text]Further explaining why it was taking the strong action against PwC, Sebi said: “The acts of the auditor induced the public to trade consistently in the shares of the company.”

During its investigations against Price Waterhouse, Sebi found that the company relied on the documents, such as bank account statements fixed deposit statement, that originated or had been sourced from the company itself.  “Bank statements should have been directly verified with the banks… By relying on the bank statements obtained from the auditee company merely on the ground that the statements looked genuine and did not arouse suspicion, PW clearly defied the auditing standards and principles,” Sebi said.[/vc_column_text][/vc_column][/vc_row]

India News

Why Hindenburg Research is shutting down: A personal note from the founder

Anderson emphasised that his choice was not prompted by any single factor. There are no external threats, health concerns, or urgent issues necessitating this decision. Instead, he described it as a natural conclusion to a significant chapter in his life.

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Nate Anderson, the founder of Hindenburg Research, has decided to shut down his short-selling venture, which has famously exposed alleged frauds amounting to billions and sent shockwaves through major corporations. From igniting a $150 billion crisis for the Adani Group to taking down giants like Nikola and Eros International, Hindenburg has become synonymous with financial scrutiny and controversy depending on one’s perspective.

In a comprehensive blog post titled “Personal Note From Our Founder,” Anderson revealed his decision, stating that the firm has fulfilled its mission and that it is time to move forward. “As I’ve shared with family, friends, and our team since late last year, I have made the decision to disband Hindenburg Research,” he wrote.

Anderson emphasised that his choice was not prompted by any single factor. There are no external threats, health concerns, or urgent issues necessitating this decision. Instead, he described it as a natural conclusion to a significant chapter in his life.

This announcement follows Hindenburg’s completion of its final investigations into alleged financial fraud, which have been submitted to regulators. “As of the last Ponzi cases we just completed and are sharing with regulators, that day is today,” Anderson noted.

Reflecting on his career, he acknowledged that his intense dedication to the firm had come at the expense of other life areas. Initially motivated by a desire to prove himself, he ultimately began to view Hindenburg Research as just one of many chapters in his life.

In the upcoming six months, Anderson plans to create and share content, including materials and videos, to transparently illustrate the firm’s investigative techniques. He hopes this will inspire others to pursue similar efforts.

Hindenburg Research operated with a small but committed team of 11 members. Anderson praised their dedication to precise, evidence-based reporting and their courage in uncovering financial fraud. His team’s efforts have significantly influenced the landscape of financial accountability, with nearly 100 individuals facing civil or criminal charges partially attributable to their investigations.

“Nearly 100 individuals have been charged civilly or criminally by regulators, at least in part due to our work, including billionaires and oligarchs. We shook some empires that we felt needed shaking,” Anderson stated.

Hindenburg garnered international attention in January 2023 when it published a report alleging fraud and stock manipulation by the Adani Group. This report triggered a massive selloff in Adani’s stock, erasing over $100 billion from Gautam Adani’s personal wealth and causing the market capitalization of 10 Adani Group companies to plummet from ₹19.19 lakh crore on January 24, 2023, to below ₹7 lakh crore by February 27.

Although Adani stocks eventually recovered, the Supreme Court later noted that allegations made by organizations like Hindenburg, without proper verification, cannot be considered valid evidence. Previously, Hindenburg’s investigations included exposing Nikola Corporation in 2020 for fraud, which resulted in the resignation of founder Trevor Milton.

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India News

Sensex sheds 1,049 points, Nifty drops below 23,100

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Sensex falls 1,049 points, Nifty slips below 23,100 amid market downturn

The Indian stock market faced another day of sharp declines on January 13, as bearish sentiments tightened their grip for the fourth consecutive session. Weak global cues, a surge in crude oil prices to a three-month high, and reduced expectations of a U.S. rate cut in 2025 contributed to the downward spiral.

At the close of trading, the Sensex plunged 1,048.90 points or 1.36% to settle at 76,330.01. The Nifty also fell significantly, shedding 345.55 points or 1.47% to close at 23,085.95.

Sectoral impact

All sectoral indices ended the session in the red. The realty index was the worst hit, slumping by 6.7%. Other sectors, including oil & gas, power, PSU, metal, and media, recorded losses in the range of 3-4%.

This broad-based sell-off saw investors’ wealth take a major hit. The market capitalization of BSE-listed companies dropped sharply by Rs 12.39 lakh crore, falling to Rs 417.28 lakh crore from Rs 429.67 lakh crore in the previous session.

Key drivers of the decline

Crude oil prices: Crude oil surged to a three-month high, stoking fears of inflationary pressures and higher input costs across industries.

Global market trends: Weak global markets added to investor apprehensions, as global indices reflected a cautious outlook amid economic uncertainties.

Interest rate concerns: Revised expectations that the U.S. Federal Reserve may delay rate cuts in 2025 also weighed on investor sentiment.

Outlook

Market experts suggest that volatility may persist in the near term as global and domestic factors continue to influence investor behavior. A focus on corporate earnings reports and international economic trends will be critical in shaping market movements in the weeks ahead.

With a significant erosion in investor wealth, market participants remain cautious as they navigate the ongoing uncertainties.

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Latest business news

Pune entrepreneur asks Blinkit CEO to launch ATM service after Ambulance, sparks debate

It’s worth mentioning that similar services are already available, such as platforms like MakeMyTrip that offer foreign currency delivery.

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Days after Blinkit launched its 10-minute ambulance service, a start-up founder and YouTuber reached out to Blinkit CEO Albinder Dhindsa with a request to introduce an “ATM-like” service. The founder suggested that this service would be “incredibly helpful.”

Harsh Punjabi, founder of The Dot Company and a YouTuber, posted on social media platform X: “Hey @albinder, please start an ATM-like service on Blinkit. Users could pay via UPI, and cash could be delivered to their doorstep in under 10 minutes. That would be super helpful!”

His rationale for this suggestion became clear in a follow-up tweet where he expressed, “Leaving for a trip and need cash. I only have Rs 100 at home. I don’t want to go to the ATM, but it looks like I’ll have to.”

Punjabi’s tweet sparked a variety of responses. Some users pointed out that delivery charges would incur an 18 percent GST, while others claimed that the idea would make Indians lazier. Many questioned the need for cash, given the widespread acceptance of UPI.

One user remarked, “The idea is good, but the 18 percent GST on delivery charges would ruin everything,” while another joked, “This scheme should be kept a secret.”

Another user lamented, “Why doesn’t Blinkit breathe on our behalf too? We’ve become that lazy,” and another added humorously, “Please, let’s not make India lazy to this extent.”

A user highlighted that similar arrangements exist where customers go to shops, pay extra for their bills, and take back the additional cash for tasks like paying rickshaw pullers.

“Why do you want cash? Cash should be eliminated. We need maximum digitalization,” one user opined, while another noted that acquiring smaller notes can be tricky, especially when UPI isn’t an option.

It’s worth mentioning that similar services are already available, such as platforms like MakeMyTrip that offer foreign currency delivery.

On January 2, Blinkit announced its ambulance service. Dhindsa stated, “We are taking our first step toward addressing the challenge of providing quick and reliable ambulance services in our cities. The first five ambulances will be operational in Gurugram starting today. As we expand, users will soon have the option to book a Basic Life Support (BLS) ambulance through the Blinkit app.”

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