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        Case ID :

        Bank Reforms to Check Frauds

        July 10, 2019

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        Occurrence of frauds was enabled by laxity in the financial system, and the underlying causes have been systematically dealt with by the Government through comprehensive steps for reduction in occurrence of frauds, and their proactive checking and timely detection. The steps taken in this regard include, inter-alia,the following:

        1. Government has issued “Framework for timely detection, reporting, investigation etc. relating to large value bank frauds” to Public Sector Banks (PSBs), for systemic and comprehensive checking of legacy stock of their non-performing assets (NPAs), which provides, inter-alia, that-
        2. all accounts exceeding ₹ 50 crore, if classified as NPAs, be examined by banks from the angle of possible fraud, and a report placed before the bank’s Committee for Review of NPAs on the findings of this investigation;
        3. examination be initiated for wilful default immediately upon reporting fraud to RBI; and
        4. report on the borrower be sought from the Central Economic Intelligence Bureau in case an account turns NPA.
        5. Fugitive Economic Offenders Act, 2018 has been enacted to deter economic offenders from evading the process of Indian law by remaining outside the jurisdiction of Indian courts. The act provides for attachment of property of a fugitive economic offender, confiscation of such offender’s property and disentitlement of the offender from defending any civil claim.
        6. PSBs have been advised to obtain certified copy of the passport of the promoters/directors and other authorised signatories of companies availing loan facilities of more than ₹ 50 crore and, decide on publishing photographs of wilful defaulters, in terms of Reserve Bank of India (RBI)’s instructions and as per their Board-approved policy and to strictly ensure rotational transfer of officials/employees. The heads of PSBs have also been empowered to issue requests for issue of Look Out Circulars.
        7. For enforcement of auditing standards and ensuring the quality of audits, Government has established the National Financial Reporting Authority as an independent regulator.
        8. Instructions/advisories have been issued by Government to PSBs to decide on publishing photographs of wilful defaulters, in terms of RBI’s instructions and as per their Board-approved policy, and to obtain certified copy of the passport of the promoters/directors and other authorised signatories of companies availing loan facilities of more than ₹ 50 crore.
        9. In order to bring transparency and accountability in the larger financial system, bank accounts of 3.38 lakh inoperative companies were frozen over the last two financial years.

        The impact of the above steps is reflected in RBI’s Financial Stability Report (FSR) of June 2019. As per FSR, systemic and comprehensive checking of legacy stock of NPAs of PSBs for frauds has helped unearth frauds perpetrated over a number of years, which is getting reflected in increased number of reported incidents of frauds in recent years compared to previous years. The details of frauds of ₹ 1 lakh and above that occurred during the last three financial years (FYs), reported by PSBs to RBI, as per inputs received from RBI, are as under:

        FY of occurrence

        Number of cases

        Amount  involved

        (in crore Rs.)

        2016-17

        1,745

        24,291

        2017-18

        1,545

         6,916

        2018-19

          739

         5,149

        Bank-wise details are at Annex.

        Note: Figures cited above for PSBs include those for IDBI Bank Limited, which was recategorised as a private sector bank by RBI with effect from 21.1.2019.

        This was stated by Shri Anurag Singh Thakur, Minister of State for Finance & Corporate Affairs in a written reply to a question in Lok Sabha today.

         

        ****

         

        Annex

        Details of frauds (Based on date of occurrence - Amount Involved ₹ 1 lakh and above) for Public Sector Banks        

         Amounts in crore Rs.

        Bank Name

        FY
        2016-17

        FY
        2017-18

        FY
        2018-19

         

         

         

        Comprehensive measures have been taken to prevent frauds including directions to banks to examine all NPA accounts above ₹ 50 crore from the angle of possible fraud, initiation of criminal proceedings, enactment of Fugitive Economic Offenders Act 2018, creation of Central Fraud Registry, empowering Bank Heads to request for issue of Look Out Circular, establishment of National Financial Reporting Authority, Straight through processing between Core Banking System and SWIFT, advice to banks to obtain certified copy of passport of promoters /directors of companies availing loan exceeding ₹ 50 crore etc.

        Allahabad Bank

        63

        11

        12

        Andhra Bank

        36

        37

        11

        Bank of Baroda

        140

        84

        32

        Bank of India

        95

        99

        52

        Bank of Maharashtra

        34

        32

        38

        Canara Bank

        48

        50

        24

        Central Bank of India

        59

        56

        45

        Corporation Bank

        52

        12

        5

        Dena Bank

        24

        11

        3

        IDBI Bank Limited

        91

        94

        99

        Indian Bank

        70

        47

        20

        Indian Overseas Bank

        53

        34

        30

        Oriental Bank of Commerce

        42

        24

        8

        Punjab and Sind Bank

        22

        3

        0

        Punjab National Bank

        101

        108

        33

        State Bank of India

        469

        618

        236

        State Bank of Bikaner and Jaipur

        5

        Merged

        with

        SBI

        Merged

        with

        SBI

        State Bank of Hyderabad

        6

        State Bank of Mysore

        12

        State Bank of Patiala

        6

        State Bank of Travancore

        15

        Syndicate Bank

        127

        78

        27

        UCO Bank

        31

        41

        27

        Union Bank of India

        83

        69

        15

        United Bank of India

        29

        15

        20

        Vijaya Bank

        32

        22

        2

         Source: RBI

         Note: IDBI Bank Limited was recategorised as a private sector bank by RBI with effect from 21.1.2019.

        *****

        Fraud detection framework tightens bank oversight, mandating NPA fraud scrutiny, willful default probes and intelligence reporting. A Framework for timely detection, reporting and investigation mandates banks to examine all NPA accounts above the specified threshold for possible fraud, present findings to internal review committees, initiate examination for wilful default on reporting to the central bank, and seek intelligence bureau reports where appropriate; complementary measures include passport verification of promoters/directors, publication of wilful defaulter photographs under board policy, rotational transfers of officials, empowerment to request Look Out Circulars, creation of a Central Fraud Registry, straight-through processing between core banking and messaging systems, establishment of the National Financial Reporting Authority, and enactment of the Fugitive Economic Offenders Act, 2018 for attachment and confiscation of fugitive assets.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Fraud detection framework tightens bank oversight, mandating NPA fraud scrutiny, willful default probes and intelligence reporting.

                                A Framework for timely detection, reporting and investigation mandates banks to examine all NPA accounts above the specified threshold for possible fraud, present findings to internal review committees, initiate examination for wilful default on reporting to the central bank, and seek intelligence bureau reports where appropriate; complementary measures include passport verification of promoters/directors, publication of wilful defaulter photographs under board policy, rotational transfers of officials, empowerment to request Look Out Circulars, creation of a Central Fraud Registry, straight-through processing between core banking and messaging systems, establishment of the National Financial Reporting Authority, and enactment of the Fugitive Economic Offenders Act, 2018 for attachment and confiscation of fugitive assets.





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