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Banking Frauds - Shanmugam IAS academy in coimbatore
Banking Frauds

What’s in the News?

The Central Vigilance Commission (CVC) has constituted the Advisory Board for Banking Frauds (ABBF) headed by former Vigilance Commissioner T.M. Bhasin to examine bank fraud of over ₹50 crore and recommend action.

Background:

  • SFIO is a multi-disciplinary organization under the Ministry of Corporate Affairs, consisting of experts in the field of accountancy, forensic auditing, law, information technology, investigation, company law, capital market and taxation for detecting and prosecuting or recommending for prosecution white-collar crimes/frauds.
  • It has its head office in New Delhi. The Computer Forensic and Data Mining Laboratory (CFDML) was set up in 2013 to provide support and service to the officers of SFIO in their investigations. Serious Fraud investigation (SFIO) was initially set up by the Government of India by way of a resolution dated 2nd July, 2003. At that time SFIO did not enjoy a formal legal status.
  • The Government of India had set up a Committee on Corporate Governance under the Chairmanship of Shri Naresh Chandra, former Cabinet Secretary. The Naresh Chandra Committee inter-alia recommended setting up of Corporate Serious Fraud Office.
  • Section 211 of the Companies Act, 2013, has accorded statutory status to the Serious Fraud Investigation Office (SFIO). SFIO also has powers to arrest people for the violation of the Company law. An investigation into the affairs of a company can be initiated by the Central Government and entrusted to the Serious Fraud Investigation Office under the following circumstances:
    • on receipt of a report of the Registrar or inspector under section 208 (Report on Inspection made) of the Companies Act, 2013.
    • on intimation of a special resolution passed by a company that its affairs are required to be investigated in public interest.
    • on request from any Department of the Central Government or a State Government.

Keydata’s:

  • The ABBF, formed in consultation with the RBI, would function as the first level of examination of all large fraud cases before recommendations or references are made to the investigative agencies by the respective public sector banks (PSBs), the CVC said in an order.
  • The four­ member board’s jurisdiction would be confined to those cases involving the level of officers of General Manager and above in the PSB in respect of an allegation of a fraud in a borrowing account, it said.
  • Lenders would refer all large fraud cases above ₹50 crore to the board and on receipt of its recommendation or advice, the bank concerned would take further action in such matter, it said.
  • “The Central Bureau of Investigation may also refer any case or matter to the board where it has any issue or difficulty or in technical matters with the PSB concerned,” it added.

 

 

Links to note:

https://www.iasipstnpsc.in/reserve-bank-of-india-2/

https://sfio.nic.in/SFIOHistory.aspx

https://www.thehindu.com/news/national/cvc-sets-up-panel-to-probe-bank-fraud/article29253856.ece

https://drive.google.com/file/d/1FzaSiXZTeSdXFMfgGWmri1b9fHOIsmRA/view

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