Page 21 - Bloomberg Businessweek July 2018
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Bloomberg Businessweek
                                               THE HEIST ISSUE


     be transferred to Pune,” Prabhu says. “I’d ask him: ‘Stay   connected to politicians or bank directors, with loans too
     here a while. Why are you in such a hurry?’ ” Kharat   liberally advanced and too lethargically pursued. “If you
     couldn’t have known about the convolutions of the pur-  line up a list of the top 20 defaulters, they’re all seen to
     ported scam, Prabhu adds. “His work was like data-entry   be politically very powerful,” he says. That’s partly why
     work. He would have had to type in so many entries, day   stressed assets, which include  nonperforming assets and
     in and day out,” he says. “It wouldn’t have been easy for   restructured loans, make up 16.2 percent of state banks’
     anyone to tell which were fraudulent and which weren’t.   loans; the figure for  privately owned banks is 4.7 percent.
     And Kharat—I can vouch for him. He wouldn’t even rec-  Modi does have powerful friends—he appeared in an offi-
     ognize what a letter of undertaking is.”        cial group photo  with Indian Prime Minister Narendra
       Prabhu was less familiar with Shetty, a clean-shaven   Modi (no relation) at the World Economic Forum in
     man with graying temples. “He wasn’t the type who’d sit   Davos in January—but there’s been no suggestion that
     and chat with you,” Prabhu says. “He wouldn’t converse   political influence helped him and Choksi obtain letters
     at all.” In May the CBI said Shetty had “obtained illegal   of undertaking.
     gratification”—bribes, in other words—from Modi’s and   The notion that they could have pulled off such a swin-
     Choksi’s companies in return for his assistance. Press   dle with the collusion of just two bank employees was
     reports claimed Shetty had confessed to the CBI after his   abandoned in mid-May, when the CBI filed charge sheets,
     arrest, but his lawyer issued a statement denying that he   running into thousands of pages, against Modi, Choksi,
     was guilty. Kharat’s lawyer said in a statement that his   and several past and present PNB employees. The high-
     client had only typed out such letters “under pressure   est official to be named was Usha Ananthasubramanian,
     from Gokulnath Shetty. He has no role in the case.” Bhat’s   the bank’s chief executive officer from 2015 to 2017.
     attorney said his client was only a signatory and didn’t   Ananthasubramanian and other executives were accused
     understand the terms of the documents.          of failing to implement a 2016 order from India’s central
       A former PNB executive, speaking on condition of ano-  bank to seal the gap between PNB’s Swift platform and
     nymity, says there was little reason to believe Shetty and   its main database. Further, the CBI alleged, these officials
     Kharat were the only two employees involved. “There is   had misled the central bank, assuring it these systems   59
     a concurrent auditor sitting there all day, for instance.   were secure. (In a text message, Ananthasubramanian
     He’s supposed to validate the daily transactions. It isn’t   denied she was guilty.)
     as if he slipped up on one day, or two days. This went on   The charge sheets are merely precursors to a trial,
     for years. How did that happen?” The funds moving in   but the wheels of the judiciary in India grind with exas-
     and out of PNB’s  nostro account overseas should, simi-  perating sloth. Lalit Modi, another tycoon (again, no
     larly, have triggered an alarm when they failed to match   relation to Nirav) who nipped out of the country just as
     up with the actual sums the bank had approved.   law enforcement agencies began cracking their fingers,
       It’s also possible that Modi’s credit lines simply   reached London in 2010; the government has yet to sub-
     drowned within PNB’s oceanic volume of business; by 2017   mit an extradition request to bring him home for trial.
     its total assets stood at $106 billion. “At the corporate level,   If Nirav Modi ever makes it back to India, he’ll face
     these transactions aren’t noticeable,” the former executive   multiple charges, including conspiring to defraud PNB
     says. “But the branch manager should have noticed.” The   and money laundering—accusations his lawyer called
     governance of India’s state-run banks needs to improve,   “half-baked” in a statement released in May. In a way, the
     the former executive acknowledges. Political nudges and   fraud has cost the state-run banking system not only PNB’s
     corrupt officials are familiar itches in the banking body, so   immediate $2 billion but also future funds. At least two
     a loose system of accountability is an invitation to fraud.   banks have deferred their plans to raise fresh capital in
       Harsh Vardhan, the head of Bain & Co.’s financial-   the first half of this year. “There has been a real shaking
     services practice in India and a trenchant critic of how   of investors’ faith in governance, and that faith was never
     state banks are run, says he was stunned when news of   strong to begin with,” Vardhan says. “That’s where the
     the PNB fraud emerged. “I couldn’t understand how this   real damage has been.” The banks can try to convince
     could have happened. This was all Risk Management 101.”   their shareholders and investors—and perhaps even them-
     State-run banks undergo multiple audits, he says, “all of   selves—that the scam was an anomaly, an aberration, the
     which seem to have been compromised.”           product of a stray loophole that someone had hoovered
       Cronyism and corruption are endemic to the  system,   money through. Only, there’s nothing as yet to indicate
     Vardhan adds. Standards change when the borrowers are   that this is the truth. <BW>


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