Thursday, January 8, 2009

Raju can go to jail for 10 years for cheating investors

Satyam Computer Services former Chairman B Ramalinga Raju can face up to 10 years imprisonment along with a fine, which may extend to Rs 25 crore, in the financial fraud that led to erosion of investors wealth by whopping Rs 10,000 crore in a day.

Market regulator Securities and Exchange Board of India already has ordered an enquiry into the issue to find out if Raju has violated the various regulations pertaining to dealings in securities market.

The regulator would look into various statutory violations, which include unfair trade practices, insider trading regulation and take over code. The enquiry would be conducted by a SEBI General Manager, Sunil Kumar, who had been designated as investigating authority.

Under the SEBI Act, imprisonment and monetary penalty could be awarded "if any person contravenes or attempts to contravene or abets the contravention of the provision of this Act or of any rules or regulations made there under".

This would mean that Raju could be punished for violating the securities regulation and as well as for abetting officers of Satyam to commit financial fraud, corporate law practitioners said.

In addition to violation of the SEBI norms, Raju can also be tried for other offences like misappropriation of funds and breach of trust under various sections of the Indian Penal Code and Companies Act.

More significantly, noted Supreme Court lawyer Fali S Nariman said that the country needs to put in place system to check such corporate frauds and financial irregularities.

"It has grave implications on corporate morality... It is disquieting that it is happening all over the world. I am very disturbed and its a very bad sign," he added.

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