Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
ON
“BANKING FRAUD "
A Project Submitted to
University of Mumbai for Partial Completion of the Degree of
Bachelor of Financial Market
BY
ANIL SURESH BASUDE
ROLL NO.:- 36
UNIVERSITY OF MUMBAI
2019-20
DECLARATION
Certified By:
1
INTRODUTION 1
2
THE MECHANICS OF 13
CREDIT CARD TRANSACTION
3
CREDIT CARD OPERATIONS OF BANK 19
6 DEBIT CARD 43
7
QUESTIONNARIES 58
8
PUNJAB NATIONAL BANK 60
9 REVIEW OF LITERATURE 62
1
Chapter:-1.Introduction:
Banking industry in India has traversed a long way to assume its present
stature. It has undergone a major structural transformation after the
nationalization of 14 major commercial banks in 1969 and 5 more on 15
April 1980.
Banks are the engines that drive the operations in the financial sector, which
is vital for the economy. With the nationalization of banks in 1969, they also
have emerged as engines for social change. After Independence, the banks
have passed through three stages. They have moved from the character based
lending to ideology based lending to today competitiveness based lending in
the context of India's economic liberalization policies and the process of
linking with the global economy.
2
Section 5(b) of the Banking Regulation Act, 1949 defines banking as
“Banking is the accepting for the purpose of lending or investment, deposits
of money from the purpose of lending or investment, deposits of money
from the public, repayable on demand or otherwise and withdraw able by
cheque, draft, order or otherwise.”
In the present day, Global Scenario Banking System has acquired new
dimensions. Banking did spread in India. Today, the banking system has
entered into competitive markets in areas covering resource mobilization,
human resource development, customer services and credit management as
well.
With the rising banking business, frauds in banks are also increasing and the
fraudsters are becoming more and more sophisticated and ingenious. In a bid
to keep pace with the changing times, the banking sector has diversified its
business manifold. Replacement of the philosophy of class banking with
mass banking in the post-nationalization period has thrown a lot of
challenges to the management on reconciling the social responsibility with
economic viability.
The banking system in our country has been taking care of all segments of
our socio-economic set up. A bank fraud is a deliberate act of omission or
commission by any person carried out in the course of banking transactions
or in the books of accounts, resulting in wrongful gain to any person for a
temporary period or otherwise, with or without any monetary loss to the
bank.
3
Definition of Fraud:
Fraud is defined u/s 421 of the Indian Penal Code and u/s 17 of the Indian
Contract Act. Thus essential elements of frauds are:
4
Bank Frauds:
Losses sustained by banks as a result of frauds exceed the losses due to
robbery, dacoit, burglary and theft-all put together. Unauthorized credit
facilities are extended for illegal gratification such as case credit allowed
against pledge of goods, hypothecation of goods against bills or against book
debts. Common modus operandi are, pledging of spurious goods, inletting
the value of goods, hypothecating goods to more than one bank, fraudulent
removal of goods with the knowledge and connivance of in negligence of
bank staff, pledging of goods belonging to a third party.
While the operations of the bank have become increasingly significant, there
is also an occupation hazard. There is a Tamil proverb, which says that a
man who collects honey will always be tempted to lick his fingers. Banks are
all the time dealing with money and the temptation should therefore is very
high. Oscar Wilde said that the thief was an artist and the policeman was
only a critic. There are many people who are unscrupulous and are able to
perpetrate a fraud. We must be able to see that we devise our systems and
procedures in such a way that the scope for such clever and unscrupulous
people is reduced.
An analysis made of cases brings out broadly the under mentioned four
major elements responsible for the commission of frauds in banks.
5
1. Active involvement of the staff-both supervisor and clerical either
independent of external elements or in connivance with outsiders.
2. Failure on the part of the bank staff to follow meticulously laid down
instructions and guidelines.
3. External elements perpetuating frauds on banks by forgeries or
manipulations of cheques, drafts and other instruments.
4. There has been a growing collusion between business, top banks
executives, civil servants and politicians in power to defraud the
banks, by getting the rules bent, regulations flouted and banking
norms thrown to the winds.
6
Chapter:-2 Mechanics of bank frauds:
By Insiders:
1. Wire fraud
2. Rogue traders
Unfortunately, when one investment loss is piled onto another, the costs
to the bank can reach into the hundreds of millions of dollars; there have
even been cases in which a bank goes out of business due to market
investment losses.
7
3. Fraudulent loans
One way to remove money from a bank is to take out a loan, a practice
bankers would be more than willing to encourage if they know that the
money will be repaid in full with interest. A fraudulent loan, however, is
one in which the borrower is a business entity controlled by a dishonest
bank officer or an accomplice; the "borrower" then declares bankruptcy
or vanishes and the money is gone. The borrower may even be a non-
existent entity and the loan merely an artifice to conceal a theft of a large
sum of money from the bank.
Forged documents are often used to conceal other thefts; banks tend to
count their money meticulously so every penny must be accounted for. A
document claiming that a sum of money has been borrowed as a loan,
withdrawn by an individual depositor or transferred or invested can
therefore be valuable to a thief who wishes to conceal the minor detail
that the bank's money has in fact been stolen and is now gone.
5. Uninsured deposits
There are a number of cases each year where the bank itself turns out to
be uninsured or not licensed to operate at all. The objective is usually to
solicit for deposits to this uninsured "bank", although some may also sell
stock representing ownership of the "bank". Sometimes the names appear
very official or very similar to those of legitimate banks. For instance, the
"Chase Trust Bank" of Washington D.C. appeared in 2002 with no
licence and no affiliation to its seemingly apparent namesake; the real
Chase Manhattan Bank is based in New York.
8
There is a very high risk of fraud when dealing with unknown or
uninsured institutions.
The risk is greatest when dealing with offshore or Internet banks (as this
allows selection of countries with lax banking regulations), but not by any
means limited to these institutions.
By others
Thieves have altered cheques to change the name (in order to deposit
cheques intended for payment to someone else) or the amount on the face
of a cheque (a few strokes of a pen can change Rs.10000 into Rs.100,000,
although such a large figure may raise some eyebrows).
9
even alleged accounts owned by non-existent depositors. The cheque will
then be deposited to another bank and the money withdrawn before the
cheque can be returned as invalid or for non-sufficient funds.
8. Stolen cheques
9. Accounting fraud
Accounting fraud has also been used to conceal other theft taking place
within a company.
10
1. Bill discounting fraud
2. Cheque kiting
Deposit Rs.1000 in one bank, write a cheque on that amount and deposit
it to your account in another bank; you now have Rs2000 until the cheque
clears.
A cheque is cashed and, before the bank receives any money by clearing
the cheque, the money is deposited into some other account or withdrawn
by writing more cheques. In many cases, the original deposited cheque
turns out to be a forged cheque.
11
What they were actually doing was check kiting; like a kite in the wind, it
flies briefly but eventually has to come back down to the ground.
They.are:
i),Genuine cards are manipulated
ii) Genuine cards are altered
iii) Counterfeit cards are created
iv) Fraudulent telemarketing is done with credit cards.
v) Genuine cards are obtained on fraudulent applications in the
names/addresses of other persons and used.
i) Booster cheques:
12
cash advances until the newly-"raised" available limit on the card is
reached. The original cheque then bounces, but by then it is already too
late.
Often, the first indication that a victim's wallet has been stolen is a phone
call from a credit card issuer asking if the person has gone on a spending
spree; the simplest form of this theft involves stealing the card itself and
charging a number of high-ticket items to it in the first few minutes or
hours before it is reported as stolen.
13
and the data used to produce duplicate cards that could then be used to
make ATM withdrawals from the victims' accounts.
14. Impersonation:
14
investments (in which the victim is asked for a long list of personal
information) or by sending forged bank or taxation correspondence.
15
and bank-issued debentures from top 500 world banks", "bank guarantees
and standby letters of credit" which generate spectacular returns at no risk
and are "endorsed by the World Bank" or various national governments
and central bankers. However, these official-sounding phrases and more
are the hallmark of the so-called "prime bank" fraud; they may sound
great on paper, but the guaranteed offshore investment with the vague
claims of an easy 100% monthly return are all fictitious financial
instruments intended to defraud individuals.
16
18. Money laundering
Money laundering has been used to describe any scheme by which the
true origin of funds is hidden or concealed.
17
opportunities of efficiency and speed to everybody using it. Further, the
vast increase in the memory (whether RAM or storage) and processing
speeds as well as availability of wide range of software, particularly
Internet and web-based applications i.e. connectivity, have made them
pervade all aspects of our lives. This has also brought large economy of
scale particularly in our economic environment and we are becoming
more and more dependent on computers and their networks for the
services such systems deliver.
18
1) Manipulation:
Computer frauds gain their criticality as they are easy to commit, difficult
to detect and even harder to prove. The most important type of such
frauds is committing the fraud by manipulation of input, output or
throughput of a computer system.
a) Input Manipulation:
b) Output manipulation:
c) Throughput manipulation:
19
No system is foolproof and fraudulent transfers can occur in even highly
automated and secure funds transfer systems.
2) Unauthorized use:
3) Awareness:
20
Chapter:-3 Frauds- Prevention and Detection:
A close study of any fraud in bank reveals many common basic features.
There may have been negligence or dishonesty at some stage, on part of one
or more of the bank employees. One of them may have colluded with the
borrower. The bank official may have been putting up with the borrower’s
sharp practices for a personal gain. The proper care which was expected of
the staff, as custodians of banks interest may not have been taken. The
bank’s rules and procedures laid down in the Manual instructions and the
circulars may not have been observed or may have been deliberately ignored.
Components of Fraud:
21
which aims at causing economic or financial gains to the user by this act or
an economic or financial loss to the information system (i.e. hardware,
software and data) owner.
Prevention of frauds:
i) Internal Prevention:
It is said that failures are the stepping stone for success. What this means is
that if we are able to analyse why a particular failure by way of a fraud took
place, we can then detect the loopholes in our system which led to the fraud
and take corrective measures or change the system. For instance the great
Harshad Mehta scam took place because among other things, the public debt
office of the Reserve Bank of India was not computerised and was operating
on a manual system. This gave a float of fifteen days, which gave
opportunity for people like Ketan Parekh to perpetrate the fraud. Even after
this scam while in the case of the RBI the defect was rectified the overall
banking system is still manual. Only 5000 out of the 65000 branches of
banks are computerised. In today's competitive market, it is necessary that
the banks are able to service their clients effectively. Therefore strongly urge
is that we should have a massive effort at computerisation of the banks.
Execution of Documents:
22
1. A bank officer must adopt a strict professional approach in the
execution of documents. The ink and the pen used for the execution
must be maintained uniformly.
2. Bank documents should not be typed on a typewriter for execution.
These should be invariably handwritten for execution.
3. The execution should always be done in the presence of the officer
responsible for obtain them,
4. The borrowers should be asked to sign in full signatures in same style
throughout the documents.
5. Unless there is a specific requirement in the document, it should not
be got attested or witnessed as such attestation may change the
character of the instruments and the documents may subject to stamp
duty.
6. The paper on which the bank documents are made should be pilfer
proof. It should be unique and available to the banks only.
7. The printing of the bank documents should have highly artistic
intricate and complex graphics.
8. The documents executed between Banker and Borrowers must be
kept in safe custody,
One issue when a fraud is perpetrated is who should be held responsible. For
instance in the case of the borrower-based accounts, there is the person who
posts the accounts, there is the person who passes the instrument and, there
is a third person who makes the payment. It has been suggested that there
must be a method of isolating the person who makes the payment from the
people who make the posting or pass the order. The relative responsibility of
the three will have to be fixed. This is an issue that has been raised before
me by one of the Chairman of the banks. Perhaps in a programme like this
we will be able to go into such issues and evolve guidelines about what
23
should be done so that while the innocent is not punished, the guilty are not
spared.
Bank frauds are the failure of the banker. It does not mean that the external
frauds do not defraud banks. But if the banker is upright and knows his job,
the task of defrauder will become extremely difficult, if not possible.
24
a) Appropriate controls:
25
b) Proper Implementation;
26
or through Internet, protection of the data becomes an important tool for
prevention of frauds. For this, one can either depend on simple processes like
check sum or hash totals built in the software or may require using
encryption technology or cryptography. The complexity and cost of
implementation of these methods varies a lot and is, hence, decided by the
risk element.
Examples:
27
i) Network Intrusion Detection Systems (NIDS) monitor packets on the
network and attempt to discover if a hacker is trying to break into a system.
ii) System Integrity Verifiers (SIV) monitors system files to detect when an
intruder changes them and send alert.
iii) Log File Monitor (LFM) monitors log files generated by network and
look for patterns in the log files that suggest an intruder is attacking. Once
the hacker gets into the network it triggers an alarm at the same time.
As firewall acts like a fence around the network, it cannot on its own detect
somebody trying to break in. It restricts access at the designated points. IDS,
on the other hand, are intended to recognize attacks against the network that
firewall are unable to see. 80% of all the financial losses are due to hacking
that come from inside the network. Firewall cannot see anything happening
inside the network. Firewall checks for traffic which passes between internal
network and the Internet. Adding IDS will double-check miss-configured
firewalls; catch attempts that fail; catch insider hacking; record electronic
evidence.
28
Detection of Frauds:
i) Internal detection:
Despite all care and vigilance there may still be some frauds, though their
number, periodicity and intensity may be considerably reduced. The
following procedure would be very helpful if taken into consideration:
One method of detection will be only by regular checks and this is where
apparently there is slackness today. Ultimately we must be able to create in
our banks an atmosphere of trust on the one side and transparency on the
other so that frauds if they occur are immediately detected, checked and
penalized.
Apart from the systems and procedures, ultimately the whole issue boils
down to the values we have. Today we are highly tolerant of corruption. We
also have in our Hindu philosophy the two basic principles, which seem to
indirectly encourage corruption. These are extreme tolerance and the
prayaschitta principle. As a result many people who commit frauds can
literally get away freely. Our systems are really to be blamed. As it is seen, if
29
we make a quick analysis of 100 people in any given organisation, 10% may
be honest and 10% dishonest whatever we do. 80% depend on the systems
we have.
Do not know to what extent the bank frauds can be attributed to the people in
our own banking system that, because of loyalty of the profession or
organisation, tends to protect the corrupt. Such people may be doing a
disservice to the nation. We should therefore be able to evolve ultimately
systems which tackle the corruption promoting factors mentioned above so
that the punishment of the corrupt becomes a perceived reality and acts as a
check for people who have a tendency to commit frauds. After all that is the
way for prevention and detection of frauds.
30
ii) External detection:
Bank computer crimes have a typical feature, the evidence relating to crime
is intangible. The evidences can be easily erased, tampered or secreted. More
over it is not easily detectable. More over the evidence connecting the
criminal with the crime is often not available. Computer crimes are different
from the usual crimes mainly because of the mode of investigation. There
are no eyewitness, no usual evidentiary clues and no documentary evidences.
31
•International crime:
A computer crime may be committed in one country and the result can be in
another country. There has been lot of jurisdictional problem a though the
Interpol does help but it too has certain limitations. The different treaties and
conventions have created obstructions in relation to tracking of cyber
criminals hiding or operation in other nations
•No-scene crime:
The computer satellite computer link can be placed or located any where.
The usual crime scene is the cyber space. The terminal may be anywhere and
the criminal need not indicate the place. The only evidence a criminal leaves
behind is the loss to the crime.
•Faceless crime:
There are certain spy software’s which is utilized to find out passwords and
other vital entry information to a computer system. The entry is gained
through a spam or bulk mail.
The existing enacted laws of India are not at all adequate to counter cyber
crimes. The Indian Penal code, evidence act, and criminal procedure code
has no clue about computers when they were codified. It is highly required to
frame and enact laws which would deal with those subjects which are new to
the country specially cyber law; Intellectual property right etc.
32
The Reserve Bank of India has come up with different proposals to make the
way easier, they have enacted electronic fund transfer act and regulations,
have amended, The Reserve Bank of India Act, Bankers Book Evidence Act
etc., experience of India in relation to information and technology is limited
and is in a very immature state. It is very much imperative that the state
should seek the help of the experienced and developed nations.
As the success of the fraudster depends on how fast their crime is detected
among very large number of transactions processed by the organization,
auditors and fraud investigators find that computers are their best tools for
detection of fraud. Powerful, interactive software that quickly sifts through
mountains of electronic data enables auditors to effectively detect and
prevent fraud throughout an organization. The benefit is speed.
One such tool is the General Audit Software (like ACL - Audit Command
Language and IDEA - Interactive Data Extraction & Analysis). Such tools
can quickly compare and analyze data to identify patterns and trends that
often reveal fraudulent activity.
33
identifying organizations risks and exposures and assembling fraud profiles
for targeted audits.
34
Chapter:-4 Relevant Measures to tackle Bank Frauds in India:
All the major operational areas in banking represent a good opportunity for
fraudsters with growing incidence being reported under deposit, loan and
inter-branch accounting transactions, including remittances.
Broad analyses of various frauds that have taken place throw up the
following high-risk areas in committing frauds:
The most effective defence banks could have against fraud is to strengthen
their operational practices, procedures, controls and review systems so that
all fraud-prone areas are fully sanitized against internal or external breaches.
However, the huge expansion in banking transactions consequent to the
transition of banks to mass banking and the large scale computerization have
played a major role in the perpetration of the frauds. Hence mere reliance on
the internal controls is of no use. The ten fold “INDIA FORENSIC”
approach to tackle the bank fraud will definitely play a crucial role in
coming days.
35
Following is the procedure to tackle frauds in banks:
1) Expect fraud:
Nowhere in the world the fraud can be avoided hence the banks can be no
exceptions. It is a human tendency of taking the risk to commit the frauds
if he finds suitable opportunities. So it is wise to expect the occurrence of
the fraud. If the fraud is expected, efforts can be concentrated on the
areas, which are fraud prone. Fraud is the game of two. The rule makers
and rule breakers. Whoever is strong in the anticipation of the situations
wins the game of frauds. Fraud is a phenomenon, which cannot be
eliminated, but it needs to be managed.
3) Assess Risk:
36
reported in their banks. But the databases are dumb. They yield nothing
unless they are analyzed effectively. Establish regular fraud-detection
procedures. It could be in the form of internal audit or it could also be in
the form of inspections. These procedures alone discourage employees
from committing fraud. In addition to this the Institute of Chartered
Accountants of India has issued an “Accounting and Assurance standard
on internal controls which is a real guideline to test internal controls.
Controls break down because people affect them, and because
circumstances change.
37
5) Maintain the tone of Ethics at the top:
The subordinates have the tendency to follow their superiors. When the
signals are passed on to the middle management about the unethical
behavior of the top management the fear of punishment gets reduced and
the tendency of following the superior dominates. Fear vanishes when the
tendency of “If I have to die I’ll take along the superior and die” tendency
rises.
The incidences of hacking and the Phishing have troubled the Indian
Private Sector banks to a great extent. In addition to this most of the
Indian banks are running behind the ATM and credit cards to compete
with each other but have conveniently forgone the fact that ATM cards
and the credit cards are the best tools available in the hands of the
fraudsters. Inappropriate system access makes it possible to steal large
amounts of money very quickly and, in many cases, without detection.
Hence the review and the enforcement of the security policy are going to
be a crucial.
Since the raw material of the Banks is cash the banker needs to be more
alert than any other employer before they recruit. Only testing the
aptitude of a person is not of any use. Know whom you are hiring. More
than 20 percent of resumes contain false statements. Most employers will
only confirm dates of employment. Some times post employment
condition might create the greed in the minds of employee, hence at least
the bankers should test check the characters of their subordinates by
38
creating real life scenarios such as offering the bribes by calling on some
dummy borrower.
Bad borrowers cause the biggest losses to the banks. What are they? Who
they represent themselves to be? Look at their ownership, clients,
references, and litigation history. In many cases the potential fraudsters
have history of defaulting in some other bank or Financial Institution.
Though this is not the foolproof solution to the disease of the frauds to
some extent it helps to combat the frauds.
39
Chapter:-5 SECURITY IN BANKING SYSTEM:
40
The following are few guidelines to check malpractices:
41
Customer guidelines to avoid Fraud:
Thus above are some the measures that the customer should undertake to
avoid any type of bank frauds.
42
Chapter:-6 Bank Frauds Statistics in India:
A survey On Frauds:
Total fraud loss to Indian Banks in year 2005- 06 was Rs. 1381
crores according to the report published by Reserve Bank of India.
43
At least Rs.690 crores worth of frauds are known to the banks but
are not reported to various authorities for reasons like unclear
definition of word frauds, damage to the bank’s image etc.
44
Case Studies
I did some snooping around the internet and found that even though this kind
of ATM fraud those occur there has been no indication that this is prevailant
in India or Pune for a matter of fact
Therefore the letter was either a warning from ICICI Bank to it's customers
or an attempt by someone to spread rumours or create a popular email
forward. Since no such warning is listed on the ICICI Bankwebsite I would
think it's the latter.
If you see an attachment, do not use the ATM and report it, immediately to
the bank using the 800 number or phone on the front of the ATM.
The equipment used to capture your ATM card number and PIN are cleverly
disguised to look like normal ATM equipment. A "skimmer" is mounted to
the front of the normal ATM card slot that reads the ATM card number and
transmits it to the criminals sitting in a nearby car.
45
The thieves copy the cards and use the PIN numbers to withdraw thousands
from many accounts in a very short time directly from the bank ATM.
The equipment as it appears installed over the normal ATM bank slot.
46
At the same time, a wireless camera is disguised to look like a leaflet holder
and is mounted in a position to view ATM PIN entries.
Suprisingly this happens only in Pune for some reason. Pune India's high
tech crime capital.
47
WEDNESDAY, DECEMBER 26, 2007,
SOURCE TIMES OF INDIA
"We haven't got any case where wire-tapping was used to dupe somebody
but we are sure the racketeers are out there. We are trying to find the right
technique to detect such crimes and also adopting safe-guard measures," said
a senior CID officer.
Wiretapping works in three phases. The first phase involves tapping into the
wires of the main server to capture card data as it is processed for a
48
legitimate transaction. The next step is to transfer the encoded data to
another server, at the fraudster's end, where it is decoded. In the last phase,
the data is used to produce counterfeit cards. The technology is definitely
more complicated than a skimmer - a gadget which copies the details of a
card from a measured distance. In advanced countries, encrypted cables are
installed to prevent telephone wire tapping but awareness is low in India.
"The cable linking the electronic data capturing machine (EDC) and the
distribution point box is a very sensitive area which is targeted by the
racketeers. When the card is swiped on the EDC, the machine records the
financial data in the card's magnetic strip and feeds it to the DP box, from
where it moves to the main server of the telephone service provider and is
finally transferred to the servers of banks where the transaction is recorded.
The hackers target the area between the EDC and the DP box, tap into the
wires, steal data and send it to another server," said an anti-fraud officer of a
private bank.
Police officers say it is difficult to trace such rackets. "For the first phase, the
fraudsters need only a map of the telephone wiring, a receiving terminal and
cables matching the ones used by the telephone service provider. These are
not very difficult to manage and anybody who has a flair for technology can
use it to store the data. High-end technology comes in the next level," said an
officer.
49
commissioner, detective department. Kolkata Police could also take tips
from south-east Asian countries like Thailand and Philippines, where such
rackets are active and where law enforcement agencies have more
experience in handling such crimes.
The cases of credit card frauds do not seem to end. Following the recent case
of an ING Vysya Bank employee, in partnership with others, duping the
bank of crores, a case has been registered against a Punjab National Bank
(PNB) in Chandigarh. Baldev Singh, who works as a cashier-cum-computer
operator in the Kurali branch of PNB, has been remanded to police custody
because of duping the bank to an amount of Rs 2 lakh. According to the
investigating officer, Ravindar Pal Singh, the accused had first defrauded the
bank of Rs 1.87 lakh; however, after he was caught, he duped 2 more
customers to the tune of Rs 1.1 lakh to clear the bank’s liability.
The case had come to the Kurali police when the head of PNB, Chandigarh
Circle, had lodged a complaint against Baldev on March 10. That day the
bank had given Rs 8 lakh in cash to Baldev Singh to disburse payments as
cashier-cum-computer operator. However, he had disbursed Rs 6, 12,700 but
failed to deposit back the remaining amount of Rs 1, 87,300.
After the bank authorities had initiated an enquiry against the accused, he
committed to the crime and agreed to pay back the defrauded cash.
However, on March 15, he once again siphoned off Rs 1, 00,500 from the
account of a customer, Balveer Singh. Further enquiry also revealed that he
50
had duped another customer, Beant Singh, of Rs 10,000 as he withdrew Rs
15,000 from Beant’s account when the latter had come to withdraw Rs
5,000.
These emails included a hyperlink within the email itself, and a click on the
link took the recipients to a Web page, which was identical to UTI's Web
page. Some unsuspecting recipients responded to these mails, and gave their
login information and passwords. Later on, through Internet banking, a large
number of fraudulent transactions took place. These transactions resulted in
loss of over Rs 20 lakh for customers with bank accounts in Delhi,
Vishakapatnam, Thane, Nasik, and Ahmedabad.
An analysis on those phishing mails revealed that they had originated from
somewhere in Lagos, Nigeria. The UTI phishing site had lifted the UTI logo
as well as the Iconnect symbol from the original UTI site in order to make
the fake site look real. The fake site provided a 'click here' option, which in
turn took victims to a fake customer verification site based in Austria. IP
51
addresses of the fraudulent transactions indicated transactions had been
made from Nigeria, Atlanta and California.
Investigations:
Upon a complaint of the vice president, UTI Bank, a case registered and
taken up for investigation by a special team. Investigations revealed that
Sanjit Chowdhary, Account No 111010100023959 with UTI Bank, Noida,
had received a disputed credit entry totaling Rs 1.3 lakh through Internet
banking from the account of Lakshmi Narayan Sarkar of Kolkata, who has
an account at UTI Bank, Salt Lake, Kolkota, and from the account of
Makaran H Pundalik, who has an account with the Standard Chartered Bank,
Delhi.It was further revealed that the misappropriated funds had been
transferred in the account of accused Sanjit Chowdhary. The police team laid
a trap at UTI Bank in Noida and the accused Sanjit Chowdhary, who came to
the branch to make enquiries regarding the inactive status of his account,
was arrested on December 7, 2006.On being interrogated, the accused
disclosed that he had received money in his bank account consequent to
phishing mails sent to various customers of UTI Bank. Various transaction
slips pertaining to the UTI Bank and ICICI Bank were recovered from his
possession. A scrutiny of these slips revealed that Sanjit Chowdhary had
withdrawn funds and deposited the same in accounts of his other associates,
who had accounts in UTI and ICICI Bank at Mumbai and Trichy.Till
December 2006, a total of twenty complainants had registered their
complaints. All the six beneficiary accounts are in Delhi for these twenty
complainants. Further, ten complaints had been received by UTI branches in
Vishakapatnam, Ahmedabad, Nasik, and Thane, where the beneficiary
accounts are being maintained. An analysis of the accounts of the four
arrested Nigerian nationals revealed that financial transactions worth over Rs
1 crore took place in an eight-month period.
52
.Survey Report
Findings:
According the survey conducted by me most of the customers know about
bank frauds. They have a computational idea of frauds taking place in banks.
There are very few, those are not aware of bank frauds.
30
25
20
15
10
0
Yes No
The survey also revealed the types of bank frauds that the customers know
about. The survey included ATM Fraud, Credit card fraud and Online fraud.
The following is the graph revealed:
30
25
20 18-30yrs of age
15 30-60yrs of age
5
0
Atm Fraud Credit Card Online all the noneof the
Fraud fraud Frauds frauds
53
Due to computerization banks facilities have increased. There has been
increase in frauds also. The following Graph shows the survey on frauds
increased or decreased due to computerization.
30
25
20 18-30yrs ofage
15 30-60yrs of age
0
Increased Decreased
30
25
20
15 Frauds
10
0
Yes No
The suggestions that the survey reveal is that there must be some strict
actions take against the fraudsters. Banks should provide the necessary
information regarding the frauds that the customers can come across.
Awareness among the customers regarding frauds is must.
54
1) What are the major types of frauds conducted?
Phising, Forgery altered cheques, fraudulent loans application.
55
iv) Internal Checking’s
4) How a customer can be made aware the frauds they can come across?
Customers are asset to the banking company. They can be made aware
through E-mails, Advertisements, Posters, etc.
56
Chapter:-7 SURVEY FORM
Yes No
Yes No
4) If Yes/ No Why?
57
5) Have you come across any bank frauds?
Yes No
Suggestions if any:-
Project Guide:-
SANGEETA K.
Signature- ___________
By: SRUSHTI S. SHINDE
Roll no: 35047
58
PROTECT YOUR ACCOUNT:
IF you are using Internet Banking or any other online account, please read
below on how to protect your account.
59
Chapter:-8PUNJAB NATIONAL BANK
The bank was founded in 1894. As of 31 March 2017, the bank has over 80
million customers, 6,937 branches (7,000 as on 2nd oct, 2018) and
10681 ATMs across 764 cities.[6]
In Bhutan it owns 51% of Druk PNB Bank, which has five branches.
In Nepal PNB owns 20% of Everest Bank Limited, which has 50 branches.
Lastly, PNB owns 84% of JSC (SB) PNB Bank in Kazakhstan, which has
four branches.
60
Contents
History
Timeline
Punjab National Bank Fraud Case, 2018
Financial performance
Mergers and acquisitions
Listings and shareholding
Employees
Awards and recognitions
Initiatives
History
61
The founding board was drawn from different parts of India professing
different faiths and of varying back-ground with, the common objective of
creating a truly national bank that would further the economic interest of the
country.
[1]
PNB's founders included several leaders of the Swadeshi movement such
as Dyal Singh Majithia and Lala Harkishen Lal, Lala Lalchand, Kali
Prosanna Roy, E. C. Jessawala, Prabhu Dayal, Bakshi Jaishi Ram, and Lala
Dholan Dass.[7]
Lala Lajpat Rai was actively associated with the management of the Bank in
its early years. The board first met on 23 May 1894. [1]
The bank opened for business on 12 April 1895 in Lahore.
PNB has the distinction of being the first Indian bank to have been
started solely with Indian capital that has survived to the present.
(The first entirely Indian bank, Oudh Commercial Bank, was
established in 1881 in Faizabad, but failed in 1958.)
Timeline
In 1900 PNB established its first branch outside Lahore in India.
Branches in Karachi and Peshawar followed. The next major event
occurred in 1940 when PNB absorbed Bhagwan (or Bhugwan) Dass
Bank, which had its head office in Dehra Dun.
62
Pakistan, one-third of its total number of branches, and which held
40% of the total deposits.
63
had nationalized in 1980. In 1998 PNB set up a representative office
in Almaty, Kazakhstan.
In 2003 PNB took over Nedungadi Bank, the oldest private sector
bank in Kerala. At the time of the merger with PNB, Nedungadi
Bank's shares had zero value, with the result that its shareholders
received no payment for their shares. PNB also opened a
representative office in London. In 2004, PNB established a branch
in Kabul, Afghanistan, a representative office in Shanghai, and
another in Dubai. PNB also established an alliance with Everest Bank
Limited in Nepal that permits migrants to transfer funds easily
between India and Everest Bank's 12 branches in Nepal.
Currently, PNB owns 20% of Everest Bank. Two years later, PNB
established PNBIL – Punjab National Bank (International) – in the UK,
with two offices, one in London, and one in Southall. Since then it has
opened more branches, this time in Leicester, Birmingham, Ilford,
Wembley, and Wolverhampton. PNB also opened a branch in Hong
Kong. In January 2009, PNB established a representative office in
Oslo, Norway. PNB hopes to upgrade this to a branch in due course.
In January 2010, PNB established a subsidiary in Bhutan. PNB owns
51% of Druk PNB Bank, which has branches
in Thimpu, Phuentsholing, and Wangdue. Local investors own the
remaining shares. Then on 1 May, PNB opened its branch in Dubai's
financial center. PNB purchased a small minority stake in
Kazakhstan-based JSC Danabank established on 20 October 1992 in
Pavlodar.
Within the year PNB increased its ownership till 84% of what has
become JSC (SB) PNB, with its share currently decreased to 49%.
The associate in Kazakhstan now called JSC Tengri Bank has
64
branches in Almaty, Astana, Karaganda, Pavlodar and Shymkent.
September 2011: PNB opened a representative office in Sydney,
Australia. December 2012: PNB signed an agreement with US based
life Insurance company Metlife to acquire a 30% stake in MetLife's
Indian affiliate MetLife India Limited. The company would be renamed
PNB MetLife India Limited and PNB would sell MetLife's products in
its branches.[10][6][11][6][11] | assets = ₹6,435 billion (US$90 billion) (2015) [12]
The fraud was allegedly organized by jeweller and designer Nirav Modi.
Nirav, his wife Ami Modi, brother Nishal Modi and uncle Mehul Choksi, all
partners of the firms, M/s Diamond R US, M/s Solar Exports and M/s Stellar
Diamonds; along with PNB officials and employees, and directors of Nirav
Modi and Mehul Choksi's firms have all been named in a chargesheet by
the CBI.[2]
Nirav Modi and his family absconded in early 2018, days before the news of
the scam broke in India.
The Enforcement Directorate has begun attaching assets of the accused and
is seeking to immediate confiscation under the Fugitive Economic Offenders
Ordinance.[4]
65
Modi is on the Interpol's wanted list for criminal conspiracy, criminal breach
of trust, cheating and dishonesty including delivery of
property, corruption, money laundering since February 2018.[5][6]
The bank initially said that two of its employees at the branch were involved
in the scam, as the bank's core banking system was bypassed when the
corrupt employees issued LOUs to overseas branches of other Indian banks,
including Allahabad Bank, Axis Bank, and Union Bank of India, using the
international financial communication system, SWIFT.
[7]
The transactions were noticed by a new employee of the bank.
The bank then complained to the CBI, who is currently investigating the
scam apart from ED and RBI.
Investigation
Punjab National Bank (PNB) alleges associates of three firms - Diamond R
US, M/s Solar Exports and M/s Stellar Diamonds- approached PNB on 16
January 2018, with a request for LoUs to make payment to its overseas
suppliers.
The bank demanded at least a 100 percent cash margin for issuing LoUs, but
the firms contested that they had received LoUs without any such guarantee
in the past. Branch records did not show any such facility having been
granted to the firms, PNB suspected fraud and began digging into transaction
history.[9]
66
On 29 January 2018, PNB filed a complaint with the CBI, wherein it
was alleged that Nirav, Ami Modi, Nishal Modi and Mehul Choksi, all
partners of M/s Diamond R US, M/s Solar Exports and M/s Stellar
Diamonds, in collusion with two bank officials committed the offence of
cheating against PNB and caused a wrongful loss.
The PNB official in his complaint informed the agency that at the Bank’s
branch office at Brady House in Fort, Mumbai, two of its employees,
Gokulnath Shetty, retired Deputy Manager of PNB and another bank official
Manoj Kharat, issued fraudulent LoUs to Hong Kong based creditors on
behalf of three firms associated with Nirav Modi and the Gitanjali Group.
On 13 June 2018, the CBI approached the Interpol to issue a red corner
notice (RCN) against Nirav Modi's brother Nishal and one of his executives
in connection with its probe into the Punjab National Bank (PNB) fraud.
The CBI sent a request to the Interpol to issue a RCN against Nirav Modi
and his uncle Mehul Choksi of the Gitanjali Group. [13]
67
Ananthasubramanian was MD of Punjab National Bank between August
2015 and May 2017 and had also served as its executive director. She was
dismissed with immediate effect. [14]
The application filed by Shahi stated that, although the PNB has not been
charge sheeted on the fraud case, there are materials available for prima facie
proceeding against the bank. [15]
Reforms
On 1 March 2018, the government approved the Fugitive Economic
Offenders Bill to deter economic offenders from evading the process of
Indian law by giving powers to the government to confiscate assets of a
fugitive, including Benami assets of absconding loan defaulters.[17]
The bill covers a wide range of economic offenders which include: loan
defaulters, fraudsters, individuals who violate laws governing taxes, black
money, benami properties, financial sector, and corruption. On 12
March2018, the government introduced the bill in the Lok Sabha.[18]
68
credit. Some bankers said that LoUs and LoCs led to receiving banks
depending completely on the issuing bank on creditworthiness.[19]
69
importer makes money from reselling the goods he imported, he will pay this
sum to PNB with interest. PNB in turn will settle with the.
Other banks aren’t buying these arguments. They say: We took an exposure
on PNB, a state-owned bank (and an implicit bet on the Indian Union) not on
a diamond merchant. It is still a gray area on who will actually pay up and
how the burden will shared.
So, the banking system will take another Rs 11,400 crore on top of its
huge bad loans problem of Rs 10 trillion?
Not necessarily. There will be some recoveries. For instance, the
enforcement directorate has claimed it has already recovered gold, precious
stones and diamonds worth around Rs 5,500 crore (although that valuation is
debatable for an asset like diamonds). In any case, the entire Rs 11,400 crore
which was raise for loans would either be in the form of diamonds (in case
of genuine imports) or stashed away somewhere in other assets (if it had
been diverted). It remains to be seen how much can be recovered.
70
Mumbai, February 16
The companies named are Gitanjali Gems, Gili India and Nakshatra Brand
Ltd.
THE HISTORY
1894 : PNB was founded on May 19, 1894 in Lahore.
1895 : PNB opened for business on 12 April, 1895 at Ganpatrai Road in Lahore.
1904 : PNB established branches in Karachi and Peshawar.
1939 : PNB acquired Bhagwan Dass Bank Limited.
1947 : Partition of India and Pakistan at Independence. PNB lost its premises
in Lahore, but continued to operate in Pakistan.
1960 : PNB amalgamated Indo-Commercial Bank Limited (established in 1933)
in a rescue.
1961 : PNB acquired Universal Bank of India.
1963 : The Government of Burma nationalized PNB's branch in Rangoon (Yangon).
1965 : After the Indo-Pak war the government of Pakistan seized all the offices in
Pakistan of Indian banks, including PNB's headoffice,
which may have moved to Karachi. PNB also had branches in East Pakistan
(Bangladesh).
1969 : The Government of India nationalized PNB and 13 other major banks on
19th July, 1969.
1978 : PNB opened a branch in London.
71
1986 : The Reserve Bank of India required PNB to transfer its London branch
to State Bank of India after the branch was involved in a fraud scandal.
1988 : PNB acquired Hindustan Commercial Bank Limited in a rescue.
1993 : PNB acquired New Bank of India, which the Government of India had
nationalised in 1980.
1998 : PNB set up a representative office in Almaty , Kazakhstan.
2003 : PNB took over Nedungadi Bank (established the bank in 1899), the oldest
private sector bank in Kerala. It was incorporated in 1913 and in 1965 had
acquired selected assets and
deposits of the Coimbatore National Bank. At the time of the merger
with PNB, Nedungadi Bank's shares had zero value, with the result that
its shareholders received no payment for their shares.
72
CBI arrests 8 Punjab National Bank officials for defrauding
bank in Nirav Modi fashion
This is the second case of fraud at the PNB Brady House branch.
(Image: Reuters)
In March, the CBI booked ex-DGM of PNB, Gokulnath Shetty and Single
Window Operator Manoj Hanumat Kharat and the two directors -
Ishwardas Aggarwal and Aditya Rasiwasia of Chandri Papers.
Shetty, who is also accused of being a key player in the PNB scam
worth over Rs 13,000 crore, has now been blamed for issuing LoUs
using the same modus operandi to Chandri Papers.
These LoUs were issued to the State Bank of India branch in Antwerp
on April 25, 2017.
73
The agency on Wednesday said, "Two directors Ishwardas Aggarwal
and Aditya Rasiwasia and Public servants Manoj Kharat, the single
window operator, Sanjay Kumar, then branch head, Amar Jadhav,
Sagar Sawant, Bechu Tiwari, then Chief Manager, Yeshawant Joshi,
then manager of Foregin Exchange department, Praful Sawant,
Mohinder kumar Sharma, Chief internal auditor of PNB have been
arrested and remanded to CBI custody till December 21."
74
Officials said that they are yet to trace the money source that Nirav used to
purchase the company but unearthed investment of $47 million (Rs 327
crore) into it which is layered through a series of transactions. ED officials
examined bank statements of several shell companies in Barbados, Dubai
and Hong Kong and traced the flow of funds into several accounts. The total
attachment and seizure of movable and immovable properties in the case are
to the tune of Rs 2,362 crore, ED said
The ED has denied reports that UK Serious Fraud Office (SFO) had
communicated to Indian authorities about Nirav Modi’s presence in the
country in March last year and said the extradition request was sent by the
agency only in July after filing of a chargesheet against him. The Interpol
had issued a red notice against Nirav around that time.
“In June, the National Central Bureau of UK, which is the nodal agency for
matters relating to Red Corner Notice, had asked ED to provide them with
intelligence suggesting that Nirav Modi is in UK,” the agency said.
No such formal or informal communication was received by ED from UK
authorities in March, 2018 or later, the officer added. The consistent stand of
the UK government regarding execution of arrest warrant is that it can be
done only through an extradition request for which filing of chargesheet is
mandatory.
75
The extradition request cannot be sent at the stage of investigation.
Nirav Modi invested PNB scam funds in US firm he bought in
2010
Officials said that they are yet to trace the money source that Nirav used to
purchase the company but unearthed investment of $47 million (Rs 327
crore) into it which is layered through a series of transactions.
MUMBAI: Fugitive diamantaire Nirav Modihad purchased one of
America’s oldest jewellery companies — Bailey Bank & Biddle — in 2010
and invested around Rs 327 crore of the money from the Punjab National
Bank fraud into the company, says the supplementary chargesheet filed by
Enforcement Directorate (ED).
ED officials said Nirav purchased Bailey Bank & Biddle through a shell
company and his brother Nehal was made one of the directors in the
jewellery retailer. They said all the instructions related to the running of the
company were issued by Nirav himself. ED submitted related details to the
court as part of the chargesheet and attached statement of an expert who
carried out due diligence and helped Nirav in the purchase. ED also attached
email communication on transfer of funds between Nirav and his aides from
a ‘secret server’.
The firm’s website says that it was founded in 1832. “On September 10,
1832, Bailey & Kitchen, the name of Bailey, Banks & Biddle at the time,
was founded by Joseph Trowbridge Bailey and Andrew Kitchen in
Philadelphia. This founding date makes us the oldest nation-wide jeweler in
America,’’ it says.
The website says that Bailey & Co was commissioned to create a mortuary
medal after President Abraham Lincoln was assassinated on April 14, 1865.
In 1878, Bailey and Co changed its name to Bailey Banks & Biddle
76
Punjab National Bank’s Internal Probe On Nirav Modi Scam
Names 54 Officers
The persons named range from those at the top management to clerks, the
official said. “They include assistant general managers, deputy general
managers and officials from the treasury department as the letters of credit
were issued without making entries in the system.”
News agency Reuters was the first to report on the internal investigation,
which has not been made public.
Since Gokulnath Shetty, the former deputy manager of PNB Brady House
branch — the epicentre of the fraud—was not transferred for seven years,
contrary to the state-run lender’s transfer policy, the people involved in
stopping his transfer have also been named. Shetty, who has also been
named in a CBI charge sheet, was not transferred from the Mumbai branch
despite three orders being issued in this regard, according to the report.
BloombergQuint couldn’t reach Shetty for a comment. PNB didn't respond
to queries sent over email.
77
According to the report, Shetty, who joined the forex division at the Brady
House branch in April 2010, issued the first fake credit guarantees of Rs 10.5
crore in March 2011 to Nirav Modi’s firms through SWIFT messages,
bypassing the bank’s internal system. The report added that Shetty should
only have been able to approve transactions of up to Rs 25 lakh without
approval from senior officials.
The internal report also flagged off the following concerns:
78
RBI On Nirav Modi Fraud: The Buck Stops With PNB’s
Board
In February, Punjab National Bank disclosed that it had detected the issue of
fraudulent letters of undertaking from its Brady House branch in Mumbai.
These LoUs were issued to entities linked to diamantaire Nirav Modi and his
uncle Mehul Choksi. The SWIFT messaging system, through which these
guarantees are transmitted to other lenders who loan money against them,
was not integrated with the bank
79
A Supervisory Failure?
When questioned whether the RBI’s supervisory processes had failed to
detect the fraud, the regulator said that it follows a ‘risk based supervision’
framework. Under this framework, supervisory resources are directed at
banks which pose a higher risk and functions within a bank that are seen to
be most at risk. This framework monitors banks through a robust offsite
reporting mechanism coupled with need-based onsite inspections, the RBI
said. It added that conducting onsite inspections of more than 1 lakh bank
branches in the country would be impossible.
Since RBI’s supervisory process does not constitute an audit of banks and does
not seek to replace it, RBI has issued to banks detailed instructions for putting in
place and strengthening their internal control systems and on scope of concurrent
audit, which is an important component of the risk control system.
RBI’s supervisory process does not constitute an audit of banks and does not
seek to replace it, RBI has issued to banks detailed instructions for putting in
place and strengthening their internal control systems and on scope of
concurrent audit, which is an important component of the risk control
80
Punjab National Bank Customer Care
81
Punjab National Bank Customer Care Toll-Free Helpline
Number:
There are multiple customer care numbers on which a PNB customer can
contact. Customers can the customer care for balance enquiry, hot listing the
lost or damaged credit or debit card, non-disbursement of cash from ATM or
for any other issue. Given below are the following numbers which can be
contacted: 1800 180 2222, 1800 103 2222
Landline: 011-23714562
Note, that the numbers which are not toll-free will charge you regular
charges for a call.
82
Punjab National Bank Customer Care Email ID:
If a customer has credit card related queries or concerns, then they can mail
on complaint@pnb.co.in
PNB also offers complaint forms to its customers so that they can report
their concerns without putting much effort into getting their issues resolved.
The complaint form is available on the official website of the Punjab
National Bank. The customers can fill this form with their queries,
complaints, grievances or feedbacks. Customers should also write their
registered email id in the end to receive the reply over their email. As an
alternative, customers can also use the ‘Online Complaint Cum Feedback
Kiosk’ given at the Head Office or Field General Manager Office of Punjab
National Bank.
If a customer’s query is still unanswered or unsatisfying after contacting the
above-mentioned modes of communication, then he/she can also escalate the
issue to the higher authorities of the bank including the nodal officer, general
manager, etc. Given below are the contact details of the higher authorities:
83
Nodal Officer
84
Below is a list of PNB Customer Care numbers for general enquiries and
PNB Card Customer Care numbers (for queries related to credit cards).
In case of loss, theft or fraudulent transaction on your credit card, call the
PNB Credit Cards 24-hour Customer Care numbers 1800 180 2345 or 0120
– 4616200 immediately to get your credit card blocked.
You can also send an email to creditcardpnb@pnb.co.in and get your credit
card blocked.
In case you lose your debit card, you should immediately contact the bank
and get your card hotlisted or blocked to avoid potential misuse. Following
are the ways you can do it:
You can call the PNB 24x7 customer care toll free numbers: 1800 180
2223 and Tolled no (01202303090)
85
Chapter:- 9 REVIEW OF LITERATURE
86
instances of cyber crimes in banking sector have to be treated with utmost
care. For this purpose, it has been suggested that a statutory body similar to
‘Internet Fraud Center’ in the United States has to be formed in India.
87
BIBLOGRAPHY
www.google.co.in
www.yahoo.com
www.fraudsinindianbankingsector.com
www.punjabnationalbank.wikipedia.com
88
Conclusion:
However, with the spread of banking and banks, frauds have been on a
constant increase. It could be a natural corollary to increase in the number of
customers who are using banks these days. In the year 2000 alone we have
lost Rs 673 crores in as many as 3,072 number of fraud cases. These are only
reported figures. There were nearly 65,800 bank branches of a total of 295
commercial banks in India as on June 30, 2001 reporting a total of nearly
3,072 bank fraud cases.
The most important feature of Bank frauds is that ordinarily they do not
involve an individual direct victim. They are punishable because they harm
the whole society. It is clear that money involved in Bank belongs to public.
Thus, a fraud is the game of two, the rule makers and the rule breakers.
Fraud is a phenomenon that cannot be eliminated but can be managed.
89