Showing posts with label scandals. Show all posts
Showing posts with label scandals. Show all posts

Tuesday, 5 April 2016

A legal way of doing illegal - Panama Papers

15:42:00

What is Tax Haven?

A tax haven is a country that offers foreign individuals and businesses little or no tax liability in a politically and economically stable environment. Tax havens also provide little or no financial information to foreign tax authorities. Individuals and businesses that do not reside a tax haven can take advantage of these countries' tax regimes to avoid paying taxes in their home countries.

The Bahamas, Bermuda, the British Virgin Islands, the Cayman Islands, Belize, Luxembourg, Hong Kong, the Isle of Man, Mauritius, Monaco, Panama, Switzerland are all considered tax havens.


So, What is wrong with it?

Suppose, If a company makes one million, but spends 500,000 on investing in new technology or infrastructure for their product or something like that, they're only taxed from the remaining 500,000 because that's all of their "profit.

Companies could "invest" million of dollars and then it wouldn't be taxed, because according to legal documents it isn't profit, it's an "investment," which is untaxable, and then they would get their money back from the fake business.

Once the money is disguised as the assets of this enterprise—which would typically be set up by a trusted lawyer or crony in an offshore secrecy haven to further obscure ownership—you can spend it or use it for new nefarious purposes. This is the very definition of money laundering—taking dirty money and making it clean—and shell companies make it possible.

The offshore system relies on a sprawling global industry of bankers, lawyers, accountants and other middlemen who work together to protect their clients’ secrets. These secrecy experts use anonymous companies, trusts and other paper entities to create complex structures that can be used to disguise the origins of dirty money.

Role of Mossack Fonseca in #Panamapapers

Mossack Fonseca is a Panama-based law firm whose services include incorporating companies in offshore jurisdictions such as the British Virgin Islands. It administers offshore firms for a yearly fee. Other services include wealth management.

Over a year ago, an anonymous source contacted the Süddeutsche Zeitung (German Newspaper) and submitted encrypted internal documents from Mossack Fonseca.

Who said Investigative Journalism doesn't exist

11 million documents (2.6 terabytes of data) held by the Mossack Fonseca have been leaked to Suddeutsche Zeitung, which then shared them with the International Consortium of Investigative Journalists (ICIJ), consisting 107 media organisations in 78 countries.

An extensive investigation follows and the result is surprising. They show how the company has helped clients launder money, dodge sanctions and evade tax through 2,14,000 shell companies. From Politicians to Corporates to Celebrities to Beuraucrats, the who and who of many countries are involved in this legal scam.

#‎panamapapers‬ explained succinctly to 6 year old.

Reddit, user DanGliesack gave one of the best explanations yet:

When you get a quarter you put it in the piggy bank. The piggy bank is on a shelf in your closet. Your mom knows this and she checks on it every once in a while, so she knows when you put more money in or spend it.

Now one day, you might decide "I don't want mom to look at my money." So you go over to Johnny's house with an extra piggy bank that you're going to keep in his room. You write your name on it and put it in his closet.

Johnny's mom is always very busy, so she never has time to check on his piggy bank.

So you can keep yours there and it will stay a secret.

Now all the kids in the neighborhood think this is a good idea, and everyone goes to Johnny's house with extra piggy banks.
Now Johnny's closet is full of piggy banks from everyone in the neighborhood.
One day, Johnny's mom comes home and sees all the piggy banks. She gets very mad and calls everyone's parents to let them know.
Now not everyone did this for a bad reason.
Eric's older brother always steals from his piggy bank, so he just wanted a better hiding spot. Timmy wanted to save up to buy his mom a birthday present without her knowing.
Sammy just did it because he thought it was fun.
But many kids did do it for a bad reason.
Jacob was stealing people's lunch money and didn't want his parents to figure it out.

Michael was stealing money from his mom's purse. Bobby's parents put him on a diet, and he didn't want them to figure out when he was buying candy.

Now in real life, many very important people were just caught hiding their piggy banks at Johnny's house in Panama.

Today their moms all found out. Pretty soon, we'll know more about which of these important people were doing it for bad reasons and which were doing it for good reasons.

But almost everyone is in trouble regardless, because it's against the rules to keep piggy banks secret, no matter what!

Want to know the crux of panama papers more then click here 

Monday, 4 April 2016

All you need to know About Panama Papers

18:30:00


A huge leak of documents has lifted the lid onhow the rich and powerful use tax havens to hide their wealth. The files were leaked from one of the world's most secretive companies, a Panamanian law firm called Mossack Fonseca.

What are the Panama Papers?

The files show how Mossack Fonseca clients were able to launder money, dodge sanctions and avoid tax.
In one case, the company offered an American millionaire fake ownership records to hide money from the authorities. This is in direct breach of international regulations designed to stop money laundering and tax evasion.

Who is in the papers?

There are links to 12 current or former heads of state in the data, including dictators accused of looting their own countries.
More than 60 relatives and associates of heads of state and other politicians are also implicated.
The files also reveal a suspected billion-dollar money laundering ring involving close associates of Russia's President, Vladimir Putin.
Also mentioned are the brother-in-law of China's President Xi Jinping; Ukraine President Petro Poroshenko; Argentina President Mauricio Macri; the late father of UK Prime Minister David Cameron and three of the four children of Pakistan's Prime Minister Nawaz Sharif.
The documents show that Iceland's Prime Minister, Sigmundur Gunnlaugsson, had an undeclared interest linked to his wife's wealth. He is now facing calls for his resignation.
The scandal also touches football's world governing body, Fifa.
Part of the documents suggest that a key member of Fifa's ethics committee,Uruguayan lawyer Juan Pedro Damiani, and his firm provided legal assistance for at least seven offshore companies linked to a former Fifa vice-president arrested last May as part of the US inquiry into football corruption.

How do tax havens work?



Aerial view of the Panama City bay taken on March 23, 2015Image copyrightAFP/getty Images
Image captionPanama is one of a number of popular tax havens in the Caribbean

Although there are legitimate ways of using tax havens, most of what has been going on is about hiding the true owners of money, the origin of the money and avoiding paying tax on the money.
Some of the main allegations centre on the creation of shell companies, that have the outward appearance of being legitimate businesses, but are just empty shells. They do nothing but manage money, while hiding who owns it.
What do those involved have to say?
Mossack Fonseca says it has operated beyond reproach for 40 years and never been accused or charged with criminal wrong-doing.
Mr Putin's spokesman Dmitry Peskov said the reports were down to "journalists and members of other organisations actively trying to discredit Putin and this country's leadership".
In an interview with a Swedish television channel, Mr Gunnlaugsson said his business affairs were above board and broke off the interview.
Fifa said it is now investigating Mr Damiani, who told Reuters on Sunday that he broke off relations with the Fifa member under investigation as soon as the latter had been accused of corruption.

Who leaked the Panama Papers?

The 11.5m documents were obtained by the German newspaper Sueddeutsche Zeitung and shared with the International Consortium of Investigative Journalists (ICIJ).
The ICIJ then worked with journalists from 109 media organisations in 76 countries, including UK newspaper the Guardian, to analyse the documents over a year.
The BBC does not know the identity of the source.
It is the biggest leak in history, dwarfing the size of those released by the Wikileaks organisation. In all, the details of 214,000 entities, including companies, trusts and foundations, were leaked.
The information in the documents dates back to 1977, and goes up to December last year. Emails make up the largest type of document leaked, but images of contracts and passports were also released.

With Some inputs from BBC .

Tuesday, 8 December 2015

All you need to know about National Herald case

17:46:00
  • File Photo
In a big blow to Congress president Sonia Gandhi, and party VP Rahul Gandhi, the Delhi High Court on Monday turned down the plea to quash summons against them in the National Herald case. This means that along with the Gandhis, Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Limited, will have to appear in the trial court on Tuesday.
BJP leader Subramanian Swamy, a petitioner in the case said: “After listening the whole case, court has decided that petition of Rahul and Sonia should be quashed and they should appear in the trial court. If Rahul and Sonia goes to Supreme Court, I am prepared for that.”
Hailing the order, BJP leader Nalin Kohli said, "This verdict shows that everybody is equal in eyes of the law. The trial court is looking at the matter and Congress cannot just dismiss as it does not suit them."
What is the case about?
Sonia and Rahul were summoned in the case in June 2014, after Swamy had filed a complaint accusing them of cheating and misappropriation of funds in acquiring ownership of now-defunct English daily National Herald. The paper was set up by Jawaharlal Nehru in 1938, and shut down briefly in the 1940s and 1970s, and ceased operations in 2008. Swamy claims that Sonia and Rahul floated Young Indian which bought Associated Journals Limited, publisher of National Herald and the company was shut down by Sonia. He claims that Congress funds were used to buy Associated Journals Limited and that the mother-son duo aimed to grab property worth Rs 2000-crore. The Gandhis are the directors of Young Indian and own 76% and the remaining shares are owned by Motilal Vohra, Oscar Fernandes, Suman Dubey and Sam Pitroda. Swamy has alleged that the Congress gave an unsecured loan of Rs 90 crore to the company.
What the court said
Making scathing observations on the "questionable conduct" regarding how they took control of the publication, Justice Sunil Gaur also turned down the plea of Gandhis and five others for exemption from personal appearance in the case in the trial court, where it is listed on Tuesday.
Along with the Gandhis, five other accused--Suman Dubey, Moti Lal Vohra, Oscar Fernandez, Sam Pitroda and Young India Ltd--had challenged the summons issued to them by a trial court on a complaint by BJP leader Subramanian Swamy against them for alleged cheating and misappropriation of funds in taking control of the now-defunct daily.
"After having considered the entire case in its proper perspective, this court finds no hesitation to put it on record that the modus operandi adopted by petitioners in taking control of Associated Journals Ltd (AJL) via special purpose vehicle i.e. Young India Ltd (YIL), particularly, when the main persons in Congress Party, AJL and YIL are the same, evidences a criminal intent. "Whether it is cheating, criminal misappropriation or criminal breach of trust is not required to be spelt out at this nascent stage. In any case, by no stretch of imagination, it can be said that no case for summoning petitioners as accused in the complaint in question is made out. Questionable conduct of petitioners needs to be properly examined at the charge stage to find out the truth and so, these criminal proceedings cannot be thwarted at this initial stage," the judge said in his 27-page order.
The judge was also of the view that "the gravity of the allegations levelled against petitioners (Sonia, Rahul and others) has a fraudulent flavour involving a national political party and so, serious imputations smacking of criminality levelled against petitioners need to be properly looked into".
Referring to the complaint by Swamy, the court said that "the transactions of the Congress Party with AJL via YI are not mere commercial transactions as these transactions legitimately attract the allegations of cheating, fraud, breach of trust, misappropriation, etc."
On whether Swamy had the locus to make the complaint, the high court said "the plea of locus standi cannot be restricted to typical cases of cheating, misappropriation, etc., as here is a case where the act of office bearers of political party having criminal overtones is under scrutiny and so, the challenge to the locus of respondent-complainant to maintain the complaint in question is hereby repelled".
The objection to summoning of Pitroda and Fernandes on the ground that they reside outside territorial jurisdiction of the trial court was rejected by the high court by terming it as "hyper-technical".
It also termed as "questionable" the manner in which the shares of AJL were acquired by YIL.
"Even writing off such a huge debt by the Congress Party can legitimately attract allegations of cheating, fraud, etc..
"Such grave allegations levelled against petitioners cannot be brushed aside lightly by relying upon judicial precedents cited, to conclude that the ingredients of the criminal offences alleged are lacking. To say the least, to do so would be preposterous," it said
Swamy Response
BJP leader Subramanian Swamy filed a caveat in the Supreme Court to pre-empt any ex-parte order on appeals likely to be filed by Congress chief Sonia Gandhi and her son Rahul in the National Herald case. "I have filed a caveat in the Supreme Court that in case they file any petition, it should not be heard and no order be passed without giving me an opportunity or without hearing me," he said. Bharatiya Janata Party (BJP) leader Subramanian Swamy on Monday filed a caveat before the Supreme Court (SC), urging the apex court not to pass any order without hearing him.
“The high court has rejected both the stay and exemption. I expect, as they are law-abiding people, they don’t want to run away from the case after saying that there is no evidence, there is no basis and there is nothing. They should appear in the court and argue there. But, if they want to go to the Supreme Court, I have filed a caveat today, and the apex court, therefore, will not take any decision without hearing me also,” Swamy told reporters here in response to the Delhi High Court’s refusing to quash a lower court’s summons to Congress president Sonia Gandhi and vice-president Rahul Gandhi and four others in the National Herald case.
‘It took 15 months of arguments, and finally the judge comes to the conclusion that there is a prima facie case and the magistrate has applied her mind, and therefore, has directed them to return and appear before the magistrate,’ he said, adding that if the Congress leaders want to delay the matter they may appeal to the Supreme Court and seek a stay, and perhaps exemption from appearance.
‘If they fail to appear before the court, it can issue warrants as well. The trial, I hope, will go on day-to-day basis and bring the matter to a conclusion in a short period of three-four months, as this is the most scandalous case we have seen in the Modern India,’ said Swamy.
‘Sonia and Rahul Gandhi have set up a company with just Rs. 5-lakh capital, and by all kinds of conspiracy they were able to acquire the Associated Journals Limited, which is the company that was publishing National Herald, which has Rs. 5,000 crore worth of property ‘ all given by the government on concessional terms to publish newspapers. So, this kind of fraud has been exposed, and I am confident that in the trial they will be convicted and go to jail,’ he claimed.
When asked would he oppose the bail petition, the BJP leader said he would be. ‘Among the accused two are foreigners, but not having foreign passports, which is a big question. Sam Pitroda is a US citizen, who can run away anytime. Therefore, they should not be granted bail until the trial is finished.’
Congress Response
Earlier, Congress leader Abhishek Manu Singhvi, who is also a renowned advocate: ‘We intend to not only challenge it on all legal recourses available at the appropriate forum ‘ which I am not going into detail as the matter is sub judice ‘ and we intend to seek a continuation of the exemption and stay, which has been continued for over a year when the matter was pending in the high court.’
Apart from the Gandhis, the court also dismissed the pleas of Congress treasurer Motilal Vora, family friend Suman Dubey and party leader Oscar Fernandes, who had moved the high court for quashing of summons to them by a trial court.
Case Timeline
Following is the chronology in the National Herald case in which Congress President Sonia Gandhi and her son Rahul's pleas challenging summons issued to them by a trial court were today dismissed by the Delhi High Court.
* Jan 2013: National Herald case filed by BJP leader Subramanian Swamy against Sonia and Rahul Gandhi, their companies and associated persons in a Delhi court.
* Jun 26, 2014: Gandhis summoned as accused by a Delhi court in the criminal complaint for alleged cheating and misappropriation of funds in acquiring ownership of now-defunct daily National Herald.
* Aug 1 : Delhi HC issues notice to Swamy on a batch of petitions filed by Gandhis and others in the case seeking stay on summons issued for August 7.
* Aug 6 : HC stays proceedings against Gandhis and others in the case.
* Jan 12, 2015: Judge recuses from hearing Sonia and Rahul's plea.
* Jan 27: Supreme Court asks Swamy to make out a case for speedy trial in HC since petition cannot be heard directly.
* Dec 4: HC reserves order on pleas.
* Dec 7: HC refuses to quash lower court's summons to Sonia and Rahul Gandhi in the case.
With Agency Inputs

Monday, 19 October 2015

Bank of Baroda Forex scam 2015 :

00:35:00

Here are 10 things to know about the Bank of Baroda forex scam
1. It was alleged that a whopping Rs 6,172 crore black money was remitted from Bank of Baroda to Hong Kong camouflaged as payments for non-existent imports like cashew, pulses and rice. The amount was allegedly deposited in 59 accounts in cash as advance for imports that never existed. On October 12, 2015, CBI and the Enforcement Directorate started investigating the matter.
2. It is also alleged that the amount was deposited in 59 accounts of the bank’s Ashok Vihar branch (New Delhi) in cash as advance for import and the money was sent to some select companies in Hong Kong.
3. The branch opened 59 current accounts from May 2014 to June 2015 through which large foreign exchange remittances were made, the Bank of Baroda said in a regulatory filing.
4. During this one year, a total of 5,853 outward foreign remittances aggregating USD 546.10 million (around Rs 3,500 crore) were made through 38 current accounts to various overseas parties numbering some 400, mainly based in Hong Kong and one in the UAE.


5. Remittances were sent to Hong Kong and Dubai via banks, actual exports were sent to Afghanistan. “The records show that the alleged exports were sent to Afghanistan but invoices were generated by Hong Kong importers. It is now a matter investigation as to who received them in Afghanistan and what the exports were linked to,” said an ED officer.
6. Much before 59 accounts, which are under the scanner of the ED and the CBI, were opened in Bank of Baroda, 13 accounts were opened in HDFC Bank during February-March 2015 to send money abroad.
7. Reacting to the developments, an HDFC Bank statement said: “The matter is being examined internally on top priority. The bank is also extending its full cooperation and support to the authorities. The bank has a zero-tolerance policy for any misconduct on the part of its staff.”
8. P S Jayakumar, the former chief executive of VBHC Value Homes took charge as the new MD and CEO of the of the scam-hit Bank of Baroda for three years on October 13, 2015. BoB had remained headless for the past 14 months.
9. Finance Minister Arun Jaitley said the magnitude of the alleged black money transfer through state-owned Bank of Baroda (BoB) will only be known after completion of the multi-disciplinary probe.
10. On October 12 as many as six persons, including Garg and Dubey were arrested on charges of criminal conspiracy, cheating and provisions of the Prevention of Corruption Act. The other four arrested, include Kamal Kalra, working with the foreign exchange division of HDFC bank, Chandan Bhatia, Gurucharan Singh Dhawan and Sanjay Aggarwal.

Wednesday, 23 September 2015

The flight and fall of Kingfisher Airlines

20:02:00
The first time the world’s biggest passenger aircraft, the Airbus A380, landed in India in 2007 it happened to be flying in Air Deccan’s founderG.R. Gopinath from the French city of Toulouse.



It was meant to be a grand show—put up by none other than Kingfisher Airlines Ltd’s Vijay Mallya, the sole Indian buyer of the $300 million super jumbo jet made by the Toulouse-based Airbus.
With its premium service, Kingfisher was then the toast of the aviation world, and the nation’s rich and famous, including leading politicians, descended on Delhi airport for a joyride on Mallya’s personal invitation.

By contrast, Air Deccan, the low-cost airline where passengers had to pay for their sandwiches and make a run for seats like in a school bus, was then struggling for funds.

At a press conference called to showcase the same A380, Mallya had announced he was interested in buying Deccan. Indeed, it was “imminent”, he declared, taking reporters who had packed an aircraft hangar in Delhi airport’s blistering heat, by surprise.

The news made headlines and Deccan’s Gopinath—like Mallya, a Bangalorean—was furious.
“We are from the opposite ends of the business spectrum, consumer models and consumer space. We are mining the bottom of the pyramid, he is picking the cream off the top. They can’t co-exist. One airline will only kill the other.”
Yet, only a few months later, as investors piled on pressure, he sold Deccan to Kingfisher, saying it was in the best interests of the airline.
The two airlines were then merged, even though Gopinath had said they would operate separately—one a premium and the other a low-cost service.

Mallya had overruled him.

Five years later, Gopinath’s dire prediction, it seemed, had come true—Kingfisher grounded its operations in October 2012 after limping on for a year and posting record losses.
Since then the airline has insisted it is on the verge of securing financing but this has failed to materialize, prompting unpaid employees to go on hunger strikes.
On Monday, Kingfisher appeared to have lost all hopes of a revival after being slapped with global damnation. Leahy, speaking at Airbus’ internationally televised annual forecast of sales, said the manufacturer had cancelled Kingfisher’s orders for five A380s, as also a similar number of A350 long-haul jets.

“The Kingfisher order—not all of it was cancelled, there are still some single aisles. Speaking with Mallya, he is still determined to sell the airline; he has an operating certificate. But even if he does sell the airline, we took the decision internally here that he probably does not need the A380s just right now so we are taking them out of the order book along with the A350s,” said the man who had flown on the first Airbus A380 sortie to Delhi.

Kingfisher was the only airline selected for this tone during the one-and-a-half hour press conference, which could make it difficult for it to lease any aircraft from the international market.
On Monday, 2005 must have seemed a long way off to Kingfisher.
Kingfisher ordered all sorts of planes when the good times began rolling in 2005, including the four-engine long-haul jet Airbus A340 to connect the two silicon valleys, San Francisco and Bangalore.
Typically, airlines order one or two class of planes to save on spare part, engineering and manpower costs.

But, like the A380 which never found full Kingfisher colours, the A340 too remained on ground for months, costing the company millions of rupees in rent.

It never even made a commercial flight, and some joked that its stylish fittings, including in its toilets, made the planes too heavy to fly non-stop between Bangalore and San Francisco.

Eventually, Airbus had to find buyers in Africa to redirect the Airbus A340 assets there.
This was just the start of Kingfisher’s problems. In 2010, the airline was hit by a major engine maintenance problem in its Airbus A320 fleet. Dozens of its aircraft had insufficient guarantees in place in the contract with the engine manufacturer (unlike rivals IndiGo, which too faced similar issues). They were grounded, and the airline started piling more costs as revenue shrank.
But the colourful Mallya refused to admit that things were going wrong even as his flagship UB Group came under strain helping Kingfisher.
“Ooo la la la le o Ooo la la la oo le o... Someone asked me why I owned a booze company and an airline...I said “both make u fly”! Cheers!” Mallya tweeted with the signature Kingfisher beer jingle on 28 April 2010.

But by the year-end things were looking really bad, and the billionaire beer baron was touring the world in search of funds.
“On a hectic road show meeting potential investors in the planned Kingfisher Airlines equity raise. Amazing to see smart Indians managing billions...Kingfisher Airlines has faced unprecedented difficulties over the past 1 year but our staff has done a superb job of maintaining quality,” he said on 9 October 2010, adding: “One by one each hurdle has been addressed squarely and resolved. Now watch Kingfisher India’s only 5 star airline REALLY fly...”
The hurdles never stopped coming his way.
Banks tightened the noose on Kingfisher to pay up loans after it was grounded; and taxmen impounded Mallya’s personal Airbus A319 jet labelled VT-VJM (after his initials)—one of the world’s most luxurious aircraft, adorned with original Picasso paintings.
The jet is still parked in an isolated corner near the Mumbai airport runway, cocooned in dust, with its nose peering over the airport’s perimeter fence onto Mumbai’s famous slums.

Friday, 21 August 2015

List of Scams & scandals in India

14:39:00

List of Scams & scandals in India

2015

2014

2013

2012

2011

2010

2000s

2009

2008

  • Hasan Ali black money controversy[341][342][343]-Hasan Ali Khan is in jail since April 2011 for money laundering.
  • State Bank of Saurashtra scam – 950 million (US$15 million)[344][345]
  • Army ration pilferage scam – 50 billion (US$790 million)[346]-Lieutenant General SK Sahni jailed for 3 years.[347]
  • Paazee Forex scam – 8 billion (US$130 million)[348][349]
  • Cash-at-judge's door scam [5]

2006

2004

2003

2002

2001

  • Operation West End - It was done in order to make the murky defense deals public. The special correspondents of the magazine filmed several corrupt defense officials and politicians of ruling National Democratic Alliance (NDA) government including Bhartiya Janta Party. Bangaru Laxman, the BJP's president was sentenced to four year of rigorous imprisonment and a fine of one lakh rupees was imposed as well.
  • Ketan Parekh securities scam/UTI scam – 320 million(US$5.1 million)[68]-Ketan Parekh convicted for two years.
  • Calcutta Stock Exchange scam[369]

2000

1990s

1997

1996

1995

1994

1992

1990

1980s

1989

1987

1981

1970s

1976

  • Kuo oil scandal – 22 million (US$350,000)[381]

1974

1971

1960s

1965

  • Kalinga tubes scandal[381]

1964

1960

  • Teja loan scandal – 220 million (US$3.5 million)[370]

1950s

1956

  • BHU funds misappropriation – 5 million (US$79,000)[370]

1951

1940s

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