The NSEL scam or NSEL fraud is a systematic and premeditated
fraud perpetrated in the commodity market on the National Spot Exchange that is based in Mumbai, India.[1]
The NSEL is a company promoted by Financial Technologies India Ltd and the NAFED
(only 100 shares given for misusing the NAFED brand). The NSEL scam is
estimated to be a Rs. 5600 crore (around US$ 0.95 billion) fraud that came out
to light after the National Spot Exchange failed to pay its
investors in commodity pair contracts after 31 July 2013
It was discovered after the
exchange defaulted on 31st July 2013 that most of the underlying commodities
did not exist and the buying and the selling of commodities like steel, paddy,
sugar, ferrochrome etc. was being only conducted only on paper. The pair trades
in various commodities were offered in one-day forward contracts of T+2 and
T+25 (sometimes even T + 35) payment
terms (bought and sold at the same time).
Such pair trades offered an
arbitrage opportunity of about 12-15% return per annum. The investors, who
honored the T+2 payment obligation, found that the National Spot Exchange
neither had the money, nor the commodities, to honor their T+25 dues. Around 24
borrowers were given the funds by the NSEL, without any underlying commodity
deposited by those borrowers. One of those borrowers who borrowed around Rs. 1000
crores is a company named NK Protein Ltd., and is owned by the son-in-law of
the former Chairman Shankarlal Guru of NSEL.
An estimated number of 15000
investors, along with public sector units like MMTC
and PEC, were victims of this NSEL scam. The ROC report on NSEL fraud has come
down heavily on the promoters and the FTIL, as it was found that a majority of minutes
of meetings of the NSEL board were fabricated, as cell phone location data of
the said board members did not match to the meetings’ locations. Some of the
warehouses mentioned on the NSEL website were found to be physically
non-existent, and the SGF (Settlement Guarantee Fund) – of around Rs 839 crores
(about US $140 Million), as on 29 July 2013, vanished into thin air.
Anjani Sinha, the sacked CEO
and the MD of the company, attempted to take the blame for the fraud in order
to exonerate other promoters, and filed an affidavit. Mr. Anjani Sinha's wife,
Shalini Sinha, though being a related party, traded on MCX for about Rs. 40000 crores in one year
through her company SNP Designs P Ltd. However Anjani Sinha after arrest
retracted his earlier affidavit and filed a fresh affidavit pinning the blame
on the board of NSEL stating that they fully knew what was going on at NSEL. Anjani
Sinha in his police statement however claimed that his wife Shalini Sinha is a
small garment designer and the trades done by IBMA under the name SNP Designs
were actually speculative trades done on MCX by Jignesh Shah himself. He also
claimed there was no financial dealing between IBMA and SNP designs whatsoever.
Surprisingly Anjani Sinha whom the promoters blamed as the main culprit was
kept with NSEL by Jignesh Shah for almost 12-13 weeks after the scam as a
'special office recovery' showing the collusion between the two.
The Economic Offences wing of
Mumbai police finally arrested Jignesh Shah along with his trusted lieutenant
Shreekant Javalgekar who were all along believed to be the masterminds of the
scam on 7th May 2014 [8]
As per Mumbai police the arrests were required as Jignesh Shah and Javalgekar
did not cooperate in interrogations. They diverted questions and always laid
the responsibility on the former NSEL CEO whle actually it was found that
Jignesh Shah approved all fraudulent contracts. The immediate cause of arrest
of Jignesh Shah was his knowledge of various dealings of Indian Bullion Markets
Association (IBMA)a subsidiary of NSEL which was predominantly used in money
laundering and bogus trades. The investors' counsel on 16th June 2014 produced
before MPID court hard evidence of involvement of Jignesh Shah in the scam.
Various emails sent among Anjani Sinha, Shreekant Javalgekar and Jignesh Shah
were produced before the court where there was a talk about dehiring NSEL
warehouses to remove cost burden, profit adjustment and bogus profits received
from NK protein -one of the key borrowers at NSEL.
in the charge-sheet filed by
Mumbai police it is confirmed that Jignesh Shah knew about the scam and was
actually the mastermind of it. It was also found that a company close to
Jignesh Shah withdrew all its investments just before the scam.
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