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Transcript of Frauds in Banking
FRAUDS IN BANKING
T.Y B.COM (BANKING AND INSURACE) – SEM V
“PROJECT ON FRAUDS IN BANKING”
Bachelor of Commerce
(Banking & Insurance)
Semester Vth
(2011-2012)
Submitted
In partial Fulfillment of the requirements
For the award of degree of
B.Com----Banking & Insurance
BY
ARORA ROBIN RUPINDER
Seat No: _________
TOLANI COLLEGE OF COMMERCE, 150-151, Sher-e- Punjab society,
Guru Gobind Singh road, Andheri (E),
Mumbai-400093.
FRAUDS IN BANKING
T.Y B.COM (BANKING AND INSURACE) – SEM V
CERTIFICATECERTIFICATECERTIFICATECERTIFICATE
This is to certify that Mr.ARORA ROBIN RUPINDER of B.com Banking & Insurance Semester V
th (2011-2012) has
successfully completed the project on “FRAUDS IN
BANKING” Under the guidance of PROFESSOR AMIT
RAJAWAT.
Principal ____________ Course Co-ordinator_______________
Project Guide/Internal Examiner _________________
External Examiner __________
FRAUDS IN BANKING
T.Y B.COM (BANKING AND INSURACE) – SEM V
DECLARATION
I ARORA ROBIN RUPINDER the Student of B.com Banking & Insurance Semester V
th (2011-2012) hereby declared that I have
completed the project on “FRAUDS IN BANKING”
The Information Submitted is True & Original to the Best of my
knowledge.
Signature of Student
Name of the Student
ARORA ROBIN RUPINDER
SEAT NO:
FRAUDS IN BANKING
T.Y B.COM (BANKING AND INSURACE) – SEM V
Acknowledgement
In preparing this project, I feel great pleasure because it gives me
extensive practical knowledge in my career. I got idea about Frauds in Banking.
I express my deep sense of gratitude to My Guide PROFESSOR AMIT
RAJAWAT for his valuable guidance during my project work.
I am thankful to PROFESSOR AMIT RAJAWAT (Faculty Guide) for
valuable inspiration and guidance provided me throughout the course of this
project. He has been patient and has critically gone through the subject matter.
I would like to take this opportunity to express my gratitude towards all
who have contributed directly or indirectly to my project work.
I would firstly like to thank our principal Sir Dr. Raju Chandnani.
I would like to take this opportunity to express my gratitude to my God,
Parents that have supported me and my friends who have helped me for my
project work.
FRAUDS IN BANKING
T.Y B.COM (BANKING AND INSURACE) – SEM V
EXECUTIVE SUMMARY
The project scans the risky nature of banking with reference to various
types of transactions and their vulnerability to fraud. Prevention is better than
cure.
In bank administration, one feels that not much attention is paid to
preventive measures. Bank managements must direct their orientation towards
preventive rather than detective or punitive measures. Preventive vigilance must
be the prime agenda to bring down the occurrence of fraud in banks.
Bankers must be properly educated and trained on the effect and
consequences of dilution and distortion of the prescribed norms.
Retention and deployment of experienced and specialized staff in the respective
fields of operation will minimize fraud. Bankers have to overcome the inertia
that prevents them from learning new and effective technology.
Besides, the pressure of customers and their demands are increasing in
the post-VRS scene prevailing in banks. There is comparatively less staff to do
the increased quantum of business. More work load means neglecting
systematic adherence to procedure in the routine transactions.
Motivating the staff in the lower rung by proper promotional processes
will help. A rational HRD policy has to be evolved to meet the pressing
demands of customers.
Are the Bankers concentrating on the preventive front of checking the
frauds in banking or is the traditional approach still used.
The Application of IT in Banking Frauds, and presence of banking frauds
in the finance industry and their correlation, is it an essential element of
preventive measures to be adopted by the Bankers?
FRAUDS IN BANKING
T.Y B.COM (BANKING AND INSURACE) – SEM V
Means and Modes of Frauds and RBI’s Guidelines for the detection and
registration of the same and their dynamics should be made familiar to the
employees of a Bank so as to bring about awareness and at the same time create
vigilance amongst the employees, so as to equip them with the resources
required to deal with such frauds, as and when they happen.
The Major Banking Frauds that were bought into the limelight by the
authorities and other relevant departments, which saw banking frauds, and
revealed the loop holes in the already laid down strategy to deal with the frauds
should be made familiar to the public at large and the bankers at the same time.
FRAUDS IN BANKING
T.Y B.COM (BANKING AND INSURACE) – SEM V
TOPIC PAGE NO
INTRODUCTION 1
DEFINITION OF FRAUD 2
CLASSIFICATION BY RESERVE BANK OF INDIA
• INTRODUCTION
• CLASSIFICATION OF FRAUDS
• REPORTING OF FRAUDS TO RESERVE BANK OF INDIA
• QUARTERLY RETURNS
• REPORTS TO THE BOARD
• RESERVE BANK OF INDIA GUIDELINES
• GUIDELINES FOR REPORTING FRAUDS TO POLICE / CBI
• REPORTING CASES
5
6
6
7
9
12
14
17
19
CLASSIFICATION BY BANKS
• FRAUDS BY INSIDERS
• FRAUDS BY OTHERS
20
20
23
REVELANT ISSUES TO TACKLE BANK FRAUDS IN INDIA
• EXPECT FRAUD
• DEVELOP A FRAUD POLICY
• ASSESS RISK
• SEGREGATE DUTIES IN CRITICAL AREAS
• MAINTAIN THE TONE OF ETHICS AT THE TOP
• REVIEW AND ENFORCE PASSWORD SECURITY
• PROMOTE THE WHISTLE BLOWING CULTURE
• CONDUCT PRE-EMPLOYMENT SCREENING
• SCREEN AND MONITOR BORROWERS
32
33
33
34
34
35
35
35
36
36
TOP BANKING FRAUDS AS PER IBN LIVE (BUSINESS)
• JEROME KERVIEL
• VATICAN’S GOD BANKERS
• NORDEA BANK FRAUD
37
37
37
37
CONTENTS
FRAUDS IN BANKING
T.Y B.COM (BANKING AND INSURACE) – SEM V
TOPIC PAGE NO
• CITIBANK GURGAON
• ZOOM DEVELOPERS
• CHINA CONSTRUCTION BANK
• JOHN RUSNAK
• NICHOLAS LEESON
39
39
39
40
40
NEWS ARTICLES ON MODES OF FRAUDS AND FRAUDS IN
BANKING • ARTICLE FROM MONEY CONTROL (MSN)
• ARTICLE FROM JAGRAN POST
41
41
43
INFORMATION BY CANARA BANK FOR THEIR CUSTOMERS
WHILE OPERATING ACCOUNT BY E-MAIL SERVICE
45
CONCLUSION 51
BIBLIOGRAPHY 52
FRAUDS IN BANKING
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INTRODUCTION
THE three threats which have become a major nightmare for all banks, in
general, and the public sector banks, in particular, are ballooning NPAs, high
transaction costs and a sharp increase in the incidence of bank frauds.
The rising graph of frauds does not seem to have activated any serious
effort by the banks' top management to restructure controls, improve systems
and institute better preventive measures. 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:
- Misappropriation of cash by fudging accounts.
- Unauthorized withdrawal, mostly from long dormant accounts.
- Opening of fictitious accounts to misappropriate funds from stolen
instruments.
- Use of interbank clearing for accommodation, kite-flying and
misappropriation.
- Cheating in foreign exchange transactions by flouting exchange control
provisions.
- Pawning of fake jewellery and misappropriation under jewel loans.
- Withdrawal from deposit accounts through forged documents.
- Misutilisation of credit facilities through diversion.
- Fraud in collusion with bank staff in emerging areas and services under the
computerized environment.
FRAUDS IN BANKING
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Frauds take place in a financial system only when safeguards and
procedural checks are inadequate or when they are not scrupulously adhered to,
leaving the system vulnerable to the perpetrators. Anecdotal evidence shows
that whether the agency or individual committing the fraud works for the bank
or deals with it, careful planning is done by the culprit before he attacks the
system at its most vulnerable point.
The most effective defense 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. The huge expansion in banking transactions consequent to the
transition of banks to mass banking has played a major role in creating a culture
of mechanical disposal from the level of the counter staff to the supervisors in
charge of various transactions. The culprit is invariably someone who has
transacted regularly with the bank and is closely watching to detect the soft
under-belly in various customer operations.
The Reserve Bank of India, as the regulatory body, has not lost time in
constituting an Advisory Board for banking, commercial and financial frauds.
The moot question is: To what extent has this expertise translated into
enlightened fraud-prevention measures at the public sector banks? The record
of meaningful interventionist action is not at all inspiring. The Indian Banks'
Association has been performing a very good post-office role in periodically
circulating the history and modus operandi of various frauds committed to
banks all over India. This red alert is faithfully re-copied by the head offices of
the banks and sent to their branches in various corners of the country. At the
branches and controlling offices, the circular containing the red alert is
perfunctorily looked at and promptly filed till a similar very big fraud takes
place in the same office!
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The advent of large-scale computerization in banks has opened a new
dimension to the concept of fraud and brought about a compelling need for the
wholesale review and adoption of a comprehensive fraud prevention control
system. The potential for fraud in a computerized transaction environment is
not only greater, but much more difficult to track down and, when successfully
committed, can multiply the financial losses of banks to unimaginable levels.
The recently-reported loss of Rs 100 crore to a broker in the Bombay
Stock Exchange arising from a wrong quote and a careless press of the button
underscores the manifold dangers of the electronic world. The password
controls at the operators' level, the exception controls at the supervisors' level
and the master controls at the managers' level represent critically vulnerable
points in an automated environment that have to be validated by manual
scrutiny of printed audit reports to prevent them from being hacked into or
infringed.
Preventive fraud management is, therefore, infinitely superior to post-
fraud containment or recovery of losses. Bank managements would do well to
commission their Organization and Methods Departments (all banks are
required to have an O&M department) to study
a) operational level documentation;
b) work practices;
c) working procedures;
d) accounting of transactions;
e) level and periodicity of supervisory control;
f) Post-transaction review and, most importantly, regular balancing of all
books of accounts under exclusive manual/exclusive computerized and
hybrid-manual-cum computerized working environments if the threat of
fraud is to be effectively countered.
FRAUDS IN BANKING
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A large number of banking frauds also take place on account of active
employee-outsider partnerships, in which the bank staff concerned facilitate the
crime and are often its undiscovered beneficiaries. Such cases are more difficult
to track down, particularly when the area targeted for the operation is different
from that in which the guilty staff is officially working.
A not insignificant portion of NPAs is also a fallout of the unrecorded
frauds committed under credit sanctions and disbursements, where tax-payers
money is generously handed over under tax-payers money under the approved
nomenclature of sanctioning credit. Target-based credit lending, which began in
the early 1980s under the legendary loan melas, spawned this culture of
irresponsible mass lending and opened the eyes of officials of thin integrity to
the possibility of making a fast buck. This genre of fraud is committed by
taking advantage of the volume of loans and by colluding with the borrower,
whereby rapid sanction of limits is done, sanctioned amounts are enhanced and
disbursement/monitoring requirements grossly violated. The widespread
availability of professionally-constructed project reports and computerized cash
flows give the credit proposals an acceptable flavor, making the sanctioning
authority immune to any roving enquiry.
The dividing line between operational neglect and the perpetration of a
fraud is rather thin, considering the growing aspiration for effortless money
which is always sweet, because it is not hard-earned but belongs to the sweating
tax-payer. If financial systems and their large financial resources, drawn from
public money, are to be protected, the occurrence of fraud -- big and small --
has to be stamped out. What is needed is not another piece of complex
legislation or another high-powered expert body of the RBI, but analysis and
concerted application of controls by bank managements and their operational
staff.
FRAUDS IN BANKING
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DEFINITION OF FRAUD
A Fraud is:
• A representation (usually of fact)
• About a material point (important enough to make a difference)
• which is False as Truth or Correct
• Intentionally and knowingly so (some cases recklessly)
• Which is believed
• Acted upon by the victim
• Caused Damage (Financially or otherwise)
Regulator of Banks in INDIA is RESERVE BANK OF INDIA
Responsibility of regulators for prevention and detection of fraud has
increased.
Role of Regulators should be
• Understand the need for creation / modification of laws to curb /
eliminate opportunities for scams / frauds based on the study of global
scenario
• Ensure appropriate powers to law enforcement agencies
• Provide facility for 2/3 levels of appeal before any one approach the
judiciary
• Ensure time bound completion for the cases / designating case officer
• Announce very severe punishment for committing the crime
• Introduction of Compulsory Operations Audit on a periodical basis.
FRAUDS IN BANKING
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CLASSIFICATION BY RESERVE BANK OF INDIA
INTRODUCTION
1. Incidence of frauds, dacoities, robberies, etc., in banks is a matter of
concern. While the primary responsibility for preventing frauds lies with
banks themselves, the Reserve Bank of India has been advising banks from
time to time about the major fraud prone areas and the safeguards necessary
for prevention of frauds. The Reserve Bank has also been circulating to banks,
the details of frauds of an ingenious nature not reported earlier so that banks
could introduce necessary safeguards by way of appropriate procedures and
internal checks. Banks are also being advised about the details of
unscrupulous borrowers and related parties who have perpetrated frauds on
banks so that banks could exercise caution while dealing with them. To
facilitate this ongoing process, it is essential that banks report to the Reserve
Bank full information about frauds and the follow-up action taken thereon.
Banks may, therefore, adopt the reporting system for frauds.
2. It has been observed that frauds are, at times, detected in banks long after
their perpetration. The fraud reports are also submitted to the Reserve Bank,
many a time, with considerable delay and without the required information.
On certain occasions, the Reserve Bank comes to know about frauds involving
large amounts only through press reports. Banks should, therefore, ensure that
the reporting system is suitably streamlined so that frauds are reported without
any delay. Banks must fix staff accountability in respect of delays in reporting
fraud cases to the Reserve Bank.
3. Delay in reporting of frauds and the consequent delay in alerting other
banks about the modus operandi and issue of caution advices against
FRAUDS IN BANKING
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unscrupulous borrowers could result in similar frauds being perpetrated
elsewhere. Banks may, therefore, strictly adhere to the timeframe fixed in this
circular for reporting fraud cases to the Reserve Bank failing which banks
would be liable for penal action as prescribed under Section 47(A) of the
Banking Regulation Act, 1949.
4. Banks should specifically nominate an official of the rank of General
Manager who will be responsible for submitting all the returns referred to in
this circular.
CLASSIFICATION OF FRAUDS
1. In order to have uniformity in reporting, frauds have been classified as
under based mainly on the provisions of the Indian Penal Code:
a. Misappropriation and criminal breach of trust.
b. Fraudulent encashment through forged instruments, manipulation
of books of account or through fictitious accounts and conversion
of property.
c. Unauthorized credit facilities extended for reward or for illegal
gratification.
d. Negligence and cash shortages.
e. Cheating and forgery.
f. Irregularities in foreign exchange transactions.
g. Any other type of fraud not coming under the specific heads as
above.
FRAUDS IN BANKING
8 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
2. Cases of negligence and cash shortages' referred to in item (d) above are
to be reported as fraud if the intention to cheat/defraud is
suspected/proved. Cases of cash shortage up to Rs. 1,000/- reported on
the same day by persons handling the cash and where there is no
suspicion of fraud need not be reported as fraud. However, cases of cash
shortage involving more than Rs. 1,000/- and those detected by the
management/ inspecting officer, irrespective of the amount, may be
reported as fraud.
3. To ensure uniformity and to avoid duplication, frauds involving
negotiable instruments may be reported only by the paying banker and
not by the collecting banker.
4. Banks (other than foreign banks) having overseas branches/offices should
report all frauds perpetrated at such branches/offices also to the Reserve
Bank as per the format and procedure.
5. Cases of theft, burglary, dacoity and robbery should not be reported as
fraud. Such cases may be reported separately.
FRAUDS IN BANKING
9 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
REPORTING OF FRAUDS TO RESERVE BANK OF INDIA
1. Frauds involving Rs. 1 lakh and above
a. Fraud reports should be submitted in all cases of fraud of Rs. 1 lakh
and above where banks have been put to loss through
misrepresentation, breach of trust, manipulation of books of account,
fraudulent encashment of instruments like cheques, drafts and bills of
exchange, unauthorised handling of securities charged to the bank,
misfeasance, embezzlement, misappropriation of funds, conversion of
property, cheating, shortages, irregularities, etc.
b. Fraud reports should also be submitted in cases where central
investigating agencies have initiated criminal proceedings and/or
where the Reserve Bank has directed that they be reported as frauds.
c. Wherever information is available, banks may also report frauds
perpetrated in their subsidiaries and affiliates/joint ventures. Such
frauds should, however, not be included in the report on outstanding
frauds and the quarterly progress reports
d. The fraud reports should be sent to the concerned Regional Office of
the Reserve Bank, Department of Banking Supervision, under whose
jurisdiction the Head Office of the bank falls, in the format given in
FMR – 1, within three weeks from the date of detection.
FRAUDS IN BANKING
10 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
2. Frauds committed by unscrupulous borrowers
a. It is observed that a large number of frauds are committed by
unscrupulous borrowers including companies, partnership
firms/proprietary concerns and/or their directors/partners by various
methods including the following:
- Fraudulent discount of instruments or kite flying in clearing effects.
- Fraudulent removal of pledged stocks/disposing of hypothecated
stocks without the bank’s knowledge/inflating the value of stocks in
the stock statement and drawing excess bank finance.
- Diversion of funds outside the borrowing units, lack of interest or
criminal neglect on the part of borrowers, their partners, etc. and also
due to managerial failure leading to the unit becoming sick and due to
laxity in effective supervision over the operations in borrowal
accounts on the part of the bank functionaries rendering the advance
difficult of recovery.
b. In respect of frauds in borrowable accounts involving an amount of
Rs. 5 lakh and above, additional information as prescribed under Part
B of FMR – 1 may also be furnished. In such cases, a copy of the
above fraud report should also be forwarded separately to the Central
Office of the Reserve Bank, Department of Banking Supervision.
FRAUDS IN BANKING
11 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
3. Frauds involving Rs. 100 lakh and above
a. In respect of frauds involving Rs. 100 lakh and above, in addition to
the requirements given at paragraphs 3.1 and 3.2 above, banks may
report the fraud by means of a D.O. letter addressed to the Chief
General Manager in charge of the Department of Banking
Supervision, Reserve Bank of India, Central Office, within a week of
such frauds coming to the notice of the bank’s Head Office. The letter
may contain brief particulars of the fraud such as amount involved,
nature of fraud, modus operandi in brief, name of the branch/office,
names of parties involved (if they are proprietorship/ partnership
concerns or private limited companies, the names of proprietors,
partners and directors), names of officials involved, and whether the
complaint has been lodged with the Police/CBI.
b. A copy each of the fraud report should also be sent directly to the
Central Office of the Reserve Bank, Department of Banking
Supervision, and to the Regional Office of the Reserve Bank under
whose jurisdiction the bank’s branch, where the fraud has been
perpetrated, is functioning.
4. Cases of attempted fraud
Cases of attempted fraud, where the likely loss would have been
Rs. 100 lakh or more, if the fraud had taken place, should be reported to
the Central Office of the Reserve Bank, Department of Banking
Supervision, indicating the modus operandi and how the fraud was
detected. Such cases should not be included in the other returns to be
submitted to the Reserve Bank.
FRAUDS IN BANKING
12 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
Quarterly Returns
A. Report on Frauds Outstanding
a. Banks should submit a copy each of the Quarterly Report on Frauds
Outstanding in the format given in FMR – 2 to the Central Office and the
Regional Office of the Reserve Bank under whose jurisdiction the Head
Office of the bank falls within 15 days of the end of the quarter to which
it relates. Banks which may not be having any fraud outstanding as at the
end of a quarter should submit a nil report.
b. Part – A of the report covers details of frauds outstanding as at the end of
the quarter. Parts B and C of the report give category-wise and
perpetrator-wise details of frauds reported during the quarter respectively.
The total number and amount of fraud cases reported during the quarter
as shown in Parts B and C should tally with the totals of columns 4 and 5
in Part – A of the report.
c. Banks should furnish a certificate, as part of the above report, to the
effect that all individual fraud cases of Rs. 1 lakh and above reported to
the Reserve Bank in FMR – 1 during the quarter have also been put up to
the bank’s Board and have been incorporated in Part – A (columns 4 and
5) and Parts B and C of FMR – 2.
FRAUDS IN BANKING
13 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
B. Progress Report on Large Value Frauds
1. Banks should furnish case-wise quarterly progress reports on frauds
involving Rs. 100 lakh and above in the format given in FMR – 3 directly
to the Central Office of the Reserve Bank, Department of Banking
Supervision, within 15 days of the end of the quarter to which it relates.
2. In the case of frauds where there are no developments during a quarter, a
list of such cases with a brief description including name of branch and
date of reporting may be furnished in Part – B of FMR – 3.
Banks which do not have any fraud involving Rs. 100 lakh and above
outstanding may submit a nil report.
FRAUDS IN BANKING
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Reports to the board
1. Reporting of Frauds
1. Banks should ensure that all frauds of Rs. 1 lakh and above are reported
to their Boards promptly on their detection.
2. Such reports should, among other things, take note of the failure on the
part of the concerned branch officials and controlling authorities, and
consider initiation of appropriate action against the officials responsible
for the fraud.
2. Quarterly Review of Frauds
1. Information relating to frauds for the quarters ending March, June and
September may be placed before the Board of Directors/Executive
Committee/Local Advisory Board during the month following the quarter
to which it pertains, irrespective of whether or not these are required to
be placed before the Board/Management Committee in terms of the
Calendar of Reviews prescribed by the Reserve Bank.
2. These should be accompanied by supplementary material analysing
statistical information and details of each fraud so that the
Board/Committee/Local Advisory Board would have adequate material
to contribute effectively in regard to the punitive or preventive aspects of
frauds.
3. A separate review for the quarter ending December is not required in
view of the Annual Review for the year-ending December prescribed
below.
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15 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
3. Annual Review of Frauds
1. Banks should conduct an annual review of the frauds and place a note
before the Board of Directors/Local Advisory Board for information. The
reviews for the year-ended December may be put up to the Board before
the end of March the following year. Such review notes may be
preserved for verification by the Reserve Bank’s inspecting officers.
2. The main aspects which may be taken into account while making such a
review may include the following:
a. Whether the systems in the bank are adequate to detect frauds, once
they have taken place, within the shortest possible time.
b. Whether frauds are examined from staff angle and, wherever
necessary, the cases are reported to the Vigilance Cell for further
action in the case of public sector banks.
c. Whether deterrent punishment is meted out, wherever warranted, to
the persons found responsible.
d. Whether frauds have taken place because of laxity in following the
systems and procedures and, if so, whether effective action has been
taken to ensure that the systems and procedures are scrupulously
followed by the staff concerned.
e. Whether frauds are reported to local Police or CBI, as the case may
be, for investigation, as per the guidelines issued in this regard to
public sector banks by Government of India.
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3. The annual reviews should also, among other things, include the
following details:
a. Total number of frauds detected during the year and the amount
involved as compared to the previous two years.
b. Analysis of frauds according to different categories detailed in
Paragraph 2.1 and also the different business areas indicated in the
Quarterly Report on Frauds Outstanding (vide FMR – 2).
c. Modus operandi of major frauds reported during the year along with
their present position.
d. Detailed analyses of frauds of Rs. 1 lakh and above.
e. Estimated loss to the bank during the year on account of frauds,
amount recovered and provisions made.
f. Number of cases (with amounts) where staff are involved and the
action taken against staff.
g. Region-wise/Zone-wise/State-wise break-up of frauds and amount
involved.
h. Time taken to detect frauds (number of cases detected within three
months, six months and one year of their taking place).
i. Position with regard to frauds reported to CBI/Police.
j. Number of frauds where final action has been taken by the bank and
cases disposed.
k. Preventive/punitive steps taken by the bank during the year to
reduce/minimise the incidence of frauds.
FRAUDS IN BANKING
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Reserve Bank of India Guidelines
Supervisory Process
A high powered Board of Financial Supervision (BFS), comprising the
Governor of RBI as Chairman, one Deputy Governor as Vice Chairman, other
Deputy Governors and four Directors f the Central Board of RBI as members
were constituted in November 1994 with the mandate to exercise the power of
supervision and inspection in relation to the banking companies, financial
institutions and non-banking financial companies. Presently, BFS exercises
supervision not only over banks but also over selected Developmental Financial
Institutions (DFI’s), Non –Banking Financial Companies (NBFC’s), Primary
Dealers (PD’s), and Urban Cooperative Banks (UCB’s).
Supervisory Strategy
The Department of Banking Supervision has formulated and put in place a
supervisory strategy which, besides retaining the importance of on-site
inspections which has been the main plank of banking supervision, also focuses
on three other areas:
(1) off-site monitoring through introduction of a set of returns
(2) strengthening of the internal control systems in banks
(3) increased use of external auditors in banking supervision
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Guidelines for reporting frauds to Police/CBI
1. Private sector banks should follow the following guidelines for reporting of
frauds such as unauthorised credit facilities extended by the bank for illegal
gratification, negligence and cash shortages, cheating, forgery, etc. to the
State Police authorities:
a. In dealing with cases of fraud/embezzlement, banks should not merely be
actuated by the necessity of recovering expeditiously the amount
involved, but should also be motivated by public interest and the need for
ensuring that the guilty persons do not go unpunished.
b. Therefore, as a general rule, the following cases should invariably be
referred to the State Police:
i. Cases of fraud involving an amount of Rs. 1 lakh and above,
committed by outsiders on their own and/or with the connivance of
bank staff/officers.
ii. Cases of fraud committed by bank employees, when it involves bank
funds exceeding Rs. 10,000/-.
2. Public sector banks should note that, as a general rule, all the cases of fraud,
whether committed by outsiders on their own or with the connivance of bank
officials and cases of fraud committed by bank officials themselves, should
invariably be reported to the investigating agencies or criminal cases filed
with Courts where appropriate, immediately after the bank has concluded
that a fraud has been perpetrated.
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Reporting Cases of Theft, Burglary, Dacoity and Bank Robberies
1. Banks should arrange to report instances of bank robberies, dacoities, thefts
and burglaries to the following authorities immediately on their occurrence
by fax/telegram. The report should include details of modus operandi and
other information as at columns 1 to 10 of FMR – 4.
a. Reserve Bank of India, Department of Banking Supervision, Central
Office, Mumbai.
b. The concerned Regional Office of the Department of Banking
Supervision, Reserve Bank of India, under whose jurisdiction the
affected bank branch is located.
c. The Security Adviser, Central Security Cell, Reserve Bank of India,
Central Office Building, Mumbai – 400001.
d. Ministry of Finance, Department of Economic Affairs, (Banking
Division), Government of India, New Delhi.
2. Banks should also submit to the Reserve Bank, Department of Banking
Supervision, Central Office, a quarterly consolidated statement in the format
given in FMR – 4 covering all cases pertaining to the quarter. This may be
submitted within 15 days of the end of the quarter to which it relates.
3. Banks which do not have any instances of theft, burglary, dacoity and/or
robbery to report during the quarter, may submit a nil report.
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20 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
CLASSIFICATION BY BANKS
Fraud by insiders
Rogue traders
A rogue trader is a highly placed insider nominally authorised to invest
sizeable funds on behalf of the bank; this trader secretly makes progressively
more aggressive and risky investments using the bank's money, when one
investment goes bad, the rogue trader engages in further market speculation in
the hope of a quick profit which would hide or cover the loss.
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.
Some of the largest bank frauds ever detected were perpetrated by
currency traders John Rusnak and Nick Leeson.
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.
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Wire fraud
Wire transfer networks such as the international SWIFT interbank fund
transfer system are tempting as targets as a transfer, once made, is difficult or
impossible to reverse. As these networks are used by banks to settle accounts
with each other, rapid or overnight wire transfer of large amounts of money are
commonplace; while banks have put checks and balances in place, there is the
risk that insiders may attempt to use fraudulent or forged documents which
claim to request a bank depositor's money be wired to another bank, often an
offshore account in some distant foreign country.
Forged or fraudulent documents
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.
Theft of identity
Dishonest bank personnel have been known to disclose depositors'
personal information for use in theft of identity frauds. The perpetrators then
use the information to obtain identity cards and credit cards using the victim's
name and personal information.
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Demand draft fraud
Demand draft fraud is usually done by one or more dishonest bank
employees. They remove few DD leaves or DD books from stock and write
them like a regular DD. Since they are insiders, they know the coding, punching
of a demand draft. These Demand drafts will be issued payable at distant
town/city without debiting an account. Then it will be cashed at the payable
branch. For the paying branch it is just another DD. This kind of fraud will be
discovered only when the head office does the branch-wise reconciliation,
which normally will take 6 months. By that time the money is unrecoverable.
Bill discounting fraud
Essentially a confidence trick, a fraudster uses a company at their
disposal to gain confidence with a bank, by appearing as a genuine, profitable
customer. To give the illusion of being a desired customer, the company
regularly and repeatedly uses the bank to get payment from one or more of its
customers. These payments are always made, as the customers in question are
part of the fraud, actively paying any and all bills raised by the bank. After
time, after the bank is happy with the company, the company requests that the
bank settles its balance with the company before billing the customer. Again,
business continues as normal for the fraudulent company, its fraudulent
customers, and the unwitting bank. Only when the outstanding balance between
the bank and the company is sufficiently large, the company takes the payment
from the bank, and the company and its customers disappear, leaving no-one to
pay the bills issued by the bank.
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Fraud by others
Forgery and altered cheques
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 $100.00 into $100,000.00, although
such a large figure may raise some eyebrows).
Instead of tampering with a real cheque, some fraudsters will attempt to
forge a depositor's signature on a blank cheque or even print their own cheques
drawn on accounts owned by others, non-existent accounts or 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.
Stolen cheques
Some fraudsters obtain access to facilities handling large amounts of
cheques, such as a mailroom or post office or the offices of a tax authority
(receiving many cheques) or a corporate payroll or a social or veterans' benefit
office (issuing many cheques). A few cheques go missing; accounts are then
opened under assumed names and the cheques (often tampered or altered in
some way) deposited so that the money can then be withdrawn by thieves.
Stolen blank chequebooks are also of value to forgers who then sign as if they
were the depositor.
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24 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
Accounting fraud
In order to hide serious financial problems, some businesses have been
known to use fraudulent bookkeeping to overstate sales and income, inflate the
worth of the company's assets or state a profit when the company is operating at
a loss. These tampered records are then used to seek investment in the
company's bond or security issues or to make fraudulent loan applications in a
final attempt to obtain more money to delay the inevitable collapse of an
unprofitable or mismanaged firm.
Accounting fraud has also been used to conceal other theft taking place
within a company.
Payment card fraud
Credit card fraud is widespread as a means of stealing from banks,
merchants and clients.
Booster cheques
A booster cheque is a fraudulent or bad cheque used to make a payment
to a credit card account in order to "bust out" or raise the amount of available
credit on otherwise-legitimate credit cards. The amount of the cheque is
credited to the card account by the bank as soon as the payment is made, even
though the cheque has not yet cleared. Before the bad cheque is discovered, the
perpetrator goes on a spending spree or obtains 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.
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Money laundering
The term "money laundering" dates back to the days of Al Capone;
Money laundering has since been used to describe any scheme by which the
true origin of funds is hidden or concealed.
The operations work in various forms. One variant involved buying
securities (stocks and bonds) for cash; the securities were then placed for safe
deposit in one bank and a claim on those assets used as collateral for a loan at
another bank. The borrower would then default on the loan.
But what of the securities themselves? Perfectly good and worth the full
amount.
The transaction accomplished nothing except to disguise the original
source of the funds.
Cheque kiting
Cheque kiting exploits a system in which, when a cheque is deposited to
a bank account, the money is made available immediately even though it is not
removed from the account on which the cheque is drawn until the cheque
actually clears.
Deposit ¤1000 in one bank, write a cheque on that amount and deposit it
to your account in another bank; you now have ¤2000 until the cheque clears.
In-transit or non-existent cash is briefly recorded in multiple accounts.
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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.
Some perpetrators have swapped checks between various banks on a
daily basis, using each to cover the shortfall for a previous cheque.
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.
Stolen payment cards
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.
A variant of this is to copy just the credit card numbers (instead of
drawing attention by stealing the card itself) in order to use the numbers in
online frauds.
Duplication or skimming of card information
This takes a number of forms, ranging from a dishonest merchant
copying clients' credit card numbers for later misuse (or a thief using carbon
copies from old mechanical card imprint machines to steal the info) to the use
of tampered credit or debit card readers to copy the magnetic stripe from a
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payment card while a hidden camera captures the numbers on the face of the
card.
Some thieves have surreptitiously added equipment to publicly accessible
automatic teller machines; a fraudulent card stripe reader would capture the
contents of the magnetic stripe while a hidden camera would sneak a peek at the
user's PIN. The fraudulent equipment would then be removed and the data used
to produce duplicate cards that could then be used to make ATM withdrawals
from the victims' accounts.
Fraudulent loan applications
These take a number of forms varying from individuals using false
information to hide a credit history filled with financial problems and unpaid
loans to corporations using accounting fraud to overstate profits in order to
make a risky loan appear to be a sound investment for the bank.
Some corporations have engaged in over-expansion, using borrowed
money to finance costly mergers and acquisitions and overstating assets, sales
or income to appear solvent even after becoming seriously financially
overextended. The resulting debt load has ruined entire large companies, such
as Italian dairy conglomerate Parmalat, leaving banks exposed to massive losses
from bad loans.
Prime bank fraud
The "prime bank" operation which claims to offer an urgent, exclusive
opportunity to cash in on the best-kept secret in the banking industry,
guaranteed deposits in "prime banks", "constitutional banks", "bank notes and
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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 sounds too good to be true?
It is too good to be true.
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
simply does not exist... these are all fictitious financial instruments and your
money is gone forever.
The fictitious 'bank inspector'
This is an old scam with a number of variants; the original scheme
involved claiming to be a bank inspector, claiming that the bank suspects that
one of its employees is stealing money and that to help catch the culprit the
"bank inspector" needs the depositor to withdraw all of his or her money. At
this point, the victim would be carrying a large amount of cash and can be
targeted for the theft of these funds.
Other variants included claiming to be a prospective business partner
with "the opportunity of a lifetime" then asking for access to cash "to prove that
you trust me" or even claiming to be a new immigrant who carries all their
money in cash for fear that the banks will steal it from them - if told by others
that they keep their money in banks, they then ask the depositor to withdraw it
to prove the bank hasn't stolen it.
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Impersonation of officials has more recently become a way of stealing personal
information for use in theft of identity frauds.
Phishing and Internet fraud
Phishing operates by sending forged e-mail, impersonating an online
bank, auction or payment site; the e-mail directs the user to a forged web site
which is designed to look like the login to the legitimate site but which claims
that the user must update personal info. The information thus stolen is then used
in other frauds, such as theft of identity or online auction fraud.
A number of malicious "Trojan horse" programmes have also been used
to snoop on Internet users while online, capturing keystrokes or confidential
data in order to send it to outside sites.
Counterfeit Cheques.... a Criminal Offence.
Counterfeit cheques are becoming a huge problem for the Banking
Industry because of the sheer numbers that are deposited into accounts and
because of the naiveté and greed of Individuals who are account holders.
Many counterfeit cheques are made to look like authentic Company
cheques and are drawn on accounts of legitimate Companies; these counterfeits
in most instances come from Organized Crime and willing participants are
recruited to deposit these cheques into their own accounts for a commission.
The participants are usually substance abusers, fraudsters and naïve and/or
greedy people who think that this is an easy way to make money. In some
instances Individuals are not told that the cheque is counterfeit, and in most
instances they don't even know who gave them the cheque.
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Many of the counterfeit scams are run by Organized Crime and they
manage to convince Individuals that the mother lode has just fallen into their
lap..."yes we will give you a huge commission for doing nothing", etc. They
neglect to mention that you will be the fall guy when the Police come knocking
because it's your account which was used to commit the fraud.
Whatever the circumstance, counterfeit cheques are leaving their mark on
Financial Institutions because one cheque can result in a write-off worth tens of
thousands of dollars. There are literally thousands of counterfeit cheques that
are deposited into Customers' accounts at Financial Institutions every day
resulting in substantial losses when the Customer is unable to make restitution
when the funds have been withdrawn.
The consequences for a naive or greedy person depositing a counterfeit
cheque to his/her account can be devastating as they will be on the hook for the
chargeback and will also have to convince local Police Authorities that they did
not have the intent to commit fraud.
Forging signatures and altering cheques.... is a Criminal Offence.
Company cheques, personal information, credit card applications and
many other items which criminals use to commit fraud are stolen from remote
mailboxes and apartment mailboxes every day. The payee name is changed on
the cheque and the dollar amount is raised substantially. These cheques are
deposited via bank machine and a bank employee is not able to inspect them.
When they are deposited over the counter, the bank employee may be too busy
to notice that anything is wrong with the cheque.
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Many of these fraudsters are even so bold as to use their own name. The
money is usually gone before the bank is notified that the cheque has been
altered. Someone has to pay, either the fraudster or the bank, depending on the
circumstances. And in most cases the bank will end up absorbing the loss
because the fraudster has no money.
Sometimes naïve and/or greedy Individuals are recruited to deposit these
items into his/her account with promises of a huge commission. There are
consequences, and even though you may plead your innocence it will affect you
in some way. You will have to pay the money back, your credit history may be
affected, and your explanation may or may not be believed. After all, you can
only be so naïve, and either your credibility or your intelligence will be
questioned, having a negative impact on some aspects of your life. i.e. family,
job, friends, future employment if it results in criminal charges or bad credit
history, etc. etc. The list is endless.
What you have just read are the most common types of fraud that are
perpetrated against Financial Institutions on a daily basis, and account for a
significant loss for them. Awareness and education are key elements to
prevention.
Suffice it to say that having a criminal record and a bad credit history is
like an anchor around your neck which will hamper family life, career
opportunities, bank loans and travel outside the Country, among many other
repercussions.
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Relevant Issues 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:
o Misappropriation of cash by fudging accounts.
o Unauthorized withdrawal or transfers of funds, mostly from long dormant
accounts.
o Opening of fictitious accounts to misappropriate funds from illegal
activities i.e. Laundering through the fictitious accounts
o Use of interbank clearing for accommodation, kite-flying and
misappropriation.
o Cheating in foreign exchange transactions by flouting exchange control
provisions.
o Withdrawal from deposit accounts through forged documents.
Fraud in collusion with bank staff in emerging areas and services under
the computerized environment. Frauds take place in a financial system only
when safeguards and procedural checks are inadequate or when they are not
scrupulously adhered to, leaving the system vulnerable to the perpetrators.
Anecdotal evidence shows that whether the agency or individual committing
the fraud works for the bank or deals with it, careful planning is done by the
culprit before he attacks the system at its most vulnerable point.
The most effective defense banks could have against fraud is to
strengthen their operational practices, procedures, controls and review systems
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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 tenfold”INDIA FORENSIC” approach
to tackle the bank fraud will definitely play a crucial role in coming days.
Expect fraud:
Nowhere in the world the fraud can be avoided hence can the banks 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.
Develop a fraud policy:
The policy should be written and distributed to all employees, Borrowers
and depositors. This gives a moral tension to the potential Fraudster. Maintain a
zero tolerance for violations. The Indian bank needs to roar against the action
that is taken against the Fraudsters. The media publicity against the fraudsters at
all the levels is necessary. The announcement by US president George W. Bush
that the “Corporate crooks will not be spared” gave the deep impact to the
Corporate America. In India also we need to consider it as a severe problem and
need to fight against it.
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Assess Risk:
Look at the ways fraud can happen in the organization. It is very
important to study the trend and the style of frauds in the bank. Some of the big
nationalized banks maintain the databases of the fraud cases 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 a “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.
Segregate duties in critical areas:
It is the absolutely basic principle of auditing a single person should not
have the control of the books of accounts and the physical asset. Because this is
the scenario which tempts the employee to commit the fraud. Hence it becomes
essential to see that no one employee should be able to initiate and complete a
critical transaction without involving someone else.
Most of the banks in India have the well-defined authorization
procedures. The allocation of the sanctioning limits is also observed in most of
the cases. But still the bankers violate the authorities very easily. They just need
to collude with the outside parties. However the detection of the collusions is
possible in most of the cases if the higher authorities are willing to dig the
frauds.
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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.
Review and enforce password security:
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 is going to be a crucial.
Promote the Whistle blowing Culture:
Many of the surveys on Frauds have shown that the frauds are unearthed
by the “TIPS” from insider or may be from outsiders. Internal audits and
internal controls come much later. The message about contacting the vigilance
officers is flashed in most of the branch premises. However the ethics lines are
very rarely seen. The ethics lines are the help lines to the employees or the well-
wishers of the bank which tells them whether a particular activity constitutes a
fraud or not.
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Conduct pre-employment screening:
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. Sometimes 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 creating real life scenarios such as offering
the bribes by calling on some dummy borrower.
Screen and monitor Borrowers:
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.
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TOP BANKING FRAUDS AS PER IBN LIVE (BUSINESS)
Business
1. Jerome Kerviel
Jerome Kerviel is a French trader who was convicted in 2008 for causing
trading loss, breach of trust, forgery and unauthorized use of bank Societe
Generale's computers, resulting in losses valued at 4.9 billion pounds. The bank
said Kerviel was a rogue trader and claimed he worked these trades alone, and
without its authorization, assertions that have been met with skepticism from
expert commentators and analysts alike.
Kerviel had told investigators that such practices are widespread and that
getting a profit makes the hierarchy turn a blind eye. Kerviel published a book
in May 2010, in which he alleges that his superiors knew of his trading
activities, and that the practice was very common.
2. Vatican's God Bankers
Roberto Calvi was the chairman of Italy's second largest private bank, Banco
Ambrosiano when it went bankrupt in 1982. A financial advisor to the Vatican,
Calvi headed the Banco Ambrosiano, which collapsed in one of Italy's largest
fraud cases following the disappearance of $1.3 billion in loans the bank had
made to dummy companies in Latin America.
The Vatican had provided letters of credit for the loan. After the collapse in
1982, Calvi suddenly disappeared from Italy. He was found a short time later
hanging from scaffolding on Blackfriar's Bridge, his suit pockets loaded with 11
pounds of bricks and $11,700 in various currencies stuffed in his pocket.
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London investigators first ruled that Calvi committed suicide, but his family
pressed for further investigation. Eventually murder charges were filed against
five people, including a major Mafia figure, but they were all acquitted after a
trial in 2007. While denying any wrongdoing, the Vatican bank agreed to pay
$250 million to Ambrosiano's creditors.
In past decades, two Vatican financial advisers died in the strangest of
circumstances. The scandals blackened the bank's reputation, raised suspicions
of ties with the Mafia, and cost the Vatican hundreds of millions of dollars in
legal clashes with Italian authorities. Now the bank is back under harsh scrutiny
- in a case involving money laundering allegations that caused police to seize
$30 million in Vatican assets.
3. Nordea Bank Fraud
Internet fraudsters stole around ($1.1m; £576,000) from account holders at
Swedish bank Nordea. The theft, described by Swedish media as the world's
biggest online fraud, took place over three months. The criminals siphoned
money from customers' accounts after obtaining login details using a malicious
program that claimed to be anti-spam software.
Nordea said it had now refunded the lost money to all 250 customers affected
by the scam. Police have said they suspect organised criminals from Russia
used a Trojan (a programme that installs malware on computers), affecting
more than 250 customers, leaving a log of information sent to servers in Russia.
The attack started when the trojan sent in the name of the bank to the bank’s
clients. The sender encouraged clients to download a spam fighting application.
Users who downloaded the attached file raking.zip or raking.exe were infected
by the trojan haxdoor.ki.
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4. Citibank Gurgaon
A banking fraud which could run into a whopping Rs 400 crore was unearthed
at Citibank's Gurgaon (Haryana) branch. Funds amounting to Rs 400 crore of
20 high networth customers was allegedly siphoned off by bank executive
Shivraj Puri.
Puri is accused of selling investment products to high networth clients claiming
that they would generate unusually high returns. It is also alleged that Puri, who
is named in the FIR, showed a forged notification of market regulator Securities
and Exchange Board of India for obtaining funds from customers. He is also
accused of claiming that these products were authorised by the bank's
investment product committee.
5. Zoom Developers
Termed as one of the largest banking scams in India, the CBI is investigating
the disbursement by 27 banks to Zoom Developers. The ministry of finance has
questioned Punjab National Bank, who is the lead banker to Zoom Developers.
Nearly 27 Indian banks, with a majority of public sector banks have lent close
to Rs 2,700 crore to Zoom Developers. This debt has been admitted in the
corporate debt restructuring cell.
6. China Construction Bank
China executed bankers Wang Liming and Miao Ping for fraudulent activity in
2004. Wang Liming, a former accounting officer with the China Construction
Bank in Henan, stole 20 million yuan ($ 2.4 million) from the bank using
fraudulent papers. Miao Ping was an accomplice in the same case.
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7. John Rusnak
John Rusnak was a former currency trader at Allfirst bank, then part of AIB
Group, in Baltimore, MD, United States. In 2003 he was sentenced to seven and
half years in prison for hiding USD 691 million in losses at the bank, after bad
bets snowballed in one of the largest ever cases of bank fraud.
He was transferred from prison to a halfway house in June 2008, to home
confinement in September 2008, and ultimately released from home
confinement on January 5, 2009, serving just less than 6 years.
8. Nicholas Leeson
Nicholas Leeson is a former derivatives broker whose fraudulent, unauthorized
speculative trading caused the collapse of Barings Bank, the United Kingdom's
oldest investment bank, for which he was sent to prison.
T.Y B.COM (BANKING AND
NEWS ARTICLES ON MODES OF FRAUDS AND FRAUDS IN
BANKING
Article from the Money Central (MSN)
MONEY
Bank Fraud? There’s an app for that
Mobile banking once entailed little beyond the ability to receive a text message
with your account balance. But these days, it's finally starting to live up to its
name. Virtually every large bank and many regional banks and credit unions
have rolled out applications that allow their clients to use a mobile phone for
fund transfers, bill payments and even check deposits.
But with the increasing popularity and convenience of
comes a big caveat: the risk of downloading and installing a fraudulent
application that could steal your account information and, potentially, any other
data stored on your mobile device. In other words, the next generation
of phishing scams is about to explode, and it has the potential to do much more
damage than earlier versions.
The trend is still in its infancy, but there have already been instances of
potential fraud. In January, Google
Market in response to concerns that they might be malicious. All apps were
uploaded by the same developer and claimed to offer access to bank accounts
from a variety of institutions, from big names such as JPMorgan Chase, HSBC,
U.S. Bank, USAA and ING to local
FRAUDS IN BANKING
D INSURACE) – SEM V
NEWS ARTICLES ON MODES OF FRAUDS AND FRAUDS IN
Article from the Money Central (MSN)
MONEY
Bank Fraud? There’s an app for that
once entailed little beyond the ability to receive a text message
with your account balance. But these days, it's finally starting to live up to its
every large bank and many regional banks and credit unions
have rolled out applications that allow their clients to use a mobile phone for
fund transfers, bill payments and even check deposits.
But with the increasing popularity and convenience of mobile
comes a big caveat: the risk of downloading and installing a fraudulent
application that could steal your account information and, potentially, any other
data stored on your mobile device. In other words, the next generation
scams is about to explode, and it has the potential to do much more
damage than earlier versions.
The trend is still in its infancy, but there have already been instances of
potential fraud. In January, Google pulled 50 applications from its
in response to concerns that they might be malicious. All apps were
uploaded by the same developer and claimed to offer access to bank accounts
from a variety of institutions, from big names such as JPMorgan Chase, HSBC,
U.S. Bank, USAA and ING to local credit unions.
FRAUDS IN BANKING
41 | P a g e
NEWS ARTICLES ON MODES OF FRAUDS AND FRAUDS IN
once entailed little beyond the ability to receive a text message
with your account balance. But these days, it's finally starting to live up to its
every large bank and many regional banks and credit unions
have rolled out applications that allow their clients to use a mobile phone for
mobile-banking apps
comes a big caveat: the risk of downloading and installing a fraudulent
application that could steal your account information and, potentially, any other
data stored on your mobile device. In other words, the next generation
scams is about to explode, and it has the potential to do much more
The trend is still in its infancy, but there have already been instances of
from its Android
in response to concerns that they might be malicious. All apps were
uploaded by the same developer and claimed to offer access to bank accounts
from a variety of institutions, from big names such as JPMorgan Chase, HSBC,
FRAUDS IN BANKING
42 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
"Smart phones are extremely prolific right now, and there is opportunity there
for criminals to be seeding stores with applications intended to capture personal
information," says Nick Holland, a senior analyst at Aite Group, a market
research firm. "We're on the tip of an explosion in terms of bad apps."
Even more worrisome, fraudulent apps may be more difficult to spot than were
the fake Web sites used by phishing scammers. An unusual Web address, or
URL, could easily flag a Web site as fake, but that's not the case with smart-
phone applications. And the fact that an application is available through an app
store gives it an aura of credibility, Holland says.
Google declined to comment on the incident, and it isn't known just how many
consumers have downloaded those apps. Scott Moeller, the chief executive
officer of mShift, a company that develops applications for about 200 banks and
credit unions, estimates that number to be below 1,000. (At least one of mShift's
clients was among the affected institutions.)
The apps were priced in U.K. pounds (at 0.99 each, or about $1.50), which must
have kept U.S. consumers at bay, Moeller says. That would probably not have
been the case if they had been free or priced in U.S. dollars.
"There's a yearning for mobile applications," Moeller says. "You could put out
50 apps at once, and people would start downloading them immediately."
FRAUDS IN BANKING
43 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
The issue has already gotten the attention of banks' fraud departments, which
are charged with monitoring for such incidents and warning customers. And it
works both ways: Sometimes it's customers who flag potential fraud. Paul
Berry, a spokesman for USAA, says the bank found out about the December
2009 Android incident "almost immediately" from a bank member.
"We have a fraud department that covers the vast range of banking fraud and
insurance fraud -- and we have members who'll call us and let us know," he
says.
Companies that own the application marketplaces say they, too, are on the
watch for fraudulent apps. At Apple, the policy is to vet each application before
it appears in the App Store. But no system is foolproof. For example, there are
apps for so-called jail-broken iPhones, which are unlocked in order to allow the
use of other networks besides AT&T or to download applications sold on third-
party marketplaces. The practice makes the compromised phones more prone to
fraud. Apple spokeswoman Trudy Muller says the company takes security
"very seriously and has a great track record of addressing potential
vulnerabilities before they can affect users."
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44 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
Article from the Jagran Post.
Banks lost Rs 2,017 crore in fraud in 2009-10: CBI
New Delhi: Country’s banking sector lost over Rs 2000 crore in frauds during
2009-10 with more than 200 of these incidents involving cheating of above one
crore each, according to CBI Director A P Singh.
The CBI chief has warned the banks of latest trends emerging in banking frauds
in areas like electronic payments, technology-related payments like RTGS,
credit cards, ATM, cell banking, internet banking among others.
"Banking Sector has lost as much as Rs 1,883 crore and Rs 2,017 crore during
2008-09 and 2009-2010, respectively. These include over 200 frauds of above
Rs one crore during each year," he said during the 'Third Conference of Central
Vigilance Officers of 31 Public Sector Banks and Financial Institutions' at the
CBI headquarters here.
Singh said CBI's role was to investigate the criminality in bank frauds and it
does not interfere in cases of prudent commercial judgment, even if such
decisions involve risks or have resulted in losses to banks.
He called upon banks to adapt to changing technology and to sensitize its
officers to new areas of fraud being used by scamsters.
(Agencies)
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Information by Canara Bank for their customers while operating account by E-mail
Privacy Policy:
Canara Bank (“Bank”) understands that our
relat ionship is s trongly buil t on trust and fai th. Any
personal information that we seek f rom you would
only be aimed at providing you quali ty service and
would be kept conf idential . This information would
not be used in any way detr imental to your interest .
We may however be required to disclose your personal information to
Government, judic ial bodies, and our regulators or to any person to whom
the Bank is under an obligation to make disclosure under the requirements
of any law binding on the Bank or any of i ts branches, when si tuation so
demands.
Security Policy:
We accord top priori ty to Securi ty and str ive to
provide protection to your accounts against
accidental access, unauthorized access, data
corruption or erasure by way of appropriate physical
and manager ial procedures. We use the Secured
Socket Layer protocol wi th 128bit encryption for
secure transmission of your messages to our Web Servers. This securi ty
aspect has been cert if ied by the IDRBT, an inst i tut ion of Reserve Bank of
India. Our Web Servers are securely placed behind Firewalls to prevent
unauthorized access to your account information
FRAUDS IN BANKING
46 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
About E-mail Fraud
Beware of Fraudulent E-mails requesting online banking security details!
Internet Banking is a safe way to manage your money. However, there are Internet
Fraudsters around who will try to gain access to your accounts by E-mailing you and
prompting you to disclose your on-line banking security details to them. Banks will
never send E-mails that ask for confidential information. If you receive an E-mail
requesting your Internet Banking security details, you should not respond.
How do Fraudulent E-mails work?
Typically you will receive an E-mail claiming to be from your bank, either
requesting your security details (perhaps as part of an update or confirmation
process) or asking you to follow a link to a site where you will be encouraged to
provide a range of information such as your credit card number, personal
identification number (PIN), passwords or personal information, such as mother's
maiden name.
Clicking on the link then takes you to a fake website, designed to look like that of
your bank, but operated by the Fraudster.
Fraudulent E-mails and websites can be very convincing and Fraudsters are
continually inventing new approaches to get you to divulge your security details.
How to be cautious?
Treat all unsolicited emails with caution and never click on links from such emails
and enter any personal information.
If you've replied to a suspicious E-mail and provided personal or sensitive
information about your account please
contact us immediately at [email protected]
To ensure a legitimate and safe sign on, always enter Canara Bank’s official web
site, www.canarabank.in in your browser's address field.
FRAUDS IN BANKING
47 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
ABOUT PHISHING ( POTENTIAL SECURITY THREATS )
Phishing ' is a common form of Internet piracy. I t is deployed to
steal users ' personal and conf idential information l ike bank account
numbers, net banking passwords , credit card numbers, personal
identi ty detai ls etc . Later the perpetrators may use the information
for siphoning money f rom the vict im's account or run up bi l ls on
vict im's credit cards. In the worst case one could also become the
vict im of identi ty thef t . A few customers of some other Indian
banks have been affected by the at tempt of phishing during the
early 2006. Phishing scams take advantages of sof tware and
securi ty weaknesses of the cl ients. But even the most high-tech
phishing scams work l ike old-fashioned con jobs, in which a
phisher convinces his mark that he is rel iable and trustworthy
Since most people won' t reveal their bank account, credit card
number or password to just anyone, phishers have to take extra
steps to tr ick their vict ims into giving up this information. This
kind of deceptive at tempt to get information is ca lled social
engineering.
We would l ike you to be aware of methodologies in a 'Phishing '
at tack, do 's and don'ts in sharing of personal informat ion and the
action to be taken in case you fal l prey to a phishing at tempt.
FRAUDS IN BANKING
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Methodologies:
Phishing attacks use both social engineering and technical subterfuge to steal
customers' personal identity data and financial account credentials.
• Customer receives a fraudulent e-mail seemingly from a legitimate Internet
address.
• The email invites the customer to click on a hyperlink provided in the mail.
• Click on the hyperlink directs the customer to a fake web site that looks
similar to the genuine site.
• Usually the email will either promise a reward on compliance or warn of an
impending penalty on a non compliance.
• Customer is asked to update his personal information, such as passwords
and credit card and bank account numbers etc.
• Customer provides personal details in good faith. Clicks on 'submit' button.
• He gets an error page.
• Customer falls prey to the phishing attempt.
FRAUDS IN BANKING
49 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
Don'ts:
• Do not click on any link which has come through e-mail from an
unexpected source. It may contain malicious code or could be an attempt to
'Phish'.
• If you get an e-mail that you believe is a phishing attempt, you do not reply
to it, click on the links or provide your personal information.
• Do not provide any information on a page which might have come up as a
pop-up window.
• Never provide your password over the phone or in response to an
unsolicited request over e-mail.
• Always remember that information like password, PIN, TIN, etc are strictly
confidential and are not known even to employees/service personnel of the
Bank. You should therefore, never divulge such information even if asked
for.
Do's:
• Always logon to a site by typing the proper URL in the address bar.
• Give your user id and password only at the authenticated login page.
• Before providing your user id and password please ensure that the page
displayed is an https:// page and not an http:// page. Please also look for the
lock sign ( ) at the right bottom of the browser and the certificate from the
verification authorities.
• Provide your personal details over phone/Internet only if you have initiated a
call or session and the counterparty has been duly authenticated by you.
• Please remember that bank would never ask you to verify your account
information through an e-mail
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What to do if you have accidentally revealed password/PIN/TIN etc:
• If you feel that you have been phished or you have provided your personal
information at a place you should not have, please carry out following
immediately as a damage mitigation measure.
• Change your password immediately. If you use the same password at other
sites, we suggest you to change your passwords there, too.
• Report to the bank by clicking on the link 'Report Phishing' on login page.
• Check your account statement and ensure that it is correct in every respect.
• Report any erroneous entries to Bank.
Instructions for Submitting Phishing Email:
Assuming you use Outlook or Netscape:
1. Create a new mail to [email protected]
2. Drag and drop the phishing email from your inbox onto this new email
message In Netscape drop it on the 'attachment' area
3. Do not use "forward" if you can help it,
as this approach loses information and requires more manual processing.
The exception is when you use the Web interface to outlook: in that case
forward is the only solution.
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51 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
CONCLUSION
The World, including India faces a unique challenge today of Frauds in
Banking. The Concept of Frauds in Bank, although is an old and consistent
concept in the Finance Industry, its changing dynamics make it a challenge
nonetheless.
The ways to deal with such frauds are available but, somehow are not being
strongly supported by the framework or the structure of the economy as a
whole.
Increasing development in the field of Information Technology has made
detection of frauds easy, but ironically it has also opened up new gateways for
new frauds involving new dynamics altogether.
The System exists, what lacks is the awareness that shall prevent the fraud from
happening in the first place. As rightly said by Area Commander
Superintendent John Hopgood, who worked on the case involving in the
$550,550 fraud case of Federal Bank of United States “Forget about the rest,
Concentrate on the Fraud”, is the attitude the economies around the world
require.
FRAUDS IN BANKING
52 | P a g e T.Y B.COM (BANKING AND INSURACE) – SEM V
BIBLIOGRAPHY
BOOKS:
1. Bank Frauds Prevention and Detection by B.R Sharma
2. Frauds 101 : Techniques and Strategies for Understanding Frauds by
Stephen Pedneault
ARTICLES:
1. Marri Ramu, “Bank Fraud”, Articles of Times Of India.
2. Top Banking Frauds of All Time, Article of IBN Live India.
3. Bank Fraud? Is there an app for that?, Article Of MSN Money Control
4. CBI’s Report on Bank Frauds, Article from Jagran Post.
WEBSITES:
1. www.rbi.org
2. www.cyberfraudsources.com
3. www.canarabank.in
SEARCH ENGINES:
1. www.google.in
2. www.yahooanswers.co.in
3. www.wikipedia.in
OTHER REFRENCES:
• Mr. Gurmeet Singh Khurana, Manager, Punjab National Bank,
Chandigarh Branch.