SEBI foxed by ghost investors; seeks help in Sahara case
As SEBI sifts through ‘hopelessly mixed up’ documents submitted by Sahara, chances remain very low of finding genuine investors
New Delhi: As SEBI sifts through ‘hopelessly mixed up’ documents submitted by Sahara, chances remain very low of finding genuine investors and the market regulator suspects it to have provided details of mostly ‘ghost or fictitious’ investors.
Making things worse, there has been a considerable delay in response from central agencies and state governments from whom SEBI has been seeking assistance for attaching Sahara group properties for almost a year, sources said.
Notwithstanding these hiccups in such a high-profile case in which Sahara Chief Subrata Roy has been taken into police custody for being produced before the Supreme Court on March 4, SEBI is seeking help from its peers in foreign countries such as Mauritius, the UK and the US.
It is also seeking help of some other jurisdictions, where Sahara is said to have presence through business ventures or shell companies.
Besides help in administrative matters, the overseas regulators may also be tapped for sharing intelligence on the ventures set up by Sahara in various jurisdictions.
As majority of investor accounts, from about 3 crore listed out by Sahara, not turning out to be genuine, there is a suspicion about possible money laundering activities, a senior official said, adding that other regulatory agencies would need to play a more active role in such a scenario.
Even among those who so far appear to be genuine investors and whose numbers could reach a few lakhs at most, a majority are in the ‘multiple investors’ category. Refunds have been made as yet only for “individual genuine investor” accounts.
While Sahara has accused SEBI of going slow on repayment process despite Rs 5,120 crore having been deposited with it, senior officials said that the refund task is too complex and the group has not been very forthcoming when asked to cooperate in investor verification.
The group claims that SEBI has not sought its help in verifying investors.
While genuine investors not finding multiple mentions and those not listed against multiple accounts are being repaid their investments, SEBI will soon ask the Supreme Court about the ‘genuine multiple investors’ or those having multiple deposits.
These investors would begin getting their refunds after the Supreme Court go-ahead in this regard.
While SEBI has not disclosed any official figure for the refunds made so far, Sahara group claims that the total refund so far is just about Rs 1 crore.
SEBI has also set up a special team of officers to deal with refunds. An Officer on Special Duty and other dedicated officers may deal with the objections and claims relating to the Sahara properties to be sold and for conducting the sale of the property to garner funds for refunding the investors’ money.
An initial pilot study conducted by Sebi for ascertaining the genuineness of investor documents submitted by Sahara had found that close to 99 per cent of the bondholders were untraceable.
Under the pilot program, SEBI sent out redemption notices inviting claims to more than 21,000 bondholders but it received less than 300 claims. While more than 7,000 notices returned undelivered, there was no response in respect of over 13,000 notices.
SEBI had referred these cases and many others at a later stage to Sahara for further verification, but not much headway could be made.
With regard to the pending payment of about Rs 20,000 crore from Sahara firms, SEBI is of the view that the group has not been able to establish its claims of have repaid this amount directly in cash to investors.