fraud in banking sector

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    “Fraud in the Banking Sector – causes,

    concerns and cures”

    1

      Presented by 

    Venkatesh, M.

    Sr. MBA (ABM)

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    Introduction

    2

    Banks are an essential part of the Indian economy. While the primary responsibility for preenting frauds lies !ith

     banks themseles.

    Banks are dealing !ith public"s money and hence it is imperatie

    that employees should e#ercise due care and diligence in handlingthe transactions in banks.

    $he %BI has been adising banks from time to time about the

    ma&or fraud prone areas and the safeguards necessary for

     preention of frauds.

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    'efinition of fraud

    3

    Fraud can loosely be defined as “any behaiour by !hich one

     person intends to gain a dishonest adantage oer another“

    fraud, under section () of the Indian contract act, (*)+,

    %BI not defined the term “fraud” in its guidelines on frauds

    !hich reads as under.

    “ deliberate act of omission or commission by any person,

    carried out in the course of a banking transaction or in the

     books of accounts maintained manually or under computer

    system in banks, resulting into !rongful gain to any person for

    temporary period or other!ise, !ith or !ithout any monetaryloss to the bank”.

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    $able (- umber of frauds cases reported by %BI

    regulated entities

     4

    Sl. No. Category No. of cases Amount involve

    ( /0112%/I3 B4S 169190 29910.12

    + BF/s 935 154.78

    5 6/Bs 6345 1057.03

    7 FIs 77 279.08

    8 $otal176547 31401.01

    9o. of cases in absolute terms and amount inoled in %s. crore:

    Source- BIS central bankers; speeches +< =uly +>(5.

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      $ypes of frauds

    5

    Account o!ening frau" this inoles a deposit and cashing of

    fraudulent che?ues.

    Che#ue kiting" is a method !here by a depositor utili@es the

    time re?uired for che?ues to dear to obtain an unauthori@ed

    loan !ithout any interest charge.

    Che#ue frau" most common cases of this kind of fraud are

    through stolen che?ues and forged signatures.

    Counterfeit securities" documents, securities, bonds and

    certificate could be forged, duplicated, ad&usted or altered and

     presented for loan collection.

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    Com!uter frau" hacking, tampering !ith a diskette to gain

    access to unauthori@ed areas and gie credit to an account for

    !hich the funds !ere not originally intended.

    $oan frau" !hen funds are lent to a nonAborro!ing customer

    or a borro!ing customer that has e#ceeded his credit limit.

    1oney laundering fraud- this is a means to conceal the

    e#istence, source or use of illegal obtained money by conerting

    the cash into untraceable transactions in banks.

    Money transfer frau" alteration of a genuine Funds transfer

    re?uest.

    e.g 1ail, telephone, electronic process, tele#.

    3atest technology of using S1 phones.

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    %ele& 'rau- $he messages that are passed through tele# in

    form of codes could be altered to diert the funds to another

    account

    $etters of Creit" 1ost common in international trading,

    these are instruments used across borders ads can be forged,

    altered, ad&usted and take longer to identify.

    Avance 'ees 'rau" Copularly kno!n as D7(E;, adancedfees fraud may inole agent !ith an offer of a business

     proposition !hich !ould lead to access often for a long term.

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    $able +- earA!ise and amount of fraud cases in

    the banking sector 

    8

    9o. of cases in absolute terms and amount inoled in %s. crore:

    Sl. No. ear No. of cases %otalamount

    ( +>>EA(> +7)E( +>5).*(

    + +>(>A (( (E*+) 5*5+.>*

    5 +>((A (+ (7)58 77E(.87

    7 +>(+A (5 (5+E5 *

    8 $otal frauds reported as of march +>(5 ( +EE(>.(+

    Source- BIS central bankers; speeches

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    $able 5- Bank roup !ise fraud cases

    9

    Sl.No.

    Bank grou! No. of  cases

    %o totalcases

    Amount*nvolve

    %o totalAmount

    ( ationalised banksincluding SBI group

    +E( *5.>(

    +a 0ld Ct. Sector banks ++)( (.57 ()>).)( 8.)(

    +b e! Ct. Sector Banks E(> 85.*+ +(7>.7* ).(<

    5 Sub total 9priate banks: E555( 88.(< 5*7*.(E (+.*)

    7 Foreign banks 7< +).5( (+55.E+ 7.(+

    < $otal ( (>> +EE(>.(+ (>>

    9o. 0f cases in absolute terms and amount inoled in %s. /rore:

    Source- BIS central bankers; speeches

     

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    /ategory of frauds

    10

    (. $echnology related

    +.  4/ related 9mainly in deposit accounts:

    5.  dances related

    . %echnology relate" $he $echnology related fraud  around

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    $he aboe eident that incidence of cyber frauds is e#tremely

    high, the actual amount inoled is generally ery lo!.

    %BI has adised banks in February +>(5 to introduce t!o

    factor authentication in case of “card not present” transactions,

    conerting all strip based cards to chip based cards for better

    security.

    $he electronic modes of payment like 2F$ and %$S are

    introduce. %BI has adised banks to introduce preentie measures such

    as putting a cap on the alueH number of beneficiaries, elocity

    checks on number of transactions effected per dayH per

     beneficiary, and introduction of digital signature for large alue payments.

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    12

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    $able 7-Bank roup !ise $echnology %elated Frauds

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    Source- BIS central bankers; speeches

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      4/ related fraud

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    4/ 94no! our /ustomer: is a frame!ork for banks !hichenables them to kno! H understand the customers and their

    financial dealings to be able to sere them better.

    %BI has adised banks to make the 4/ procedures

    mandatory !hile opening and operating the accounts.

    Issued the 4/ guidelines under section 58 9: of the banking

    regulation act, (E7E.

    For this purpose, the fraudsters generally use deposit accounts

    in banks !ith la# 4/ drills.

    $herefore, customers to guard against such temptations for

    easy money but should also ensure that deposit accounts

    maintained !ith them are fully 4/ compliant.

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    $hey proide an essential part of sound risk management

    system 9basis for identifying, limiting and controlling risk

    e#posures in assets liabilities.+ key elements of KC !olicies

       customer acceptance policy

       customer identification procedures

       monitoring of transactions   risk management

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    Frauds in banks; adances portfolio

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    Frauds related to the adances portfolio accounts for the largest  Share of the total amount inoled in frauds in the banking

    sector. 9Inoling amount of %s. 8> crore and aboe:

    nother point that public sector banks account for a substantial

    chunk of the total amount inoled in such cases.  'eclaration of frauds by arious banks in cases of consortiumH

    multiple financing !e hae on occasions obsered more than (+– 

    (8 months lag in declaration.

    $he large alue adance related frauds, !hich pose a significantchallenge to all stakeholders, are mainly concentrated in the

     public sector banks.

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    1a&ority of the credit related frauds are on account of deficientappraisal system, poor post disbursement superision and

    inade?uate.

    %esere bank has also adised banks to audit periodically so

    that cases of multiple financing may be detected in the initial

    stages itself.

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    $able 7- Bank roup !ise dance %elated Frauds

    %s. ( /rore aboe in alue

    18

    Source- BIS central bankers; speeches

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    /ase (

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    'ate of 'etection- >8H>5H+>(+

     ame of the Branch- 'huri Branch, State Bank of Catiala.

    mount inoled in %s- *.)8 crores

    Brief facts of the case- $he branch had financed agriculture business.

    /ash /redit limits to 58+) sugar cane gro!ers under tie up

    arrangement !ith 1Hs Bag!anpura Sugar 1ills, !ho stood as a

    guarantor.

    s per the tie up arrangement the antecedents of the borro!ers !ere

    to be erified by the company.

    only ((*< borro!ers !ere resident of the illages and they !ere

    found to be agricultural labourers not cane gro!ers.

     

    Source- Banking 'iision, 1inistry of Finance, e! 'elhi.

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    /ase +

    20

    'ate of 'etection- >5H>+H+>((  ame of the Branch- haryala, Cun&ab ational Bank 

    mount inoled in %s- (.(7 crores

    Brief facts of the case- $he manager along !ith shri gurmeet

    singh, and clerk in collusion !ith a group of persons in the areamisappropriated Bank"s funds.

    housing loans, on fabricated H fictitious reenue record,

    disbursed fictitious loans under small business H transport H dairy

    !ithout creating any security as a conduit to siphonAoff the funds 

    Source- Banking 'iision, 1inistry of Finance, e! 'elhi

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    $able )-ear !ise details of fraud cases closed

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    Source- BIS central bankers; speeches

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    %eporting of frauds to %BI

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      'raus involving amounts of less than s -. lakh" less than %s (.>> lakh are not to be reported indiidually to the

    %BI.

      Statistical data in respect of such frauds should, be

    submitted to %BI in a ?uarterly statement.'raus involving amounts of s -. lakh an a/ove /ut

    less than s 01. lakh"

    Frauds inoling amounts of %s(.>> lakh and aboe but less than

    %s +8.>> lakh should be reported to the regional office of urban banks department of %BI .

    In the format gien in F1%A(, and !ithin three !eeks from the

    date of detection.

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    'raus involving amounts of s 01. lakh an a/ove -

    frauds inoling amounts of %s +8.>> lakh and aboe should

     be reported to central frauds monitoring cell, department of banking superision, %BI.

    copy of F1%A( should also be submitted to the regional

    office of urban banks department of %BI.

    In addition banks may report the fraud by means of '.0. 3etteraddressed to the principal chief general manager of the

    department of banking superision, %BI, central office.

    $he letter may contain brief particulars of the fraud.

     3etter should also be endorsed to the regional office of urban banks department of %BI under the bank"s branch.

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    2#pectations of the superisor 

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    %BI has clearly indicated that fraud risk management, fraud

    monitoring and fraud inestigation function must be o!ned

     by the bank;s /20, audit committee of the board.

    In respect large alue frauds, the special committee of the

     board are /1's, /20s, audit committee and the special

    committee eoling robust fraud risk management systems.

    $hey are responsible for effectie inestigation of fraud

    cases and accurate reporting to appropriate regulatory and

    la! enforcement authorities.

      $op management puts in place targeted fraud a!areness

    training for its employees focusing on preention and

    detection of fraud.

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    udit systems prealent in banks hae not proed effectie in

    detecting fraud cases.

    Croiding indiiduals a means to report suspicious actiity is a

    critical part of an antiAfraud program.

    system of protected disclosure scheme has been eoled!hich is regulated by /J/ in case of public sector banks.

     %BI in case of priate and foreign banks.

    $ bl < B k i f d d

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    $able (5

    26

    Source- BIS central bankers; speeches

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      /IBI3

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    It is a company of checking the credit history.

    Fraudulent borro!ers could still seek credit from the

     banking system een after defrauding one bank.

    Worth!hile to consider setting up a fraud registry on the

    lines of credit information bureau.

    .

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    Document

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    /onclusion

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    $he impact of frauds on entities like banks, and the economic

    cost of frauds can be huge in terms of likely disruption in the!orking of the markets, financial institutions, and the payment

    system. Besides, frauds can hae a potentially debilitating

    effect on confidence in the banking system and may damage

    the integrity and stability of the economy. It can bring do!n banks, undermine the central bank;s superisory role and een

    create social unrest, discontent and political upheaals. $he

    ulnerability of banks to fraud has been heightened by

    technological adancements in recent times.

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    %eference

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    Inaugural address by 'r 4 / /hakrabarty, deputy goernor of

    the resere bank of India, during the national conference on

    financial fraud organised by SS0/K1, ne! 'elhi, +< =uly

    +>(5.

    BIS central bankers; speeches.

    /F2 (ssociation of /ertified Fraud 2#aminers; ssociation

    of /ertified Fraud 2#aminers’)

    Banking 'iision, 1inistry of Finance, e! 'elhi

    Int. =ournal of Business Science and pplied 1anagement HBusinessAandA1anagement.org

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    $hank youL