SATYAM FRAUD: EMERGING ISSUES
Dr. Ashwani Mahajan
Satyam Computers has been one of the major contributor to IT revolution is India. Till now a company which had been fourth largest Software Company of India came to ground on January 7, 2008 with its chairman Ramalinga Raju conceding that he has systematically fudged the accounts of the company. Cash and bank balance as reflected in the accounts, actually does not exist. According to a rough estimate total fraud is to the tune of around 8000 crores.
Keeping in view the interest of the investors, employees and the IT sector at large, government recently reconstituted the board of Satyam Computers, with a view to control the damage. It has even decided to give away a package to revitalize the company starving of funds to even pay the salary of its 51000 employees.
When this fraud was brought to light by Satyam’s chairman himself, the price of the share tumbled by about 80 per cent in a day. In the international market, price of its ADR depreciated by 90 per cent and its trading was forbidden forthwith. Government has even ordered an enquiry into the affairs of 8 group companies of Satyam. SEBI, Company Law Board and Institute of Chartered Accountants of India have also initiated their enquiries on their own.. But this is a fact that shareholders net worth has been eroded by thousands of crores and 51000 of workers are at the verge of losing their livelihood, exchequer and the economy would he at a great loss.
ROLE OF AUDITORS
But real question is much different and pertinent. Satyam fraud may be first of its kind in India, but not the first such fraud of the world, where fraud was given effect by forging the books of accounts. Enron an American company did exactly the same. In that case auditors were named as one of the main culprits. CEO of the company is serving 24 years of imprisonment, but at the same time auditing company Arthur Anderson has lost its existence world over after the incident. In the present scam auditing company is Price Waterhouse Cooper. Experts believe that the company could not have done a fraud of this magnitude without the connivance of the auditors. Price Waterhouse Cooper is also escaping to speak on the issue.
Fact is that when Satyam was fudging its accounts in, the auditing company was certifying these accounts to be correct. Auditor is obliged to minutely inspect each and every transaction of a firm and certify the same to be correct and as per rules. These certified account statements are then sent to the shareholders. Thus we can say that fraud has not been committed by Ramalinga Raju alone, auditing company must also have been fully involved in the same. It is worth noting that Price Waterhouse Cooper, auditing firm of Global Trust Bank (USA) also, is facing legal proceeding in the case of not only certifying fudged accounts of the bank but also giving it a good rating.
ROLE OF SEBI
Constituted under the Act of Parliament, Security Exchange Board of India (SEBI) is a regulatory body of Indian share and bond markets. It is expected from SEBI that no company or broker is allowed to act against the interests of the shareholder. In fact existence of a regulator gives a confidence amongst the stakeholders in that sector. Existence of SEBI naturally gives a confidence to the investors in the share markets. But this regulating agency has failed at various occasions. Thousands of companies vanished eating away lakhs of crores of rupees of investors and SEBI could not do any thing. Sometimes tiny cases of insider trading by companies are investigated by SEBI, fraud of lakhs of crores of rupees gets easily escaped from its scanners. Recently a company made Initial Public Offer (IPO) and lakhs of crores of application money which should have gone to an independent agency went into the accounts of the company and SEBI could not even issue a clarification in this regard.
All or any information regarding all transactions of a company, issue of capital, sale-purchase of shares in either available with SEBI or it could be asked for by it. Then why SEBI could not get a clue about such a big fraud. We should not conclude that fault lies with the officers of SEBI. Perhaps constitution of SEBI as provided by the Act of the Parliament itself forbids SEBI to proactively act against defaulting parties.
Learning lesson from the present case and to avoid repetition of such incidents, there is a need to make government’s audit compulsory for all big private sector companies on lines of public sector companies. We know that strict auditing of public sector companies by Comptroller and Auditor General of India (CAG) has been reason why there has never been any big scam in public sector companies.
Secondly there is a need to examine the constitution and functioning of SEBI and make suitable changes wherever needed to enable SEBI to meaningfully discharge its duty as a regulator in the stock market.
All multinational and Indian auditing companies which are found to be indulged in fraud in any part of the world, should be placed under the scanner and their acts be investigated in India . This world be a proactive step in the interest of the nation at large.

Dear Sir;
The gist of the thing is that Satyam tried to purchase land owned by another company (Maytas) belonging to the son of the Chairman of Satyam, Mr. Raju. In fact the Board of Satyam approved the deal, but some big shareholders raised objections and the deal could not be proceeded with. In the process, the shares of Satyam were mauled - they lost more than 50%. Surprisingly, this deal was approved by the Board in the presence of independent directors. That raised big issues about the corporate governance, and turned the heat on Satyam.
Apparently, this deal was being made to cover up a significant cash shortage that Satyam had. It looks that the idea was to purchase land for about Rs. 6000 crores, and adjust cash shortage of about Rs. 5000 crore. Since the deal did not come through and the share prices went down, the Chairman was caught in a bind. Circumstances forced him to admit his guilt, and the big story came out when he himself wrote a letter to SEBI, Stock exchanges and the Board of Satyam informing them about fudging the accounts. As per him, the company had been fudging the accounts for a 7-8 years now, and had been showing inflated turnover, profit and cash/bank balance. The overstatement of cash/balance was, as per this gentleman, to the extent of more than Rs. 5000 crores. Also, he claimed that he had put his own money (more than Rs 1000 crore) into the company without the same being recorded in the books of the company. Hell broke out, and the markets crashed once again, raising still bigger questions about corporate governance, and the quality of audit by firms like PWC, the statutory auditors of Satyam.
Now, how that can be done with a whole lot of internal and statutory audit by the likes of PWC is beyond me. One can do some things for a few days, and can conceal it. But the kind of operation that Mr. Raju says happened in this case has to necessarily involve the lowest rung of the work force moving upto the top. Keeping it all under a lid for 7-8 years, to me, is not possible. Over a period of 7-8 years, the two partners of PWC alone could not have audited the accounts in person - they would have been assisted by a number of juniors - surely not all of them could have been silenced. I can say this with all the conviction and experience that I have accumulated over my 30+ years of working life. Apparently, the same thoughts have crossed some other minds also. That is the reason that investigations are being made in directions other than what has been stated by Mr. Raju. My personal hunch is that the cash was actually there. It has been taken out in last few months - that is something entirely feasible and easy to do. The issue in that case would be where has the cash gone ? From our experience of Harshad Mehta and Ketan Parekh cases, I think it highly improbable for Government agencies to find that out. The result would be that while the public at large suffers for having invested in this company, Mr. Raju cools his heals in the jail for a few years, spends a few crores for making his life comfortable there and then is released once again to live a peaceful life like a king. Of course, the sundry politicians who have been beneficiaries of the legacies of Mr. Raju are not going to be touched. Another issue that haunts me is why at all did this fellow do it ? As it is, he was leading a much admired company, living happily a gratifying life. What caused all this to happen ? If any of you can think of any reason, please let me know.