To
investigate corporate frauds of serious and complex nature the Government has
set up a Serious Fraud Investigation Office (SFIO). The SFIO established vide
Government of India’s Resolution No. 45011/16/2003-Admn-I dated 02-07-2003, has
been notified under sub-section (1) of Section 211 of the Companies Act, 2013,
vide Government of India, Gazette Notification S.O. 2005(E) dated 21.07.2015.
Details of investigations completed and
prosecutions/petitions in Company Law Board filed (including in respect of
investigations completed in earlier years) by SFIO during the period of last
three years and the current year (up to 31-12-2015), are as under:
|
Year
|
Number of investigations completed
|
Prosecutions filed
|
|
2012-13
|
22
|
45
|
|
2013-14
|
22
|
89
|
|
2014-15
|
39
|
61
|
|
2015-16
(up to 31-12-2015)
|
39
|
44
|
The
nature of frauds detected involve:-
(i) Falsification
of financial statements through inflated sales, overstatement of assets and
understatement of liabilities;
(ii) Collection
of deposits by companies under the guise of real estate, chit fund, etc. by
alluring small investors with astronomical returns within short time without
meeting the promises;
(iii) Fraudulent
transactions;
(iv) Manipulation
through related party transactions;
(v) Siphoning
off and diversion of funds generated through various sources.
Government
has taken a number of measures to curb and prevent corporate frauds, which
include;
(i)
Declaring
‘Fraud’ as a substantive offence has been introduced in the Companies Act,
2013.
(ii)
Statutory
status to the Serious Fraud Investigation Office has been granted under the
Companies Act, 2013.
(iii) Stricter
norms of Corporate Governance and their implementation under the Companies Act,
2013.
(iv) Increasing
application of technology for early detection of frauds through data analysis,
surveillance and usage of forensic tools, etc.
This was stated by Shri Arun Jaitley,
Minister of Corporate Affairs in written reply to a question in the Rajya Sabha
today.
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DSM/KA