Sebi bans Mehul Choksi from capital market for 10 yrs; slaps Rs 5 cr fine for manipulating trades
New Delhi, Oct 31: Sebi on Monday barred fugitive businessman Mehul Choksi from the securities markets for 10 years and imposed a fine of Rs 5 crore on him for indulging in fraudulent trading in the shares of Gitanjali Gems Ltd.
He has been directed to pay the penalty within 45 days, as per the Securities and Exchange Board of India (Sebi) order.
Choksi, who was the chairman and managing director as well as part of promoter group of Gitanjali Gems, is the maternal uncle of Nirav Modi. Both of whom are facing charges of defrauding state-owned Punjab National Bank (PNB) of more than Rs 14,000 crore.
Both Choksi and Modi fled India after the PNB scam came to light in early 2018. While Choksi is said to be in Antigua and Barbuda, Modi is lodged in a British jail and has challenged India's extradition request.
The present proceedings emanate from a common show cause notice issued by Sebi in May 2022 against Choksi pursuant to an investigation by the regulator into the alleged manipulative trading in the scrip of Gitanjali Gems. The regulator conducted an investigation into the trading activities of certain entities in the scrip of the company for the period July 2011 to January 2012.
In its order, Sebi said that Choksi had funded a set of 15 entities known as 'front entities', who were directly or indirectly connected with him and with each other and who had taken position in the scrip of Gitanjali Gems both in the cash and derivative segments during the investigation period. He had used them as front entities for manipulation in the company's scrip.
It was observed that the fund transfers by the company to front entities were to the extent of Rs 77.44 crore, out of which funds to the tune of Rs 13.34 crore were used by front entities to trade in the scrip.
The regulator noted that immediately prior to the investigation period, the shares of Gitanjali Gems, excluding promoter holding and holdings of banks/ financial institutions/ FPIs, available to the general investors was 28.96 per cent for the quarter ended June 2011. This was reduced to 19.71 per cent in the quarter ended September 2011. Subsequently, the shares available to general investors increased to 25.36 per cent post the investigation period.
This indicates that Choksi, through front entities, tried to corner the shares available in the market during the investigation period to reduce the shares available for general investors which subsequently increased after the front entities sold the shares in the market. Further, the front entities cornered the position limits in the scrip of Gitanjali Gems by building up substantially large position in the derivatives segment.
"I find that the above mentioned findings coupled with the noticee's (Mehul C Choksi) failure to rebut the said findings, clearly establishes the noticee's role in creation of false and misleading appearance of trading in the scrip of GGL by using and funding the front entities in executing manipulated trades.
"I thus find that the noticee has violated the provisions of... PFUTP (Prohibition of Fraudulent and Unfair Trade Practices (PFUTP) Regulations," Sebi Whole Time Member Ashwani Bhatia said in his 20-page order.
Accordingly, the regulator has restrained Choksi "from buying, selling or otherwise dealing in securities, directly or indirectly, in any manner whatsoever and is further prohibited from accessing the securities market, for a period of ten years ... and the noticee shall pay a monetary penalty of Rs 5 crore."
In February this year, Sebi had prohibited Choksi from the securities markets for one year and levied a fine of Rs 1.5 crore on him for violating insider trading rules in the matter of Gitanjali Gems.
In February 2020, the regulator slapped a total fine of Rs 5 crore on Choksi, Gitanjali Gems and another individual for violating various regulations, including listing norms, in connection with the massive fraud on PNB.
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MVA to keep all its newly-elected MLAs under one roof after poll results: Sanjay Raut
Mumbai (PTI): The Maha Vikas Aghadi constituents have decided to house all its newly-elected MLAs together in Mumbai after the Maharashtra election results, Shiv Sena (UBT) leader Sanjay Raut said on Friday, a move aimed at preventing poaching ahead of government formation.
Talking to reporters here, Raut said MVA leaders, including himself, his party colleague Anil Desai, NCP (SP) state president Jayant Patil and Congress leaders Satej Patil and Balasaheb Thorat met on Thursday and carried out an assessment of every seat.
"We have decided to bring all newly-elected MLAs to Mumbai. New MLAs have no provision to stay in Mumbai. So we have decided to make their residential arrangements together," he said.
The counting of votes for the November 20 Maharashtra assembly polls will take place on Saturday.
Raut expressed confidence that the MVA would win 160 seats in the elections.
Some independents, who have strong chances of victory, have expressed their desire to support the opposition bloc, the Rajya Sabha member said.
"There is no formula for the CM's post. Everyone will choose the leader of the government," Raut said.
Senior Congress leaders have to come to Mumbai with a mandate on the CM's post as NCP (SP) president Sharad Pawar and Shiv Sena (UBT) chief Uddhav Thackeray are in Mumbai.
He also asserted that no power can stop the MVA from forming the next government in Maharashtra and that the decision on the top post will be taken only in Maharashtra.
Fissures have emerged within the opposition MVA as well as the ruling Mahayuti on who will head the next government with constituents in both camps laying claim over the chief minister's post. While state Congress chief Nana Patole asserted that a MVA government will be formed in Maharashtra under the leadership of his party, Raut on Thursday insisted the CM face will be decided by all alliance partners jointly.
Raut expressed fear that the BJP will try to obstruct the MVA through the governor's office in forming the government despite the opposition having the majority.
"We will take a decision without any delay, or else BJP will try to snatch power ruthlessly," hesaid.
The term of the Maharashtra legislative assembly ends on November 26. The opposition fears that President's rule could be imposed in the state if a new government is not formed till then.
