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Demystifying White Collar Crimes: Identifying Corporate Frauds & Understanding the Legal Regime

 

In recent years many corporate frauds have rocked the country. Satyam, IL&FS, PNB, DFHL, Fortis, Amrapali to name a few.

A corporate fraud occurs when a company or an entity deliberately changes and conceals sensitive information which then apparently makes it look healthier. Companies adopt various modus-operandi, which may include misinformation in the prospectus, manipulation of accounting records, debt hiding etc. The aspect of falsification of financial information includes false accounting entries, false trades for inflation of profits, disclosure of price sensitive information and showing false transactions which result in attracting more investors and lenders for funding. Corporate Fraud is done knowingly, with the intent to gain an advantage!

As commercial transactions become more complex, the nature of frauds has become very hard to detect. The advancement of technology and scientific development is contributing to the emergence of mass society with a large rank in file and a small controlling elite, encouraging the growth of monopolies, the rise of a managerial class and intricate institutional mechanisms. Historically, frauds were industry specific but today financial frauds esp. have become the greatest menace and are all pervasive. In response, the Indian regulatory regime has evolved to deal with frauds, as it witnessed some big ticket scams like the Satyam fiasco and the recent IL&FS misrepresentation fallout.

It is therefore imperative for a Legal professional to know the characteristics of new age commercial fraud. It is important that he knows when to react and what to look out for when he approaches any industry.

This session will help the professionals understand the modalities of the regulations for corporate frauds. The participants will be able to distinguish how the corporation is used to commit frauds.

COURSE OUTCOME

 
 

The session will inter alia deal with the following issues:

  • Corporate Fraud : An epidemic or pandemic; A Statistical View
  • Dimensions of Fraud
  • Changing dynamics - Fraud and Corporate fraud
  • Draft Legislation- The Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001
  • SEBI (Prohibition of Fraudulent and Unfair Trade Practices) 2003
  • The Companies Act, 2013 and Auditors duties
  • Serious Fraud Investigation Office (SFIO)
  • Fugitive Economic Offenders Act 2018
  • Modus operandi - The IL&FS case
  • Arbitrability of fraud
  • Fraud, a case for winding up

COURSE OUTLINE

 
 
  • Module 1 – The White Collar Crime Theory

WHO SHOULD TAKE THIS COURSE

  • Legal Consultants and Advisors
  • Lawyers
  • Law Students and Researchers
  • Other stakeholders interested in Alternative
    Dispute Resolution Mechanisms
    You do not have to be a lawyer or doctor to take this course

Level: Beginner

Language : English

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