There's never just one cockroach or ....
T N Ninan: How many bad eggs? |
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The Satyam scam isn't an accident; it has to do with broader, systemic failures |
T N Ninan / New Delhi January 17, 2009, 0:43 IST |
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The
terrorist attacks on Mumbai in November and in past years have showed
up the weaknesses of India’s internal security system, but also laid
bare the fact that security failures are linked inextricably to broader
issues of governance and corruption (policemen who allow the smuggling
of commercial contraband also allow RDX to come in). In the same way,
the Satyam scandal points to the dirty underbelly of India’s corporate
world, and of its regulatory and legal framework. The fact is that
Satyam would not have happened without the failures of the company’s
independent directors, auditors and bankers, not to mention senior
executives not linked to the guilty promoters. Such broad-based
failures do not come together by accident; they have to be pointers to
broader, systemic failures.
In the Satyam case itself, the valuation of one of the Maytas firms
for purposes of the aborted merger was done by a leading accounting
firm on the promise of secrecy—an unheard of procedure that the
independent directors accepted without demur. Evidence of broader
systemic problems has also surfaced, with news reports pointing to the
pathetic record so far of the Serious Fraud Investigation Office
(virtually no convictions till date) and of the Institute of Chartered
Accounts of India (which has a poor record of penalising guilty
accountants, and has not yet taken action in the auditing case
involving Global Trust Bank, despite the lapse of four years).
There is a spreading consciousness that we are faced with a
broad-based problem. I have been getting messages on my phone from
different people which, whether true or not, suggest that the senders
believe there are many more scams aboard. One talks of a Rs 900 crore
accounting fudge in a public sector power company, another talks of the
Indian subsidiary of a global giant dealing shabbily with minority
shareholders in a downstream subsidiary, and a third talks of scams
involving two large Indian groups. Whether true or not, the fact that
people are sending such messages points to a new level of credulity
when it comes to such allegations, and this belief in a scam-tainted
India Inc seems to have spread overseas. People in the financial world
recount episodes where overseas companies have overnight walked out of
deals because they don’t think they can trust the accounts of the
companies they want to invest in. Others point out that some credit
rating agencies have still to downgrade leading real estate companies
which everyone accepts are financially stretched.
Then there is our columnist Sunita Narain recounting in her column
yesterday how leading accounting firms have brazenly fudged the
calculation of carbon credits. The media too is being asked to look
inward: the editor of a financial magazine has just walked out,
alleging the rigging of an award in order to please an advertiser
(presumably in order to earn more ad revenue).
Everyone knows that business is not a morality play. There are
always good and bad eggs. The question is, what is the mixture, and is
it palatable? When the World Bank is pointing fingers at even marquee
corporate names, does anyone recall that Transparency International
polled international businessmen to come up with the finding that
Indian businessmen are the No. 1 bribe-payers abroad?
We can respond to a scandal by brushing uncomfortable questions
under the carpet, and hope that business can go on as usual. But that
would be the worst possible way to deal with the problem. If we want to
clean up rather than simply wait for the next scandal to erupt, we had
better start looking for systemic correctives.
Edited by Hitesh Shah - 17/Jan/2009 at 8:23pm