A study on top white-collar crimes in India

white collar crimes » A study on top white-collar crimes in India

What is a White-Collar Crime?

Though white-collar crimes are non-violent yet they can impact creating economic instability in a country. The rich and elite class commit this crime with pre-planning and financial motives in mind. In the year 2019, 3766 white-collar frauds were detected in India. And to prevent your organization from such crimes, you need to hire an expert law agency such as Lex Solutions.

To understand the severity of these crimes and the importance of financial lawyers, it is essential to look at some popular cases of white-collar crime in India.

Defining White-Collar Crime

The term white-collar has become synonymous with 21st-century lingo and is especially popular among people looking to carve a space among the upper echelons of society. While a large portion of the Indian diaspora vies for much-coveted ‘white-collar’ jobs, they are unaware of this term’s meaning. Ironically, the term white-collar has a dark side- It was coined in 1939 by Sociologist Edwin Sutherland and is associated with more than just top berths in the bureaucracy and among the crème-de-la-crème of society.

What is the characteristic of white-collar crime?

‘White-Collar’ is also associated with crimes of a financial and non-violent nature, committed by individuals or companies.
White-Collar Crimes are usually committed by people from a financially sound background and enviable social status, such as businessmen, bureaucrats, venture capitalists, celebrities, etc. As per Investopedia, ‘white-collar crimes have the power to enrich their perpetrators financially.’
They employ deception to conceal other criminal conduct, acquire money, property, or any other gain.

White collar crime in India case study

It is essential to look at some famous white-collar crime cases in India to understand the severity of white-collar crimes and the importance of financial lawyers.

Also Read: What is White-collar crime?

Sukesh Chandrasekhar Fraud

Conman Sukesh Chandrasekhar made headlines for his ostentatiously expensive lifestyle, thanks to the serial con gigs he undertook. A school dropout, Sukesh voiced different government officials, including incumbent home minister Amit Shah, to swindle millions out of unsuspecting parties. His name was also associated with Bollywood stars Jacqueline Fernandes and Nora Fatehi, who he showered with expensive cars, luxury bags and even premium racehorses!

In recent news, Sukesh admittedly helped AIADMK deputy general secretary TTV Dhinakaran secure a favourable position with the election commission. The Delhi Police Crime Branch first arrested Sukesh and Dhinakaran in 2017 in the election commission bribery case, and the probe is still underway. Reportedly, Sukesh has conned at least 200 crore rupees out of several unsuspecting victims while lodged in Delhi’s Tihar Jail- This includes Aditi Singh, wife of Fortis healthcare promoter Shivinder Singh who was also in jail over money laundering charges. Easily, Sukesh is one of the many scions of white-collar crimes in India.

Satyam Scandal

The Satyam scandal came to light most dramatically and is easily one of the biggest accounting frauds in this country. Satyam Computers’ B Ramalingam Raju confessed to cooking his books in a testimonial published in the Times of India in 2009. As per Lego desk, the 14000-crore scam contributed to the crippling recession of 2009. SEBI cracked down on Raju and his accomplices, holding them accountable for financial fraud, insider trading and other major financial scams. As per a Lego Desk report, SEBI ordered the accused to dish out 3000 crore rupees in 45 days and debarred them from accessing security markets for 14 years.

Saradha Chit Fund Case

Hundreds from the lower-income bracket died by suicide after this scam came to light. Saradha Chit fund was a Ponzi scheme that circulated as a chit fund in Bengal- thus earning the nickname ‘Bonzi’. As per a Trade Brains report, Mastermind Sudipto Sen lured rural investors into this scheme by offering sky-high returns and adding a sprinkle of religion through ‘Saradha’- Sarada Devi was the wife of one of Bengal’s most revered saints, Ramakrishna Paramahansa.

The group collected a whopping 300 billion rupees from a million investors before collapsing. Moreover, the group was endorsed on top platforms by some of the film fraternity’s most credulous actors. Sen used the money to fund regional films, buy local football teams, and several TV news channels.

Sen paid hefty sums to political heavyweights to stifle the voices of affected investors. Saradha continued to create shell companies to distract SBI from its investigation- Over 200 companies were created in this process. Several actions were taken against Sen and his associates- for instance, SEBI barred them from the securities market till all refunds were made.

After confessing his crimes to the CBI, Sen fled, post which a series of FIRs were filed against him.CM Mamata Banerjee created a 70-million-dollar relief fund for affected low-income depositors and an SIT to probe the matter continuously. As of 2021, and as per Trade Brains, Sen has 98 cases pending against him and has already spent over seven years in jail.

Harshad Mehta Scam

The Harshad Mehta Scam is the most prominent out of all given white-collar crime examples. ‘Scam 1992’ has immortalized the life and times of Bombay’s most prominent businessman and stockbroker, Harshad Mehta. Mehta was a big name in the trading circles of Mumbai and was known to manipulate stock prices, causing a massive rise in share prices. As per Lego Desk, Mehta earned slightly more than 5000 crore rupees through his manipulation tactics.

Renowned financial journalist Sucheta Dalal finally exposed the scam through her stellar investigative work. However, Mehta’s act was more immoral than illegal, as he took advantage of existing systemic loopholes. After this scam came to light, SEBI famously changed market rules and regulations. As per Lego Desk, Mehta’s tactics caused panic selling in the market, which in turn caused the market to lose a whopping $0.1 million each day.

Also Read: Lex Solutions – Your One Stop Destination for All Things Legal

White collar crime punishment

For committing fraud– According to section 447 of the Companies Act of 2013, a person convicted of a fraud offense faces a minimum 6-month sentence and a maximum 10-year sentence in jail.
False statement penalties: According to the Companies Act of 2013, Section 448, a person who knowingly makes a false statement will be held accountable for their wrongdoing.
For false evidence: According to the Companies Act of 2013, section 449, if someone presents false evidence the court, both imprisonment and a fine will be used to punish him. The minimum sentence of 3 years, the maximum of 7 years, and the maximum fine of 10 lakh rupees are all possible.

How to prevent white collar crime

Instill business ethics in your employees- Employ people who know of work ethics and moral behaviour. And also make the employees understand the repercussions they will have to face if they break corporate ethics.
Establish a monitoring system in the organization- Install security systems such as cameras, and motion sensors in your organization to keep surveillance of employees.
Consult a corporate crime lawyer- Hiring a top-notch white collar firm that fights the cases against the white collar crimes such as Lex Solutions can help your company safeguard itself from white-collar crimes. The lawyers will also suggest you take the appropriate legal action for you in case of any employee commits any corporate crime.
Regulate Internet usage and install cyber protection- Most white-collar crimes are committed online. Hence, you should prohibit employees’ access to problematic websites. And install cyber security software to save your important data from hackers.

Also Read: Types Of White-Collar Crimes And How To Prevent Them

Conclusion

These were some of the top case studies from the world of white-collar crimes. They give deep insight into what are white-collar crimes and how can white-collar crime be prevented? And if you need any consultation or want to hire a corporate crime lawyer for your organization, feel free to connect with Lex Solutions.

Frequently Asked Questions

What is white collar crime criminology?

People commit white collar crimes due to greed for money, loopholes in the rules & regulations of the organization/legal system, lack of accountability, lack of economic instability and technological and industrial development, etc.

What is blue collar vs white-collar crime?

The major difference between these crimes is the social strata of criminals. Blue-collar crimes are committed by people coming from lower strata who commit criminal activities such as robbery, murder, sexual assault, etc. Whereas White collar crimes are committed by influential classes of society who commit financially driven crimes.

What are examples of white collar crime in medical profession?

Helping in illegal abortions, false medical certificates, and producing fraudulent medications are certain examples of white collar crime.

What can be the remedies for white collar crime cases in India?

several corrective actions that should be taken in response to white-collar crimes in India are-

The Indian Penal Code should have a separate chapter for white-collar crime.
Establishment of special tribunals with the authority to impose severe punishments and fines in cases of white-collar offenses.
Creating awareness among the public for white-collar crimes through the press, social media, newspapers, etc.

What is white collar crime sociology in India?

It is a nonviolent crime that is frequently characterized by deception or concealment in order to get or prevent losing money or property, or to gain a competitive advantage for oneself or a company.

According to estimates, 65% of people living in urban areas around the world are tenants. This is also true in India due to the sky-high prices of real estate in the major cities and the large population of migrant workers who live there. Nevertheless, living as a renter can be a peaceful arrangement, but occasionally there are situations where one can run into rental problems and other connected issues, such as receiving an unauthorized eviction notice or the erratic behaviour of the landlord.

Are you, however, a renter who is experiencing such problems or simply curious about what to do if you ever find yourself in a similar situation? In that case, allow us to help you through this blog, which will briefly discuss about the several protections against landowner harassment.

What does illegal eviction of tenants mean?

An illegal eviction, also known as an unlawful termination of tenancy, typically happens when a landowner forbids a tenant from entering a rental property or removes the tenant’s belongings from the property through the use of force, intimidation, or other methods (such as cutting off utilities or changing the locks). However, if the landowners evict you without taking the proper legal action, they are breaking the law.

How Do You Respond When Your Landlord Forcibly Evicts You?

Almost every state has rental control legislation pertaining to tenant protection, and each state has established specific circumstances for which the landlord may lawfully evict the renter. Additionally, a tenant has a legal right under the law to appear in court and defend himself against unlawful eviction, and some of those accessible remedies for tenants are discussed below:

Grounds for eviction

Non-payment of rent, breach of the lease, property damage, and illegal activity are the most typical grounds for evicting a renter. The tenant must therefore review the provisions of the State Rent Control Act to ascertain the grounds for eviction specified in the Act. In addition, if the tenant is being evicted for any reason other than those specified in the Act—which is considered wrongful eviction—they must seek the help of an eviction lawyer and the enforcement agencies to halt this.

Suit for injunction

A renter might be unable to leave a property when asked to do so for a number of reasons, such as having a medical emergency or having his elderly parents live with him. When this happens, the tenant has the option to file a case in the appropriate court to obtain an injunction that will prevent them from being evicted for any other grounds (other than those listed in the State’s Rent Act). Along with the assistance of housing rental lawyers, the renter should take this action, if they are violently evicted without providing them with adequate notice.

Rent Controller

In the event that the tenant receives a notice of eviction on pretences, they should go see the rent controller of the relevant jurisdiction and explain why they believe the notice of eviction is invalid. Additionally, following the tenant eviction laws, the court will summon the tenant, who will then be forced to submit his or her case and the arguments supporting the necessary evidence.

Notice of rent payment

If the landowner claims that he has not received the required rent and lists this as the reason for serving the notice of eviction, the tenant may legitimately ask him or her to send the information to his bank account so that he can conduct the transaction and deposit the outstanding rent. Moreover, after agreeing to it, the landowner must give the tenant the information within 10 days of the date they received the notice.

Also Read: Lex Solutions – Your One-Stop Destination For All Things Legal

Steps that you must follow to legally evict a tenant in India

Because eviction laws differ from state to state, the following are typical recommendations for evicting a renter. Nevertheless, you can contact the tenants lawyer of Lex Solutions if you need any assistance.

Serve the Tenant With a Termination Notice

The tenancy must be terminated before a landlord can evict a tenant for cause, and the landowner shall provide the tenant with the required notice before taking legal action to do so. Three different kinds of termination notices are generally available:

Pay Rent or Quit: The tenant is required to pay the rent within a predetermined period (often three to five days) or leave the rented property.
Cure or Quit: A breach of the rental agreement or lease must be remedied by the tenant within a set amount of time.
Unconditional Quit: Without a chance to correct the offense or pay the rent, the tenant must leave the property.

But to evict a tenant without good reason, the landlord must give the renter a 30- or 60-day notice to leave the premises.

File an Eviction Lawsuit

If the renter does not correct the issue or quit the property within the allotted time, the landowner must initiate an unlawful detainer case in small claims court. Following this, landlords have the right to evict tenants by serving a legal notice to tenants to vacate their premises.

Wait for the Tenant’s Answer

Within the time frame given on the summons, the tenant may “answer” the complaint. The renter may, however, use the response to refute the charges or present a defence. And, for instance, a tenant might claim that the eviction was carried out in retaliation or that the unpaid rent was used to pay for repairs the landlord refused to undertake.

Receive a Judgment for Possession

A default judgment is granted to the landowner if the tenant ignores the eviction notice India. Moreover, the landowner is entitled to take ownership of the property if the renter replies with an answer but the court rules in his or her favor.

Remove the Tenant

Despite having the right to reclaim the property, the landlord is unable to evict a renter without the help of a law enforcement official. Nevertheless, the tenant will be informed of the legal eviction and the number of days they have to leave once such an official receives the judgment and the cost. Moreover, the law enforcement authority may physically evict the tenant if they don’t leave the property in the allotted period.

Also Read: Introduction To The Indian Judicial System And Court Hierarchy

Summing Up

Now that you are aware of the characteristics of evictions and how to deal with them in a nation like India, you must use them as needed. Additionally, as a landowner, you must evict a problematic renter per the law. And, to ensure that you are acting legally, consult a local landlord-tenant law attorney in your area. For such assistance, a legal firm in Chandigarh, lexsolution can offer you a one-stop solution.

FAQs

Can a tenant seek an injunction against the landlord?

According to the state rental rules present in India, a tenant does not have the right to issue an injunction against the landlord. Moreover, injunction procedures are always discretionary, and a court of law cannot grant a perpetual injunction in favour of the plaintiff against the right owner if the plaintiff is only a trespasser.

Can police evict a tenant in India?

Even if the renters behave disrespectfully, the police cannot assist in reclaiming the property. However, the only court with the authority to order the eviction of a tenant is the court of the rent controller under whose jurisdiction the property is located.

When a tenant can get the benefit of protection against eviction?

If the tenant can show that the landlord gave his written approval to the subtenant, he is entitled to protection from eviction. Additionally, it disallows any other consent, including implied or oral permission.