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Bank Frauds:
Basics and Investigation
Banks are an essential part of the Indian
economy. While the primary
responsibility for preventing fraud lies with banks themselves. Banks dealing with the public's money: due care
and diligence. The RBI advisory to banks
for the prevention of fraud.
i. Fraud can
loosely be defined as “any behavior by which one person intends to gain a
dishonest advantage over another“ fraud, under section 17 of the Indian
contract act, 1872,
ii.RBI
has defined the term “fraud” in its guidelines on
frauds which reads as under. “A
deliberate act of omission or commission by any person, carried out in the
course of a banking transaction or in the books of accounts maintained manually
or under computer system in banks, resulting into wrongful gain to any person
for A temporary period or otherwise, with or without any monetary loss to the
bank”. Iii.Account opening fraud: this involves a deposit and cashing
of fraudulent cheques. Cheque kiting: is
a method whereby a depositor utilizes the time required for cheques to dear to
obtain an unauthorized loan without any interest charge. Cheque fraud: The most common causes of this kind
of fraud are} through stolen cheques and forged signatures. Counterfeit securities: documents,
securities, bonds and} certificate could be forged, duplicated, adjusted or altered and
presented for loan collection.
iv.Computer fraud: hacking,
tampering with a diskette} to gain access to unauthorized areas and give credit to an account
for which the funds were not originally intended. Loan fraud: when funds are lent to a
non-borrowing} customer or a borrowing customer that has exceeded his credit
limit. Money laundering fraud: this is a
means to conceal} the existence, source or use of illegally obtained money by converting
the cash into untraceable transactions in banks.
v.Letters
of Credit: Most common in international} trading,
these are instruments used across borders ads can be forged, altered, adjusted
and take longer to identify.
vi.lAdvanced
Fees Fraud: Popularly known as „419‟,} advanced
fees fraud may involve agents with an offer of a business proposition which would lead to access often for the long term.
vii.Frauds
in banks’ advances portfolio: Frauds related to the advances portfolio
accounts for the largest share of the total amount involved in frauds in the
banking sector.
viii. Another point that public sector
banks account for a substantial chunk of the total amount involved in such
cases.
ix.Declaration of fraud by various banks
in cases of consortium multiple financing we have on occasions observed more
than 12– 15 months lag in declaration.
The large value advance related frauds, which pose a significant
challenge to all stakeholders, are mainly concentrated in the public sector
banks.
x.Majority
of the credit related frauds are on account of deficient appraisal system, poor
post disbursement supervision and inadequate.
xi. Reserve Bank has also advised banks to audit periodically so that cases of multiple
financing may be detected in the initial stages itself.
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