FRAUD –CLASSIFICATION AND REPORTING
Classification of Frauds
Frauds are classified, mainly on the basis of the provisions of Indian Penal Code (IPC), as under:-
a) Misappropriation and criminal breach of trust.
b) Fraudulent encashment through forged instruments, manipulation of books of account or through fictitious accounts and conversion of property.
c) Unauthorized credit facilities extended for reward or for illegal gratification.
d) Negligence and cash shortages.
e) Cheating and forgery.
f) Irregularities in foreign exchange transactions.
g) Any other type of fraud not coming under the specific heads as above.
Cases of 'negligence and cash shortages' and ‘irregularities in foreign exchange transactions’ (d & f) are to be reported as fraud if the intention to cheat/defraud is suspected/ proved.
Cases such as:-
a) Cases of cash shortage more than Rs. 10,000/-, and
b) Cases of cash shortage more than Rs.5,000/- if detected by management / auditor/ inspecting officer and not reported on the day of occurrence by the persons handling cash. where fraudulent intention is not suspected/proved at the time of detection will be treated as fraud.
Reporting of Fraud to RBI (FMR-1)
Banks need not furnish FMR-1 return in fraud cases involving amount below Rs. 1.00 Lakh to RBI in either hard or soft copy.
Frauds involving Rs. 1 lakh and above
Frauds committed by unscrupulous borrowers
Such frauds include:-
Banks are supposed to exercise due diligence while appraising the credit needs of unscrupulous borrowers, borrower companies, partnership/ proprietorship concerns and their directors, partners and proprietors, etc. as also their associates who have defrauded the banks.
Besides the borrower fraudsters, other third parties such as builders, vehicle/tractor dealers, warehouse/cold storage owners, etc. and professionals are also to be held accountable if they have played a vital role in credit sanction/disbursement or facilitated the perpetration frauds. Banks are required to report to Indian Banks Association (IBA) the details of such third parties involved in frauds.
Frauds in borrowal accounts having multiple banking arrangements (MBA)
Frauds involving Rs. 100.00 lakh and above
Banks are required to report frauds involving Rs. 100 Lakh and above to Central Office, RBI, by way of D.O. letter giving the details such as amount involved, nature of fraud, modus operandi in brief, name of the branch/office, parties involved, etc. within a week of notice of the fraud at the bank’s H.O. duly marking copy to R.O., RBI under whose jurisdiction the bank’s branch, where the fraud has been perpetrated, is functioning.
Cases of attempted fraud
The existing system of reporting of attempted frauds involving likely loss of Rs. 100 Lakh or more to Fraud Monetary Cell, Deptt. Of Banking Supervision, RBI, within 2 weeks of banks coming to know that the attempt to defraud the bank had failed or was foiled has been dispensed with w.e.f. 15.11.12. However, banks are required to continue to place such individual cases before Audit Committee of respective boards with full details such as modus operandi of the attempted fraud, measures taken by the bank, etc. for information/review.
Quarterly Returns
Report on frauds outstanding
Closure of fraud cases
a) CBI/Police/Court have finally disposed of;
b) Staff accountability has been examined/ completed;
c) The amount of fraud has been recovered or written off.
d) Insurance claim wherever applicable has been settled.
e) Bank has reviewed the systems and procedures taken steps to avoid recurrence;
f) Banks should also pursue vigorously with CBI for final disposal of pending fraud cases especially where the banks have completed staff side action, etc.
Progress Reports on Frauds (FMR-3)
Banks are required to submit case-wise quarterly progress reports on frauds involving Rs. 1.00 lakh and above (including cases where there are no developments) in the format given in FMR - 3 to the Central Office of RBI, as well as the concerned Regional Office of the RBI within 15 days of the end of the quarter to which they relate.
Reports to the Board
Reporting of fraud
Banks need to ensure that all frauds of Rs. 1.00 Lakh and above are reported to their Boards promptly on their detection. Such reports should, among others, contain the failure on the part of the concerned branch officials and controlling authorities and consider initiation of appropriate action against the officials responsible for the fraud.
Quarterly Review of Frauds
Annual Review of Frauds
Banks are required to conduct an annual review of the frauds and place a note before the Board of Directors/Local Advisory Board for information. The review would take into account, among others, whether the systems in the bank are adequate to detect frauds once they have taken place within the shortest possible time.
Guidelines for Reporting Frauds to Police/CBI
Private Sector Banks/Foreign banks (operating in India)
While reporting the frauds, banks are required to ensure that, besides the necessity of recovering the amount expeditiously, the guilty persons do not get unpunished.
Cases that are required to be referred to State Police include:-
a) Cases of fraud involving an amount of Rs. 1.00 lakh and above committed byoutsiders on their own and/or with the connivance of bank staff/officers.
b) Cases of fraud involving amount exceeding Rs. 10,000/-committed by bank employees.
c) Fraud cases involving amounts of Rs 1.00 crore and above should also be reported to the Serious Fraud Investigation Office (SFIO), GOI, in FMR-1.
Public Sector Banks
All frauds below Rs. 300 Lakh are to be reported to the Local Police.
Cases to be referred to CBI
a) Cases of fraud involving amount of Rs. 3.00 crore and above upto Rs. 15.00 crore:-
b) All cases involving more than Rs.15.00 crore - Banking Security and Fraud Cell of the respective centres, which is specialized cell of the Economic Offences Wing of the CBI for major bank fraud cases.
Cases to be referred to Local Police
Fraud involving |
Compliant to be filed with |
Rs. 1.00 Lakh and above involving outsiders (Private parties and bank staff) |
Regional Head of the bank to State CID/Economic Offences Wing of State concerned |
Below Rs. 1.00 Lakh but above Rs. 10,000/- |
Local Police Station by the branch |
Below Rs. 10,000/- involving bank officials |
Reported to Regional Head of the bank to decide on further course of action. |
Fraudulent encashment of DD/TTs/Pay orders/ Cheques/ DWs, etc |
Local Police concerned
|
Frauds involving forged instruments |
Paying banker to Local Police |
Collection of genuine instrument, but collected frequently by a person who is not the owner |
Collecting bank to Local Police concerned |
Payment of uncleared instrument which found to be fake/forged and returned by the paying bank
|
Collecting Bank to Local Police
|
Collection/payment of altered/ fake cheque involving 2 or more branches of the same bank |
Branch where the cheque was encashed to the Local Police
|
Reporting Cases of Theft, Burglary, Dacoity, and Bank Robberies
Source: RBI M. Circular/updated up to 15.11.12