Sunday, 11 January 2009

Did the profit is siphoned??

Did Satyam Computers promoter-chairman Ramalinga Raju pick the lesser of two crimes when he decided to confess to India’s largest-everorporate fraud of Rs 7,136 crore? That’s a question that had begun to niggle a few people on Wednesday itself, when the contents of his 5-page letter hit the headlines. In the 24 hours since, that question has gained a whole lot more traction.

Here’s why. Raju said that in the second quarter (July-Sept) of 2008, Satyam showed an operating margin of Rs 649 crore (which was 24% of revenue) when it was actually only Rs 61 crore (that’s 3% of revenue).

This, he indicated, was part of a fudging exercise over years to inflate profits - presumably to keep the stock price up and the magic of Satyam alive.

Essentially, what Raju confessed to was creative accounting cash where none was generated and therefore did not exist. But, as he kept emphasising, he did not profit personally from it. Still a crime, but not top of the pops in order of heinousness.

Here’s the catch: 3% margin - which is what Raju said Satyam had actually made - is ridiculously low in an industry. Forget Infosys, which made 33% in the same quarter, all IT firms of similar or even smaller size make between 20% and 30%. There’s no way Satyam, which services 185 Fortune 500 firms, could have such a low profit margin, said every analyst that we spoke to. What’s more, even people in Satyam don’t believe Raju. TOI’s Thursday edition quoted a Satyam staffer saying, “His letter implies that we worked at a margin of 3%. That’s pure unadulterated crap.”

So, if Satyam was operating on a much higher margin, why would Raju choose to say it was actually much lower? Implication is that more money was coming into the company in form of higher profit, but it was being siphoned off.

Raju in Chanchalguda jail

Once in the list of the richest Indians, disgraced founder and former chairman of Satyam Computers B. Ramalinga Raju and his brother B. Rama Raju spent Saturday night in the Chanchalguda jail and slept on the floor along with 26 other prisoners accused of petty crimes like theft.

The Raju brothers, who have been remanded to judicial custody till Jan 23 by a magistrate, will be treated like ordinary undertrials. Prison authorities said there would be no special treatment for them.

The high-profile remand prisoners, involved in a Rs.70 billion fraud in the company, slept on groundsheets and were provided with woollen blankets in the admission barrack of the jail.

They were brought to the jail after 6 p.m. and by that time the supper for prisoners had already been served. When jail authorities asked if they wanted dinner, they said they were not hungry.

The former Satyam boss and his brother will be shown no VIP treatment. There will be no homemade food for them and they will be served jail food thrice a day along with other inmates, said a prison official.

Each will be eligible for 650 gm of rice thrice a day along with 250 gm of vegetable curry and 125 gm of 'daal'. They will also be served tea twice a day.

The Rajus are likely to be shifted to the barracks on Monday after the court hears their bail petition. However, they will be segregated from those accused in violent offences like murders, dacoities and robberies. They are likely to be lodged in separate barracks meant for prisoners facing 'soft' cases like cheating.

The Rajus will be in the company of other high-profile prisoners like Venkateshwara Rao, former chairman of Krushi Bank, K.S. Raju, chairman of Nagarjuna Finance Limited (NFL), and a former director of NFL P.K. Madhav. All three were also accused of swindling huge amounts of money of depositors.

Maytas under scanner

The Satyam scandal has cast an ominous shadow on the Raju family-promoted Maytas Infra and Maytas Properties. Andhra Pradesh Chief Minister Dr Y.S. Rajasekhara Reddy disclosed that an intensive review of the public projects being implemented by Maytas, individually or as part of a consortia, in the state are being studied closely to determine any possible adverse impact including time and cost overruns.

In a mid-day media conference at the state secretariat in Hyderabad on Sunday, Reddy made it abundantly clear that the topmost priority for the state government is the welfare and the future of the 53,000 odd Satyam employees and the impact of the scandal on ongoing and proposed projects in the state as well as the state’s economy.

Reddy admitted that the concern for the state is the capability of the Maytas companies to execute the various irrigation project packages and the ability to take forward the plans to develop major infrastructure projects as the member of different consortia.

There are apprehensions that the contract with the Maytas led consortium will fall through and the Hyderabad Metro Rail will have to look for a fresh partner to take up the Rs 12,132 crore project for the 71 km rail link through the city. This is, if the Maytas-led consortium fails to achieve financial closure for the project by March.Maytas Infra has been awarded other prime contracts such as the Rs 809.62 third package of the Godavari drinking water supply scheme for Hyderabad and the Rs 1500 crore Machilipatnam Deep Water Port.

Further, the chairman of Maytas Infra R.C. Sinha has resigned after Ramalinga Raju came out with his five-page statement. His elder son B. Teja Raju is the vice chairman. Its CEO P.K. Madhav is already under a cloud having come out on bail in a case of cheating depositors of an unrelated company of which he was director earlier.

Maytas Infra, like Satyam, is suspected to have misrepresented its financials. This is why the chief minister has asked Chief Secretary P. Ramakantha Reddy to immediately evaluate the risks for successful and timely completion of projects under execution by Maytas.

However, it is the privately held Maytas Properties, of which younger son Rama Raju is vice chairman, which is perhaps a richer company than Maytas Infra as it has one of the largest land banks for any company in the country – more than 7,000 acres spread across cities and towns in southern India. But, with the probes into Satyam, being extended to other companies in the Raju empire, the real story as to how these companies, formed by reversing the letters, have gained is likely to surface.

New board for Satyam

The government on Sunday named a three-member board, including former Nasscom chief Kiran Karnic and Deepak Parikh, chairman of HDFC, to oversee the functioning of scam-tainted Satyam Computers.

According to Minister of Corporate Affairs Premchand Gupta the board, whose third member will be C. Achuthan, former member of SEBI (Securities and Exchange Board of India), will ensure that Satyam continues to function in the "interest of the company and its shareholders".

The IT bellwether has been hit by a Rs 70 billion fraud perpetrated by its founder B. Ramalinga Raju.

Gupta said the board will meet immediately and other members will be included later. "Having considered all aspects, the government has decided to reconstitute the Satyam board, with experts in different fields," he said.

"Such a board will provide the necessary vision and accountable leadership for the company in the hour of crisis. It would restore credibility, customer confidence and employee morale," Gupta said.

He said the board would function independently and make its "own assessment and take appropriate decisions".

Saturday, 10 January 2009

Ramalinga Raju & Ram Raju sent to judicial custody

Satyam's disgraced founder Ramalinga Raju and his brother Rama Raju were sent to judicial custody for 14 days on Saturday while the CFO was picked up for questioning, as the government and regulator SEBI huddled in Delhi to put a new management together to run the IT company.

Raju, who three days ago disclosed a financial fraud in the company running into thousands of crores over several years, and his brother were produced before the 6th Chief Metropolitan Magistrate who remanded them to judicial custody till January 23, their lawyer Bharat Kumar said.


Government to take over management control of Satyam Computer

The Company Law Board on Friday allowed the Government to effectively take over the management control of the beleaguered Satyam Computer Services, following the Rs 7,000-crore financial fraud that shook corporate India.

It also allowed the Government to appoint 10 nominees to function as Directors of the Hyderabad-based company.

The current Directors of Satyam have also been restrained from acting as its Directors. Following the CLB order, the board meeting of Satyam scheduled for Saturday now stands cancelled. The new board is slated to meet in seven days.

Earlier in the day, the Government had moved the CLB to ensure that the operations of the company continued uninterrupted and also to protect the credibility of the Indian corporate sector in general and IT sector, in particular.

The Government’s crackdown on the crisis-ridden company and its move to disband the board also puts a question mark over Satyam’s Q3 results announcement and restatement of Q2 figures, earlier scheduled for January 17; it now needs to be seen if the company would be able to announce these numbers even by January 30.

Briefing the media late in the evening, the Minister for Corporate Affairs, Mr Prem Chand Gupta, said, “We will appoint suitable persons for the post of nominee Directors, at the earliest.”

The Minister also said that the Centre would wait for a report from the Registrar of Companies (Hyderabad), which is probing the financial irregularities. “The RoC has been asked to submit its report by January 14, after which it will be decided whether to refer it to the Serious Fraud Investigation Office,” Mr Gupta added.

Mr B. Ramalinga Raju surrenders

Mr B. Ramalinga Raju, who quit as Chairman of Satyam Computer Services admitting to a Rs 7,136 crore financial fraud, surrendered to the State police on Friday night.

Mr Raju went in a convoy to the Director-General of Police and presented himself. He was to appear before a special team deputed by the Securities and Exchange Board of India (SEBI) on Saturday, which is probing the fraud.

Satyam shooks market

Disclosures by the founder-Chairman of Satyam Computer Services rocked the equities market, sending the Sensex crashing 7 per cent.

The benchmark index opening 89 points higher from Tuesday’s close registered a massive fall of 825 points in the mid-session trade after the company Chairman Mr B. Ramalinga Raju’s letter, admitting to the company’s hugely inflated balance sheet, was put up on the stock exchanges.

As the Satyam scrip fell 80 per cent intra-day to the Rs 30-level from the day’s high of Rs 188.70, the ripple effect was felt across the entire market.


Rs,7,000 crore fraud

In perhaps one of Corporate India’s worst unfolding chapters, Mr B. Ramalinga Raju, Founder-Chairman of the $2-billion Satyam Computer Services, dramatically stepped down on Wednesday admitting to faking financial figures of the company to the tune of Rs 7,136 crore, including Rs 5,040 crore of non-existent cash and bank balances.

The startling disclosure by Mr Raju, considered one of the poster boys of Indian IT, jolted the corporate world, investor community, Government and large pool of young professionals, pushing the fourth largest Indian IT company into a crisis, exposing it to acquisitions and leaving the future of 53,000 employees in balance.

On a day of fast moving developments, the Satyam scrip was slaughtered to a low of Rs 39. 95, down by 78 per cent, and several FIIs (which hold nearly 61 per cent) offloaded their shares. The market cap plummeted to Rs 2,705 crore from over Rs 12,000 crore on a single day.

Mr Ram Mynampati, President, was quickly made interim CEO to steer the troubled ship, while Mr Raju would continue till the new board was constituted on January 10.

Stunning his well wishers and investors, Mr Raju revealed the real motive behind the December 16 bid to acquire Maytas companies for $1.6 billion. It was to swap the fictitious cash reserves of Satyam built over years with the Maytas assets. Mr Raju thought the payments to Maytas could be delayed once the Satyam’s problem was solved.

But unprecedented investor outcry, media pressure and highly unfavourable economic conditions played spoil sport to Mr Raju’s plans, leading to his exit.

A beleaguered Satyam Computer Services today suffered blow with three top independent directors quitting.

Mr Vinod K. Dham, Dr Krishna G. Palepu and Prof. Mendu Rammohan Rao resigned, under pressure from several quarters on corporate governance issues.

The resignations come on the heels of Dr Mangalam Srinivasan, the longest serving Independent Director quitting, owning moral responsibility for not casting a dissent vote against the $1.6-billion deal to buy Maytas firms.

Mr Vinod Dham, the father of Pentium chip, who had called for a special board meeting, had said that he would work with the management to enhance shareholder value. While Dr Palepu is a Harvard Business strategy Professor, Dr Rammohan Rao is the Dean of Indian School of Business.

Effectively, the nine-member Board is now reduced to five members – three whole-time directors (Mr B. Ramalinga Raju, Chairman; Mr B. Rama Raju, Managing Director; and Mr Ram Mynampati, President); and two independent directors (Mr V.S. Raju, former IIT Director, and Mr T.R. Prasad, former Union Cabinet Secretary).

Satyam asks World bank to apolise

Satyam Computer Services, which has been receiving lot of flak following the aborted bid to acquire Maytas Properties and Maytas Infrastructure, has asked the World Bank to apologise to it for harming its interests.

It also asked the Bank to explain the circumstances related to the “Bank’s inappropriate statements” quoted in the media extensively.

The Bank on Wednesday announced that it made Satyam ineligible for eight years to take any contract from it “for providing improper benefits to Bank staff” and “for failing to maintain documentation to support fees charged for its subcontractors.”

World Bank-Satyam Computer Services

The World Bank has decided to keep Satyam Computer Services off all businesses for a period of eight years beginning September 2008.

The decision was taken following allegations of data theft in a project handled by the Hyderabad-based software solutions company, Fox News had reported in the morning.

“An anonymous World Bank spokesman conceded Satyam was suspended in February, declared a ‘non-responsive vendor’ and then ‘made ineligible to be a bank corporate vendor’ until 2016,” it said.

It, however, said that currently Satyam’s name was not included in the list of debarred firms on the World Bank’s site.

Satyam's UK client files lawsuit over Maytas deal

Mumbai: A British firm, which is an old client of Satyam Computer Services, Friday filed a lawsuit in a US county court against the software major's top brass over the firm's aborted bid to buy out promoter group companies Maytas Properties and Maytas Infra.

The online and mobile payment services Upaid Systems Ltd said in a statement from London that the lawsuit was filed in Collin County, Texas district court, seeking depositions by Satyam founder-chairman B. Ramalinga Raju, chief financial officer Srinivas Vadlamani and its global head of corporate governance G. Jayaraman.

They attempted "to strip all surplus cash from the company in a $1.6-billion (Rs 79.2-billion) related-party transaction benefiting the family of Satyam's founder and chairman," it said.

The Hyderabad-based Maytas Properties and Maytas Infra are run by Raju's two sons - Rama Raju and Teja Raju.

"The evidence of Satyam's poor corporate governance and business practices has been mounting, harming us, other customers and Satyam's shareholders," Upaid said in its statement.

Following the allegations, Satyam's stock fell further Friday to close at Rs.162.80, down 3.87 percent or Rs.6.55. The scrip has lost about 26.25 percent since last week when the company backtracked on its plan to acquire Maytas Infra and Maytas Properties for about $1.6 billion, following a furore from investors and analysts.

Maytas Infra has been in a free-fall ever since the deal fell through, with its scrip falling 20 percent again Friday to close at Rs.248.55.

The aborted Maytas transactions had also resulted in a fire sale on its stock that led to a 55 percent one-day decline in its market value Tuesday on the New York Stock Exchange (NYSE).

To substantiate its allegation, Upaid accused Satyam of trying to execute a transaction designed to deplete its assets in advance of a judgment, which rightfully concerns its engagement with the Hyderabad-based IT vendor.

"Satyam executives are in the best positions to know their company's reputation in the business community and the recent events that have drawn such widespread criticism in the marketplace," Upaid said in the statement.

Upaid also charged Satyam with being willing to engage in fraudulent transfers to avoid its legal obligations.

The beleaguered IT firm Wednesday called off the deal after investors and analysts revolted against the top management for attempting to 'bail out' the cash-strapped Maytas firms.

Incidentally, Satyam is already in litigation with Upaid over a breach of contract and is facing lawsuits in the US federal and state courts filed by the latter in April 2007, claiming $1 billion in damages for fraud and forgery.

Though the federal court proceeding is scheduled for a Texas jury trial in June 2009, Satyam is faced with an adverse judgment after it lost an injunction appeal in the Court of Appeal in London in May against the original lawsuit.

As a mobile and online payments specialist, Upaid offers applications ranging from the recharge of prepaid accounts via SMS to electronic bill payment and presentment to billing for mobile content.

It holds the franchise for Visa mobile service in the CEMEA (central Europe, Middle East and Africa) region, with operations in Brazil and the US.

Satyam nosedives in early trade, tanks 33%

Satyam Computer tanked as much as 33 per cent and witnessed its 52-week-low level on bourses in early morning trade amid the company calling off its $1.6-billion deal to acquire two infrastructure businesses promoted by the IT major Chief Ramalinga Raju's son.

Satyam at Rs 200, a fall of nearly 12 per cent in the early trade on the Bombay Stock Exchange. The scrip lost further ground and tanked as much as 30.75 per cent to touch an intra-day low of Rs 156.85.

Similar trend was witnessed on the National Stock Exchange where the scrip opened on a weak note at Rs 214.90, then dipped further to witness an intra-day low of Rs 151, a fall of 33.35 per cent from its previous closing price.


Investors angry over Satyam decision to pick up 51% in Maytas Infrastructure and 100% in Maytas Properties

Satyam decision to pick up 51% in Maytas Infrastructure and 100% in Maytas Properties. However, as soon as the USD 1.6-billion deal was announced, it met with stiff market resistance. Investors angry on the company’s acquisition of the infrastructure company — especially when the realty business is highly cash-consuming now. The Satyam ADR fell by as much as 55% on news of the acquisition. Institutions hold over 50% in the IT major. Templeton, an institutional shareholder, said it would go to any length to stop the deal. In the face of rising investor discontent, Satyam called off the deal.

Satyam Computer is acquiring 100% stake in Hyderabad-based Maytas Properties & Maytas for $1.6 billion

's fourth largest IT services firm Satyam Computer is acquiring 100% stake in Hyderabad-based Maytas Properties for $1.3 billion and is going to pick up a 51% in public listed firm Maytas Infra for $300 million. The total deal value is pegged at $1.6 billion (Rs 8,000 crore).

According to the deal, while Satyam will acquire 100% stake in the privately held Maytas Properties, it is going to buy 31% of Rajus holding in the public listed Maytas Infra and then make an open offer for another 20% stake. As of September 31, 2008, promoters held 36.64% in Maytas Infra. The price being paid to the promoters is fixed at Rs 475 per share, 1.25% discount to the closing price of the scrip today. The open offer will be made at Rs 525/share which is 7% premium to the ruling price as against the 52 week high of Rs 946.