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--- On *Sat, 3/14/09, Team Equitymaster <[email protected]>*wrote:

From: Team Equitymaster <[email protected]>
Subject: This Week's Straight From The Hip - The second fraud at Satyam
To: "Reader" <[email protected]>
Date: Saturday, March 14, 2009, 2:23 PM

<http://click.youreletters3.com/t/54743/3757793/165711/0/>

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The second fraud at Satyam
  ------------------------------

14th March 2009

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The tragedy of our country is that the political leaders care not a whit
about its own people. They are in politics only for their own personal
wealth. This manifests itself in several areas.

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Look at the second fraud at Satyam. The first one was committed on Indian
investors by its promoter, Ramalinga Raju, who falsified accounts and
admitted to doing so. The second one is by the authorities, in penalising
already suffering investors.

The normal rules of takeover have been tweaked, so that a buyer emerges
bold, or foolish, enough to want to bid for it. The buyer will pay the
average of 2 weeks stock price, instead of the past 6 months price, which
would be higher. Why? Because of the fear of impending liabilities in the
case of 2 class action suits filed by its ADR holders in the US. What does
that signal to us?

One that the US judicial system works in penalising defaulters, ours does
not! Bernard Madhoff, for example, is likely to spend the rest of his life
in jail for the fraud he committed; has that ever happened to a fraudster in
India? Madhoff’s entire property/assets have been taken by the Government
and will be used to settle claims; has that happened in the case of Satyam?
The reason it hasn’t is because of para 1.

Result? Investors in India would get a lower price because of liabilities of
claims by US investors. Now ADR holders hold 19% of the stock, Indian
investors hold 79% and the promoter holding is down to merely 2% (his
interest in the sinking ship is thus non existent). Since his is a self
confessed fraud, should the political leadership not attach the assets of
him and his family, as the US leadership has done? In a true democracy,
which survives for the people, it does!

Now we get a figure of $ 600 m. as the cost of a likely out of court
settlement of the two class action suit liabilities. This exceeds the market
cap of $ 550 m. for the company. In short, the Indian government is trying
its best to get in a buyer to pump in money, which would be used to settle
the 19% American investor liability (who would not suffer from their
investment as a consequence) and damn the 79% Indian investors, who have
suffered and continue to suffer tweaking of rules to ensure that the salvage
price of the vessel is even lower.

On top of this, and this is really rich!, is the statement by the tax
authorities that capital gains tax would be payable by domestic investors
(not by foreign ones, mind you) if the price in the takeover is higher than
their purchase price. In other words, it is alright to tweak rules in order
to find a sucker, sorry buyer, for the salvage, but it is not alright to
tweak them for domestic investors. Its rather like imposing a tax on
firewood used for their cremation!

This is Indian democracy at its finest!

The global situation is also bad, although last week saw the start of a
possible bear market rally, after Citi and BOA announced that they had made
profits in Jan and Feb. and after President Obama announced extra budgetary
spending. The problem is that if Governments start to protect domestic jobs
and businesses as a condition for a bail out package, the increased
protectionism would impact global trade and this would take a long time to
recover. Governments, facing drastically reduced production and job losses,
would be compelled to take protectionist measures, which would prolong the
agony. Production in January 09 was down 31% in Japan, 26% in Korea, 24% in
Spain, 16% in Russia etc. Ships piling up in Chinese ports to offload
Australian iron ore are more than thrice the normal number, which indicates
that China would also slow down. Growth in global merchandise exports in the
period 2000-07 grew 5.5% CAGR, against a 3% CAGR growth in world GDP. In
2009 this is expected to shrink 2.5% -3%.

So if the bear market rallies now, as it could, investors ought to be
cautious and not get into the trap. Iconic manufacturing companies are
likely to fold or restructure. One overheard a wag saying he had read 10
Chapters of ‘General Motors biography’ and was waiting for Chapter 11. The
auditors of GM have opined that they may not be able to state that it is a
going concern! There are concerns, too, about General Electric, for many
years on the list of the Most Admired Companies in the world.

Last week, after an initial dip, the Indian market coloured up after the
Holi festival, and the BSE sensex shot up on the last two days of the week
to end at 8756, gaining 430 points over the week. The major contributors
were Reliance (with 122) and ICICI Bank (with 60). The Nifty added 99 points
to end at 2719.

Now that the sensex has recaptured the 8400 floor it had briefly broken
under, its possible that it may rally further. Although India’s index of
industrial production fell 0.5% in Feb, year on year, it is improving month
on month, since December. And, compared to the other countries mentioned
above, a half percentage yoy fall is not bad at all.

What is appalling is the lack of infrastructure, which subsumes any
manufacturing efficiency. The Government squandered resources in the boom
and now has few to spend on improving it. There is a huge resource pool
which is available, but the political leaders are reluctant to tap into it,
for reasons best known to themselves. This is the pool of money lying in
Swiss banks, and other tax havens, reportedly exceeding $1.5 trillion!
(estimates go to $3 trillion). Swiss banks are now willing to provide
details of accounts to any Government that simply asks for them. This money
can be used to improve infrastructure and to get India out of the global
financial mess. But will it? No! because the politicians won’t ask Swiss
banks for the details. One wonders why.

One hopes the electorate will throw up a Government that would regard their
well being as primary and above the well being of themselves. Now, would
somebody get me a cup of coffee so that I can wake up and smell it?

*J Mulraj is a stockmarket columnist and observer of long standing. His
weekly column on stockmarkets has run for over 17 years. An MBA from IIM
Kolkata, he has been a member of the BSE. He is now India Representative for
Institutional Investor. A keen observer of events and trends, he writes in a
lucid yet readable style and takes up issues on behalf of the individual
investor. Nothing pleases him more than a reader who confesses having no
interest in stockmarkets yet being a reader of his columns. His other
interests include reading, both fiction and non fiction, bridge, snooker and
chess.*

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*Disclaimer:* Disclosure: The author or his family have no holding in the
stocks mentioned in the article.
The views mentioned above are of the author only. Data and charts, if used,
in the article have been sourced from available information and has not been
authenticated by any statutory authority. The authors, Quantum AMC and
Quantum Advisors do not claim it to be accurate nor accept any
responsibility for the same.
© Equitymaster Agora Research Private Limited

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