Too soon to blame only the laws

Friday, 9 January 2009 15:52 by Bala Murali Krishna
Is there a hint of too much emotion in our reactions to the Satyam saga? You bet. We are like that only.

That is why you find heated calls for reform, and a near unanimous conclusion that our system is somehow flawed. It would be good to remember that Ramalinga Raju and Satyam have not only fooled Indian authorities but also American authorities because the company’s stock is also traded on the New York Stock Exchange. Clearly, nobody found anything wrong in the financial reports the company filed with the NYSE, conforming to the US GAAP.

The other day, Infosys chief N R Narayana Murthy came on TV and expressed the view that, probably, the lax enforcement of the laws, rather than the laws may be to blame. You must remember that since the downfall of Enron, WorldCom and Tyco – all in the early 2000s – in the US, tougher corporate governance standards, exemplified by the Sarbanes-Oxley, have come into force. So it must be presumed that Satyam hoodwinked the authorities while still meeting these tougher standards.

Satyam likely did not exploit any major loophole in the law. It simply perpetrated the fraud by forming a rogue team led by Raju. Whether or not that included internal and/or external auditors would be an obvious question that remains to be answered.

Many experts have expressed the view that a team of professional, and independent, auditors could never have missed such widespread fraud spread over several years. DSP Merrill Lynch, which had been hired as a consultant to help Satyam find a buyer, uncovered it in a matter of days before terminating the agreement on Jan. 6, leading to Raju’s confession and complete turmoil. The obvious conclusion, as articulated by India Infoline’s Nirmal Jain on CNBC, is that some auditors colluded with Satyam executives to perpetrate the fraud.

Now, I am not sure you can stop that kind of thing with any law, perhaps with lynching. You can only stop these with due processes, which apparently failed in the case of Satyam. What these processes were and who is to blame will emerge sooner than later because PriceWaterhouseCoopers needs to protect its name and its future, if it needs to avoid the kind of fate that befell Arthur Andersen, the auditors of Enron.

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Comments

January 10. 2009 04:57

lakshmikanthan

The seemingly smooth running system wakesup briefly to look after issues as such before continuing its long-short nap. Soon, it shall return to its oblivion. The government or the system, always fails to anticipate crisis/scams as such. The wakeup call comes from everywhere, not only the Satyam issue, also the Mumbai terror attacks, Assam bombings and so many to recall. A constant vigilance on things that involve innocent civilian's rights/interests and ultimately yes, his/her life, should be emanated. This is not new, or this is not a beginning, its just another happening that has radiated bitterness and soon shall be forgotten, when something new, arises... Let it not be forgotten and let not things like this happen again. Its all in the hands of the system, us. India, still Shining?!

lakshmikanthan

January 10. 2009 05:24

sohndesmonds

The seemingly smoothrun system will wakeup briefly for a moment, to look after the issue, before falling back to oblivion. It is not new for the system, failing to ancipate things in advance. That is what has happened with Mumbai, and that is what has happened with Guwahati and that is what has happened everywhere, will happen so. The Satyam issue is not new, it is just a happening in the corporate history and shall be forgotten soon, just as our memories with Harshad Mehta. The, what to be looked after is the lacklustre nature of the system, the government, and ofcourse yes, us. Wakeup calls make things to stir and wake up, and the system has, but what matters really, is to stay awake. Is India still awake?!...

sohndesmonds

January 10. 2009 14:29

George

The aftermath violating basic ethics of the business will be a bloodbath.

George

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