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US chapter court docket rejects Nirav Modi's petition looking for dismissal of fraud allegations | CABM mock test and real questions

A chapter court docket within the US has rejected a petition of Nirav Modi, the fugitive diamond merchant and two of his pals.

Modi and two of his pals had been searching for dismissal of fraud allegations towards them through the trustee of three businesses they prior to now owned indirectly.

What are the allegations?

The allegations have been made in a new York courtroom by using Richard Levin, the court appointed trustee of three US establishments--Firestar Diamond, fable Inc and A Jaffe--ultimately owned by 50-year-historical Modi prior to now.

Levin had additionally sought a minimum compensation of $15 million for “hurt” suffered by the debtors of Nirav Modi and his acquaintances Mihir Bhansali and Ajay Gandhi.

Southern District of ny chapter court docket choose Sean H Lane issued the order ultimate Friday, in a big blow to the Indian fugitive and his accomplices.

Nirav Modi, who is presently lodged in a penal complex in the UK, is challenging India's makes an attempt to extradite him to face charges of fraud and funds laundering in the Punjab countrywide bank (PNB) scam case.

“SDNY chapter courtroom choose Lane in a clear choice denied defendants Modi, Bansali and Gandhi’s motions to dismiss US Trustee Richard Levin’s amended grievance within the adversary proceeding coming up out of Modi’s initial chapter eleven chapter petition, alleging fraud, breach of fiduciary responsibilities, RICO and linked state legislations claims,” Indian American attorney Ravi Batra instructed PTI.

Nirav Modi falsely raises stock/enterprise valuation

Explaining the 60-web page order, Batra referred to Modi ploughed his profits again into his own enterprise as additional sales to falsely raise the stock cost/business valuation by way of constructing a scheme to defraud Punjab countrywide financial institution (PNB) and other banks of over $1 billion by means of a “shell game,” the place the ball receives greater with every sleight of hand, and then challenge Letters of conducting (variety of a guarantee) to PNB and get loans based mostly upon the inflated ball’s value.

“but to get the unwell-gotten cash via financial institution fraud out of his corporations, he engaged in a separate fraud to hide these withdrawals for private improvement as if they had been common company transactions,” Batra talked about in response to the court papers.

in response to the court order, Levin’s petition sought to recuperate damages for harm inflicted by using Modi and his two accomplices on the debtors and their estates because of his six-yr wide overseas fraud, funds laundering and embezzlement scheme.

loss of over $1 bn to PNB

The scheme resulted in accrual of claims towards the debtors of over $1 billion in favour of Punjab countrywide financial institution, the diversion of thousands and thousands of dollars of the debtors’ property for the benefit of the household of Modi and Bhansali, and the crumple of the debtors and the ensuing lack of price of their companies.

“The court’s refusal to push aside RICO (Racketeer Influenced and Corrupt businesses Act) count is legally pleasing, however there is a hole during this party with the aid of law abiding banks and americans: as soon as the appeals are taken, and Modi remains charged with the united states Trustee’s amended grievance, in whole or partly, and the case goes to a jury and wins a judgment, it’s only the property Modi and his cohorts then have can they be compelled to disgorge,” Batra referred to.

“right here, as in all sorts of “pump and dump” instances, it’s now not what was fraudulently taken from Banks' remains, however the dimension of the original ball’s price within the shell game, much less high residing charges, waste, defence prices, and so on. today is a pretty good day for the guideline of legislations, because of decide Lane, as now Modi’s US groups, run by means of the us Trustee, are going after Modi and his co-defendants so Punjab national bank can get 10-25 cents on the dollar,” Batra instructed PTI in keeping with a question.

Nirav Modi, pals, scheme to get dollars without collateral

in accordance with the court docket ruling, from early 2011 to early 2018, Modi and his associates orchestrated and performed a scheme to “obtain loans, credit, or other cash beneath false pretences and without collateral” from numerous banks, together with the PNB.

The financial institution fraud involved using letters of conducting (LoUs), a economic instrument pleasing to India, designed to facilitate effective import transactions.

Modi and the co-conspirators sought to artificially inflate the import volumes of Modi’s India-primarily based companies with sham transactions in order to achieve greater LoU funding, it alleged.

creation of internet of shell organizations

To carry out this scheme, Modi and his co-conspirators used an internet of shell agencies known as “shadow entities” primarily based in Hong Kong and Dubai that posed as reliable businesses to create fake import transactions and launder the proceeds, it pointed out.

The PNB and the different defrauded banks are mentioned to have misplaced in excess of $1 billion because of the fraud, the decide wrote in his order.

In his petition, Levin listed examples of how Modi, Bhansali and Gandhi directly benefited from fraudulently issued LoUs and had been thinking in circular transactions unless early 2013, when the debtors no longer directly participated in import and export transactions underlying LoU issuances and in its place received proceeds not directly in the course of the “shadow entities”.

UK Crown Prosecution service to evaluate London HC ruling

in the meantime, the united kingdom’s Crown Prosecution carrier (CPS) mentioned in August that it's reviewing the London excessive courtroom ruling to provide Modi permission to enchantment in opposition t his extradition order with the Indian government for the next stage within the felony procedure.

The CPS, which represents the Indian authorities in courtroom, highlighted that the enchantment can be heard at a full hearing on two grounds involving the intellectual health of the diamantaire, who is lodged at Wandsworth penal complex in south-west London as he fights his extradition to face expenses of fraud and cash laundering within the estimated USD 2-billion Punjab country wide bank (PNB) rip-off case.

Nirav Modi named in two crook complaints

Modi is the discipline of two sets of crook proceedings, with the CBI case regarding a large-scale fraud upon the PNB during the fraudulent acquiring of letters of undertaking (LoUs) or loan agreements, and the ED case relating to the laundering of the proceeds of that fraud.

He also faces two additional costs of "inflicting the disappearance of evidence" and intimidating witnesses or “criminal intimidation to trigger demise”, which were brought to the CBI case.

(To get hold of their E-paper on whatsapp day by day, please click here. They enable sharing of the paper's PDF on WhatsApp and other social media structures.)

published on: Tuesday, October 19, 2021, 01:19 PM IST



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