Banking Technology and Author, Pune. 1 Banking Frauds Prevention and Investigation Lecture and Presentation by P. R. Kulkarni P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 2 Fraud Fraud is a dishonest act and behavior by which one person gains or intends to gain from other person. Fraud results, actual or likely, gain to one person and loss to other person. Fraud may give gain to the person himself doing it or to someone else. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 3 Fraud intention to deceive through 1. Fraudulent acts 2. False statements 3. Active concealment of facts 4. False promises 5. Material silence 6. Misleading suggestions / assertions 7. Impersonation 8. Anything declared as fraud by the Court P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 4 Fraud Contributory factors Incompetence Lethargy Negligence Connivance Ignorance Things permitted by situational pressures and permissive attitude
P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 5 Fraud Definition Indian Contract Act, Section 17 Fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent with intent to deceive another party thereto or his agent, or to induce him to enter into the contract;
Contd. .. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 6 Fraud Definition Indian Contract Act, Section 17 1. the suggestion as a fact, by one who does not believe it to be true 2. the active concealment of a fact by one having knowledge or belief of the fact 3. a promise made without any intention of performing it 4. any other act fitted to deceive 5. any such act or omission as the law specially declares to be fraudulent P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 7 Fraud in other enactments Fraud is not defined in Indian Penal Code However, in IPC following sections cover its ingredients adequately Cheating (Sec. 415 to 420), Concealment (Sec. 421 to 424), Forgery (Sec. 463 to 477A), Counterfeiting (Sec. 489A to 489E), Misappropriation (Sec. 403 to 404), and Breach of Trust (Sec. 405 to 409) P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 8 Why frauds take place With education, more and more persons are becoming aware of the possibilities of gains through bank frauds. Banking business is becoming impersonal. Often banker does not know the customer. He knows him through his signature only. There is sudden and tremendous spurt in banking business. As such, there is vacuum of properly trained and/or experienced staff. Contd. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 9 Why frauds take place Life has become too fast and busy. Banker do not have enough time to scrutinize the documents. The fraudster can easily loose his identity in the crowd of millions discarding his connections with a particular fraud. Increased population and unemployment have made people desperate. Moral values are down and quick buck is desire of the day. Contd. . P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 10 Why frauds take place Form punishment point of view bank fraud is safe as there is no risk of life. Banks frauds are very often detected late. By the time fraud is detected the culprit moves away from the place and evidence. Inadequate legal frame in India makes it difficult to prove the things in Courts. Slow moving judicial systems make the prosecutors job difficult. Contd. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 11 Why frauds take place Many frauds do not come to light as banks take a surrender view due to fear of so called reputation of the bank. This encourages the culprit as he gets automatic clean chit. Amounts lost by Banks in India
Year 200910 Rs. 2,017 Crore.
Year 201011 Rs. 3,799 Crore.
Year 201112 Rs. 4,448 Crore. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 12 P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 13 Bunko Banker (Bank Employee committing fraud) He is efficient He is obliging He is know all He is indispensable He seldom takes leave P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 14 Cheque / Demand Draft Frauds Counterfeit instruments are cashed Impersonation is adopted to cash stolen instruments Signatures are forged on the instruments Instruments are materially altered for value / validity date / beneficiary / character Cheque is issued against non-existent accounts Counterfeit seals and stamps are used Forged fingerprints are used on instruments of illiterate persons P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 15 Deposit Account Frauds By impersonation account is opened and stolen cheques / drafts are cashed Dormant account is operated by forger forging the signature of others Joint accounts are opened and one of them forges the signature of other Manipulation of deposit account / pass book by bank employee
Contd. . P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 16 Deposit Account Frauds Bank employee temporarily adds or shows as joint account holder and operates the account but under fictitious name / forged signature Mini-deposit collector collects the money but do not credit the collected amount in the bank P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 17 Bill Purchase Accounts Frauds Bogus / stolen railway / motor transport receipts accompanied by bogus bills are discounted Spurious bills with inflated value / drawn on sister concern are discounted Genuine bills accompanied by railway / motor transport receipts are discounted from the bank but impersonated party gets the goods released on indemnity under the guise of lost receipts False bills for worthless goods are got discounted P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 18 Frauds Hypothecation Account Stocks, or part thereof, are removed unauthorized In large godowns inferior quality material is mixed Containers such as barrels / tins do not contain the material as it should be Hollow cavities / places are made in container / godown Contd. .
P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 19 Frauds Hypothecation Account Unfinished goods are shown as finished goods Hypothecating same stock to different banks Inflated stock statements are submitted for availing loans Un-marketable / scrap type goods are kept in the godown Contd. . P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 20 Frauds Hypothecation Account Stocks are removed and then godown is put on fire and insurance claimed Banker is bribed and stocks are removed Counterfeit bonds, securities, shares are given as security P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 21 Bunko Bankers Fraud Manipulation of cash by those who handle cash. Misappropriation at customers deposit account. Bogus mail / telegraphic transfers. Clearing forged cheque and other instrument while working at clearing department. Utilizing sundry account to withdraw money.
Contd. .. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 22 Bunko Bankers Fraud Debiting central accounting of the bank. Accepting counterfeit currency for consideration. Helping the outsider fraudsters / robbers etc. Forging signature of the customer on banks document/s, with or without fraudulent purpose. Stealing blank demand drafts, cheques, inter-branch advices and such other stationery of the bank that can be used to siphon out money from bank.
Contd. . P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 23 Bunko Bankers Fraud Fraudulently becoming a joint account holder with account holder of the bank, particularly illiterate or senior persons, and embezzling money. Misusing pass-book of customer left for up- dating. Operating as a lender within the bank. Allowing irregular credit facilities. Allowing encashment of fraudulent documents knowing them to be so.
P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 24 Protection from Bunko Proper recruitment and post appointment training. Rotation of counters of the staff, periodic as well as surprise. Signature scrutiny to be made carefully Specimen signature cards of dormant accounts be kept carefully in proper custody. Watch and care for accounts of illiterate persons. Surprise cash checking at different timings. Checking of all accounts randomly.
P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 25 Signatures where banker comes across Account opening forms / specimen signature cards. Deposit receipts Cheques Withdrawal forms saving / transfer. Pay-orders / Demand Drafts / Bankers Cheques Endorsement on bills for collection / discount. Different registers maintained by the bank. Credit / Debit Cards Loan Documents Introduction / confirmation / confidential report letters. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 26 Some Characteristics of Genuine Signatures Written with speed and abandon by normal literate person. Flying start and finish. Graduated pressure that varies with the movement of the pen and line strokes which are free of defects created by natural movement of pen. Contain natural variations without attempt to hide them or correct them.
Contd. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 27 Some Characteristics of Genuine Signatures Written with rhythm with flow of pen automatically showing unhindered flow of writing lines and smoothness in loops, curves, bulbs and other writings and pen lifts. Contains personal sub-conscious emphasis on certain letter, stroke and construction. It appears as enlarged sizes, ornamentations etc. Ordinarily, it appears at the start of the signature, end stokes, capitals or in the under-scoring lines. Contd. .. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 28 Some Characteristics of Genuine Signatures Directional movements of the pen to form letters, combinations of letters or connectives is often highly individual characteristic of the writer. Spaces required for writing letters, sizes of letters and words or their abbreviations and simplifications are highly characteristic. Placement of dots, cross bars, full stops, under scoring / top scoring lines, etc. are details adopted inconspicuously. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 29 Forged Signatures some varieties 1. Simulated signature. 2. Traced signature. 3. Transplanted signature. 4. Disguised signature. 5. Forgery over genuine signature / Trickery. 6. Non altered names of other persons, in normal hands P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 30 Simulated Signature Common method of forged signature. Also known as copy forgery, imitation forgery or free hand forgery. Signature is carefully copied from model genuine signature of the victim. Success of forger depend upon skill and practice put by him and type of victims signature. It also depends on vigilance of the person who examines the signature for acceptance. Contd. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 31 Simulated Signature The forged signature has mixed characters of forgers own styles and adopted styles of victims signature. Forger has to imitate the signature stroke by stroke so that slants, curvatures, heights and width all match to the original signature. This process makes the forger to write slowly but it looses the naturalness, smoothness and rhythmic flow of the original writing. Forged signature is more a picture than writing. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 32 Traced Signature By using different techniques the genuine signature is traced. It gives better results than simulated signature and many times the victim itself get confused claiming to be his own signature. Different techniques are indented tracing, tracing paper tracing, carbon paper tracing, transmitted light tracing, projected image tracing. The tracing process is slow and, therefore, looses the natural flow While tracing if the pen, pencil or stylus moves from the line it creates kinks, discontinuations etc. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 33 Transplanted Signature Revenue stamp containing total or part signature is physically lifted from original paper to desired paper. This type has limited scope as the use is where stamp is required. So general use is restricted. Remaining part of the signature out side the stamp needs to be completed. But it shows visible difference in ink. While removing stamp water / moisture / vapor is used that gives smudged effect on the ink on the stamp as well as sometimes color of the stamp also gets changed. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 34 Disguised Signature These are original signatures made by the person himself with prior intention and plan to deny their authorship later on. This forgery is common on bank loan documents. The person changes his usual signature in aspects such as slant, size, alignment, legibility, stokes, capital letters, flow etc. The person tries to imitate writing of another person. Success of this forgery is limited as the person though changes pictorial appearance of his signature he can not change his natural flow, curves, pressure etc. When more than one signatures are forged they differ and more natural flow creeps in. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 35 Forgery over genuine signature / Trickery Here signature on the document is that of victim himself. Hence, there is no question about genuineness of signature. Signature of the victim is obtained on blank paper and then document is prepared as may be suitable to the fraudster. Signature is obtained on the document other than the one the victim believes to be. Blank space is kept between text of document and signature and then in that space additional text in inserted.
P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 36 Non-altered Signature Signature of the victim is written by the forger in his normal handwriting. Dishonest or careless banker accepts such signed document as genuine. This may be on cheque, loan document etc. In teller system payments are often made without verification of signature. Fraudsters take advantage of this. If loan documents are given outside the bank for signature this fraud is easily possible. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 37 Signature Checking Guidelines Line Quality It is the line quality of the inked line in which signature is executed. The genuine signature has natural flow. In forged signature the forger has to be slow and has to take pauses at places to verify resemblances with genuine signature. Therefore, line is not natural, it has kinks, ink deposits, re-touching, curves either lack pressure or bear more pressure, shades and curves vary, slanting gets changed, end and start strokes show abruptness and pen lifts vary. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 38 Signature Checking Guidelines Check the Placing Each writer has his own style for many alphabets. Mark for any variation in such alphabets. Crossing the vertical line in t and f and taking half curves therein. Placing dot on i Taking top curves of m Taking base angles of w Taking starting full circle of e Contd.
P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 39 Signature Checking Guidelines Check the Placing Starting point and strokes of vertical lines in m, b, d, f, h, j, l p, and q Putting the angular or curved portion next to vertical line in k Putting the half mixed curves but faced in opposite direction in s Writing g P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 40 Signature Checking Guidelines Check the Alignment Alignment is the spacing arrangement of the writing reference to paper, baseline, other writing, underscoring line, positioning, of date etc. Most persons can not write in straight line. Their writing line goes either downwards, upwards or creates a curve with reference to the baseline. The signature also goes in tune with such peculiarity. The forger many times does not notice this. Contd. . P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 41 Signature Checking Guidelines Check the Alignment Alignment of capital letter with small letters in signature has very distinctive alignment mix. In forgery this alignment mix many times does not match. Positioning of underscoring line many times in forgery when compared with genuine signature. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 42 Signature Checking Guidelines Check Pen Lifts Forger has to see the model signature time and again to check and compare the size, slant, inter-distance of letters, next peculiarity of the signature etc. At each observation pause pen lift occurs. Therefore, compared with original signatures pen lifts are more and at different places. There are attempts to cover pen lifts. The signature line, therefore, has uneven stops, ink deposit, thick line appearance when cover up is made. If unwanted pen lift occurs in genuine signature the cover up is careless but forger does this with care and sheds some marks that can be identified. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 43 Signature Checking Guidelines Check Pictorial Effect It is general appearance of the signature. The forger has to create a good appearance resembling to the genuine signature. Banker and investigator should go beyond pictorial appearance and, 1. ignore the embellishment strokes and eye catching formations, 2. concentrate on inconspicuous characteristics, 3. study the connections, 4. examine the simplifications of certain letters in the signature and 5. observe above stated identification characteristics. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 44 Practice Examination of Signatures First Stage Examine your own signature on above stated features / characteristics. Compare your signature with that of your parents, brothers and sisters. Ask your friends to write a common name and observe differences, characteristics etc. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 45 Practice Examination of Signatures Second Stage Ask your friends to forge your signature. Examine these forged signatures to locate the differences, deviations etc. from the genuine signature. Analyze the points on which your group identifies the forged signature and list out such points. Repeat the exercise with your group for every ones signature. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 46 Practice Examination of Signatures Third Stage Try yourself forging others signatures by different six types of forgery stated above including your own disguised signature. While forging others signature you will find how difficult the task is and level of concentration required. While acquiring the skill you will develop analytical mind and sharp sense to catch forgery As a banker / investigating officer continue sharpening your brain but always remember to use the acquired skill for your true honest duty. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 47 Forgery Preventive Measures Short signatures are easy to forge. So try to have lengthy signature. Illegible signatures are more easy to forge. They give more pictorial appearance .have legible signature with clear alphabets. That also gives enough material for comparison to the hand writing expert.
Contd. .. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 48 Forgery Preventive Measures It is desirable to have 3-4 different signatures. One can be used for bank purposes, other for correspondence, another for personal correspondence etc. This prevents the fraud from one area to another area. Handwriting of every individual gets changed with the passage of time due to age, health and other factors. So all specimen signatures be replaced after every five years. This eliminates old features and always a signature for five years only exists.
P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 49 Digital Signature Digital signature is created by asymmetrically encrypting digitized data from selected signature of the person. The process is done electronically by the computer and it is random and highly intricate. Digital signatures are unique to the individual and can not be imitated. It has no visual identification and, therefore, it is free from usual forging. Contd. . P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 50 Digital Signature Digital signature is required to be recorded in a digital signature certificate and has to be certified by the Certifying Authority created by the statute. To protect the digital signature from its fraudulent use the author of it has to take precaution to protect the password carefully and not to disclose the same to any one. If need be, he should change the password. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 51 Fingerprints They are unique They are permanent They can not be forged Palm surfaces of hands and soles of feet have friction ridges. The ridges are raised skin surfaces. They give marks /impressions. Up till now no identical fingerprints are identified. In banking affixing fingerprint by fraudster is common modus operandi. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 52 Fingerprint Visible Prints Finger is smeared with ink and impression is taken. Latent Print There are small pores on the friction ridges of hand and feet which exude perspiration. It spreads all over the palm surface. Evaporation of the perspiration leaves behind the concentration of non- volatile constituents on the ridges. This colorless material leaves marks on the surface that comes into contact. They are made visible by physical and chemical methods. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 53 Material Alteration Changes character of the instrument. Changes liabilities. Changes beneficiaries. Changes field of operation. Changes period of operation. Alterations are made by additions / deletions / substitution / obliteration (masking). Material alteration in banking is found on cheques / DD / loan documents / records etc. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 54 Bank Fraud first consideration Minimum loss. Minimal adverse publicity. Protection of evidence. Proper legal process. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 55 Bank Fraud Immediate Actions When fraud comes to notice you are first person in charge of the situation to start actions. Take into possession all the involved documents for safe keeping. Inform your superior officers and take guidance. Inform vigilance and inspection / audit depts.
Contd. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 56 Bank Fraud Immediate Actions If outsider is involved, after consulting your superiors, inform police. Try to understand modus operandi and collect details. When your superiors / police arrive on the scene follow their instructions and give them freedom to pursue their lines of action. P. R. KULKARNI - Consultant Banking, Law and Banking Technology and Author, Pune. 57