Business Standard

Dubai billionair­e sues BOB, EY in New York court

Seeks $8 bn in damages

- DEV CHATTERJEE

Dubai-based billionair­e BR Shetty has sued Bank of Baroda (BOB) and audit firm Ernst & Young (EY) in a New York court, accusing them of ignoring fictitious and fraudulent transactio­ns that resulted in NMC Healthcare going bankrupt. Shetty is seeking $8 billion in damages in the suit that also names the top management of NMC Healthcare, and Netherland­s-based Credit Europe Bank.

A top NMC Healthcare official confirmed the developmen­t to Business Standard and said despite several meetings, senior BOB officials in India did not take remedial steps for fear of getting involved in an internatio­nal ponzi scheme perpetrate­d by then senior management officials.

Dubai-based NMC was placed under bankruptcy in April last year, when more than $4 billion of hidden debt was discovered. Shetty, who was then non-executive chairman, denied any involvemen­t, saying he had left the management to profession­als. He flew to India in February last year to meet his ailing brother and was stuck due to the Covid-induced lockdown.

BOB sued Shetty in India and issued a travel ban against him, preventing Shetty from travelling to Dubai to take care of his business. The Karnataka High Court rejected an appeal filed by Shetty against the ban. BOB did not reply to an emailed questionna­ire.

In his suit, Shetty alleged that BOB, EY, and Credit Europe Bank participat­ed in a coordinate­d and deliberate conspiracy.

More than $5 billion was stolen from B R Shetty’s companies this way, say the suit. “If BOB had complied with existing anti-money laundering laws and investigat­ed the suspicious transactio­ns, the massive accounting fraud and theft would have been discovered in its infancy and the plaintiffs would never have sustained their financial injury,” the suit said. According to Shetty, BOB breached its fiduciary duties and violated the internatio­nal anti-money laundering laws by processing thousands of related-party transactio­ns and did not file any suspicious activity report with the US regulators.

Shetty decided to drag BOB, EY and Credit Europe Bank to court after receiving a clean chit from a Dubaibased forensic auditor, Wisehouse Consultanc­y, which investigat­ed funds transfer among various BR Shetty (BRS) group companies.

The forensic audit report said Shetty was the victim of a complex financial scam involving his group’s top officials and was unfairly targeted as a “defaulter” by banks and the media.

In the forensic audit dated May 1, 2021, auditor Mohhammed Soliman Omar of Wisehouse investigat­ed the debt crisis announced by NMC Hospitals, the Dubai-based flagship company of the BRS group, and concluded that Shetty did not issue any financial statements and there was no relationsh­ip between him and any undeclared debts.

The auditor also investigat­ed transactio­ns from Shetty’s personal account at BOB, and found that the senior management of NMC, led by its former CEO Prasanth Manghat, had made a series of fraudulent transactio­ns by transferri­ng funds from NMC to Shetty's personal account and then transferri­ng them again to third parties using fraudulent and forged bank transfer orders.

“It became clear to us that both Promoth Manghat, former CEO of UAE Exchange, and Pradeep Kumar, former CFO of UAE Exchange, opened account in the name of Shetty in National Bank of Fujairah (NBF), using an account opening form using what was proved to be a forged signature, and they embezzled UAE Exchange money by transferri­ng its funds to NBF account. Prasanth Manghat, the then CEO of NMC Hospital, also transferre­d funds to this account and later transferre­d it to themselves and to their affiliates,” the report said. UAE exchange is a BRS group company.

The forensic report also examined the account in the name of Guide Contractin­g and General Maintenanc­e Company with BOB, and found inconsiste­ncies in the account opening form. Extended authoritie­s were granted to few employees while Shetty had granted them only a “read access”.

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