Benefits of Debit Cards
We all want the convenience that a credit card offers; pay for bills over the phone, shop on the internet, make hotel reservations from the comfort of your room, pay at places where personal checks are not accepted, and all other benefits. However, these conveniences provided have often blinded people from the serious dangers of using credit cards. The worst of these is the illusion that is often created. Most people forget they don’t actually own the money they are spending. This realization always comes when people become faced with the realities of paying the huge debts they have accumulated from irresponsible use of credit cards.
This is often the starting point for the numerous benefits of a debit card. Debit cards can instill financial discipline that credit cards, in most cases, destroy. With a debit card, all your purchases and expenses are directly deducted from your checking account. So, your expenditures are always limited to what the money in your checking account can cover. If you don’t get it; the primary advantage of this arrangement is that you don’t get haunted, by purchases or other financial decisions you made in the past. You might get broke after an uncontrolled spending spree, but you won’t be expected to pay the debts and the neck breaking interest months after you make that mistake.
In essence, debit cards bring you all the conveniences that come with a credit card. You can use your debit card anywhere a credit card is accepted, with very reasonable fees – no fees in most cases, and no interest to worry about months later. Although debit cards too have some disadvantages like, you might get really broke after an uncontrolled spending and the fact that debit card cannot rebuild your credit, if you have a damaged credit already. So, in the end you still have to compare the benefits and make the choice most suited to your condition and habits. But if you are really concerned about spending money you don’t have, or if you have been very irresponsible with a credit card, debit cards might just be the best way to go.
What It Takes to Become a Millionaire
What it takes to become a millionaire is going to surprise you because it is not what most people make it seem. For most millionaires they just get a job and start to save. Remember, that the average millionaire is 46 years old so if you want the secret to become a millionaire by the age of 30 then you just need to work smart and make your money work hard for you.
If you want to become a millionaire there are a few things you need to know. First thing is that millionaires are not uncommon in today’s society, the average millionaire drives a ford, works a full time job, lives in a modest house and lives within their means. As you can see nothing about today’s millionaire would make you believe they have money and that is the key to becoming a millionaire. The two biggest things people spend money on in their life are cars and houses, so if you can save by living in a modest house and driving a used reliable car for several years you will save a lot of money which will put you much closer to becoming a millionaire.
The second thing you need to know is that millionaires today have found ways to make their money work for them instead of them working harder for their money. What this means is that millionaires find investments that work and give them interest for every dollar they invest which in turn means they don’t have to work as much to reach that all mighty million dollar mark. If you want to make your money work for you then I highly suggest opening up an IRA or some kind of investment so that you can take advantage of interest.
The last thing that will help you become a millionaire is to make money quickly. The secret that many millionaires have in today’s society is they learned a quick way to make money whether it is with stocks, business ventures, home business ideas, inventions, or even selling things on eBay. No matter what it is they do they have found a quick way to make extra money and then use that extra money to either invest or just put away.
Banking Fraud – Prevention and Control
Banking Fraud is posing threat to Indian Economy. Its vibrant effect can be understood be the fact that in the year 2004 number of Cyber Crime were 347 in India which rose to 481 in 2005 showing an increase of 38.5% while I.P.C. category crime stood at 302 in 2005 including 186 cases of cyber fraud and 68 cases cyber forgery. Thus it becomes very important that occurrence of such frauds should be minimized. More upsetting is the fact that such frauds are entering in Banking Sector as well.
In the present day, Global Scenario Banking System has acquired new dimensions. Banking did spread in India. Today, the banking system has entered into competitive markets in areas covering resource mobilization, human resource development, customer services and credit management as well.
Indian’s banking system has several outstanding achievements to its credit, the most striking of which is its reach. In fact, Indian banks are now spread out into the remotest areas of our country. Indian banking, which was operating in a highly comfortable and protected environment till the beginning of 1990s, has been pushed into the choppy waters of intense competition.
A sound banking system should possess three basic characteristics to protect depositor’s interest and public faith. Theses are (i) a fraud free culture, (ii) a time tested Best Practice Code, and (iii) an in house immediate grievance remedial system. All these conditions are their missing or extremely weak in India. Section 5(b) of the Banking Regulation Act, 1949 defines banking… “Banking is the accepting for the purpose of lending or investment, deposits of money from the purpose of lending or investment, deposits of money from the public, repayable on demand or otherwise and withdraw able by cheque, draft, order or otherwise.” But if his money has fraudulently been drawn from the bank the latter is under strict obligation to pay the depositor. The bank therefore has to ensure at all times that the money of the depositors is not drawn fraudulently. Time has come when the security aspects of the banks have to be dealt with on priority basis.
The banking system in our country has been taking care of all segments of our socio-economic set up. The Article contains a discussion on the rise of banking frauds and various methods that can be used to avoid such frauds. A bank fraud is a deliberate act of omission or commission by any person carried out in the course of banking transactions or in the books of accounts, resulting in wrongful gain to any person for a temporary period or otherwise, with or without any monetary loss to the bank. The relevant provisions of Indian Penal Code, Criminal Procedure Code, Indian Contract Act, and Negotiable Instruments Act relating to banking frauds has been cited in the present Article.
EVOLUTION OF BANKING SYSTEM IN INDIA
Banking system occupies an important place in a nation’s economy. A banking institution is indispensable in a modern society. It plays a pivotal role in economic development of a country and forms the core of the money market in an advanced country.
Banking industry in India has traversed a long way to assume its present stature. It has undergone a major structural transformation after the nationalization of 14 major commercial banks in 1969 and 6 more on 15 April 1980. The Indian banking system is unique and perhaps has no parallels in the banking history of any country in the world.
RESERVE BANK OF INDIA-ECONOMIC AND SOCIAL OBJECTIVE
The Reserve Bank of India has an important role to play in the maintenance of the exchange value of the rupee in view of the close interdependence of international trade and national economic growth and well being. This aspect is of the wider responsibly of the central bank for the maintenance of economic and financial stability. For this the bank is entrusted with the custody and the management of country’s international reserves; it acts also as the agent of the government in respect of India’s membership of the international monetary fund. With economic development the bank also performs a variety of developmental and promotional functions which in the past were registered being outside the normal purview of central banking. It also acts an important regulator.
BANK FRAUDS: CONCEPT AND DIMENSIONS
Banks are the engines that drive the operations in the financial sector, which is vital for the economy. With the nationalization of banks in 1969, they also have emerged as engines for social change. After Independence, the banks have passed through three stages. They have moved from the character based lending to ideology based lending to today competitiveness based lending in the context of India’s economic liberalization policies and the process of linking with the global economy.
While the operations of the bank have become increasingly significant banking frauds in banks are also increasing and fraudsters are becoming more and more sophisticated and ingenious. In a bid to keep pace with the changing times, the banking sector has diversified it business manifold. And the old philosophy of class banking has been replaced by mass banking. The challenge in management of social responsibility with economic viability has increased.
DEFINITION OF FRAUD
Fraud is defined as “any behavior by which one person intends to gain a dishonest advantage over another”. In other words , fraud is an act or omission which is intended to cause wrongful gain to one person and wrongful loss to the other, either by way of concealment of facts or otherwise.
Fraud is defined u/s 421 of the Indian Penal Code and u/s 17 of the Indian Contract Act. Thus essential elements of frauds are:
1. There must be a representation and assertion;
2. It must relate to a fact;
3. It must be with the knowledge that it is false or without belief in its truth; and
4. It must induce another to act upon the assertion in question or to do or not to do certain act.
BANK FRAUDS
Losses sustained by banks as a result of frauds exceed the losses due to robbery, dacoity, burglary and theft-all put together. Unauthorized credit facilities are extended for illegal gratification such as case credit allowed against pledge of goods, hypothecation of goods against bills or against book debts. Common modus operandi are, pledging of spurious goods, inletting the value of goods, hypothecating goods to more than one bank, fraudulent removal of goods with the knowledge and connivance of in negligence of bank staff, pledging of goods belonging to a third party. Goods hypothecated to a bank are found to contain obsolete stocks packed in between goods stocks and case of shortage in weight is not uncommon.
An analysis made of cases brings out broadly the under mentioned four major elements responsible for the commission of frauds in banks.
1. Active involvement of the staff-both supervisor and clerical either independent of external elements or in connivance with outsiders.
2. Failure on the part of the bank staff to follow meticulously laid down instructions and guidelines.
3. External elements perpetuating frauds on banks by forgeries or manipulations of cheques, drafts and other instruments.
4. There has been a growing collusion between business, top banks executives, civil servants and politicians in power to defraud the banks, by getting the rules bent, regulations flouted and banking norms thrown to the winds.
FRAUDS-PREVENTION AND DETECTION
A close study of any fraud in bank reveals many common basic features. There may have been negligence or dishonesty at some stage, on part of one or more of the bank employees. One of them may have colluded with the borrower. The bank official may have been putting up with the borrower’s sharp practices for a personal gain. The proper care which was expected of the staff, as custodians of banks interest may not have been taken. The bank’s rules and procedures laid down in the Manual instructions and the circulars may not have been observed or may have been deliberately ignored.
Bank frauds are the failure of the banker. It does not mean that the external frauds do not defraud banks. But if the banker is upright and knows his job, the task of defrauder will become extremely difficult, if not possible.
Detection of Frauds
Despite all care and vigilance there may still be some frauds, though their number, periodicity and intensity may be considerably reduced. The following procedure would be very helpful if taken into consideration:
1. All relevant data-papers, documents etc. Should be promptly collected. Original vouchers or other papers forming the basis of the investigation should be kept under lock and key.
2. All persons in the bank who may be knowing something about the time, place a modus operandi of the fraud should be examined and their statements should be recorded.
3. The probable order of events should thereafter be reconstructed by the officer, in his own mind.
4. It is advisable to keep the central office informed about the fraud and further developments in regard thereto.
Classification of Frauds and Action Required by Banks
The Reserve Bank of India had set-up a high level committee in 1992 which was headed by Mr. A… Ghosh, the then Dy. Governor Reserve Bank of India to inquire into various aspects relating to frauds malpractice in banks. The committee had noticed/observed three major causes for perpetration of fraud as given hereunder:
1. Laxity in observance of the laid down system and procedures by operational and supervising staff.
2. Over confidence reposed in the clients who indulged in breach of trust.
3. Unscrupulous clients by taking advantages of the laxity in observance of established, time tested safeguards also committed frauds.
In order to have uniformity in reporting cases of frauds, RBI considered the question of classification of bank frauds on the basis of the provisions of the IPC.
Given below are the Provisions and their Remedial measures that can be taken.
1. Cheating (Section 415, IPC)
Remedial Measures.
The preventive measures in respect of the cheating can be concentrated on cross-checking regarding identity, genuineness, verification of particulars, etc. in respect of various instruments as well as persons involved in encashment or dealing with the property of the bank.
2. Criminal misappropriation of property (Section 403 IPC).
Remedial Measure
Criminal misappropriation of property, presuppose the custody or control of funds or property, so subjected, with that of the person committing such frauds. Preventive measures, for this class of fraud should be taken at the level the custody or control of the funds or property of the bank generally vests. Such a measure should be sufficient, it is extended to these persons who are actually handling or having actual custody or control of the fund or movable properties of the bank.
3. Criminal breach of trust (Section 405, IPC)
Remedial Measure
Care should be taken from the initial step when a person comes to the bank. Care needs to be taken at the time of recruitment in bank as well.
4. Forgery (Section 463, IPC)
Remedial Measure
Both the prevention and detection of frauds through forgery are important for a bank. Forgery of signatures is the most frequent fraud in banking business. The bank should take special care when the instrument has been presented either bearer or order; in case a bank pays forged instrument he would be liable for the loss to the genuine costumer.
5. Falsification of accounts (Section 477A)
Remedial Measure
Proper diligence is required while filling of forms and accounts. The accounts should be rechecked on daily basis.
6. Theft (Section 378, IPC)
Remedial Measures
Encashment of stolen’ cheque can be prevented if the bank clearly specify the age, sex and two visible identify action marks on the body of the person traveler’s cheques on the back of the cheque leaf. This will help the paying bank to easily identify the cheque holder. Theft from lockers and safe deposit vaults are not easy to commit because the master-key remains with the banker and the individual key of the locker is handed over to the costumer with due acknowledgement.
7. Criminal conspiracy (Section 120 A, IPC)
In the case of State of Andhra Pradesh v. IBS Prasad Rao and Other, the accused, who were clerks in a cooperative Central Bank were all convicted of the offences of cheating under Section 420 read along with Section 120 A. all the four accused had conspired together to defraud the bank by making false demand drafts and receipt vouchers.
8. Offences relating to currency notes and banks notes (Section 489 A-489E, IPC)
These sections provide for the protection of currency-notes and bank notes from forgery. The offences under section are:
(a) Counterfeiting currency notes or banks.
(b) Selling, buying or using as genuine, forged or counterfeit currency notes or bank notes. Knowing the same to be forged or counterfeit.
(c) Possession of forged or counterfeit currency notes or bank-notes, knowing or counterfeit and intending to use the same as genuine.
(d) Making or passing instruments or materials for forging or counterfeiting currency notes or banks.
(e) Making or using documents resembling currency-notes or bank notes.
Most of the above provisions are Cognizable Offences under Section 2(c) of the Code of Criminal Procedure, 1973.
FRAUD PRONE AREAS IN DIFFERENT ACCOUNTS
The following are the potential fraud prone areas in Banking Sector. In addition to those areas I have also given kinds of fraud that are common in these areas.
Savings Bank Accounts
The following are some of the examples being played in respect of savings bank accounts:
(a) Cheques bearing the forged signatures of depositors may be presented and paid.
(b) Specimen signatures of the depositors may be changed, particularly after the death of depositors,
(c) Dormant accounts may be operated by dishonest persons with or without collusion of bank employees, and
(d) Unauthorized withdrawals from customer’s accounts by employee of the bank maintaining the savings ledger and later destruction of the recent vouchers by them.
Current Account Fraud
The following types are likely to be committed in case of current accounts.
(a) Opening of frauds in the names of limited companies or firms by unauthorized persons;
(b) Presentation and payment of cheques bearing forged signatures;
(c) Breach of trust by the employees of the companies or firms possessing cheque leaves duly signed by the authorized signatures;
(d) Fraudulent alteration of the amount of the cheques and getting it paid either at the counter or though another bank.
Frauds In Case Of Advances
Following types may be committed in respect of advances:
(a) Spurious gold ornaments may be pledged.
(b) Sub-standard goods may be pledged with the bank or their value may be shown at inflated figures.
(c) Same goods may be hypothecated in favour of different banks.
LEGAL REGIME TO CONTROL BANK FRAUDS
Frauds constitute white-collar crime, committed by unscrupulous persons deftly advantage of loopholes existing in systems/procedures. The ideal situation is one there is no fraud, but taking ground realities of the nation’s environment and human nature’s fragility, an institution should always like to keep the overreach of frauds at the minimum occurrence level.
Following are the relevant sections relating to Bank Frauds
Indian Penal Code (45 of 1860)
(a) Section 23 “Wrongful gain”.-
“Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.
(b) “Wrongful loss”
“Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled.
(c) Gaining wrongfully.
Losing wrongfully-A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property.
(d) Section 24. “Dishonestly”
Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss to another person, is said to do that thing “dishonestly”.
(e) Section 28. “Counterfeit”
A person is said to “counterfeit” who causes one thing to resemble another thing, intending by means of that resemblance to practice deception, or knowing it to be likely that deception will thereby be practiced.
BREACH OF TRUST
1. Section 408- Criminal breach of trust by clerk or servant.
2. Section 409- Criminal breach of trust by public servant, or by banker, merchant or agent.
3. Section 416- Cheating by personating
4. Section 419- Punishment for cheating by personation.
OFFENCES RELATING TO DOCMENTS
1) Section 463-Forgery
2) Section 464 -Making a false document
3) Section 465- Punishment for forgery.
4) Section 467- Forgery of valuable security, will, etc
5) Section 468- Forgery for purpose of cheating
6) Section 469- Forgery for purpose of harming reputation
7) Section 470- Forged document.
Section 471- Using as genuine a forged document
9) Section 477- Fraudulent cancellation, destruction, etc., of will, authority to adopt, or valuable security.
10) Section 477A- Falsification of accounts.
THE RESERVE BANK OF INDIA ACT, 1934
Issue of demand bills and notes Section 31.
Provides that only Bank and except provided by Central Government shall be authorized to draw, accept, make or issue any bill of exchange, hundi, promissory note or engagement for the payment of money payable to bearer on demand, or borrow, owe or take up any sum or sums of money on the bills, hundis or notes payable to bearer on demand of any such person
THE NEGOTIABLE INSTRUMENTS ACT, 1881
Holder’s right to duplicate of lost bill Section 45A.
1. The finder of lost bill or note acquires no title to it. The title remains with the true owner. He is entitled to recover from the true owner.
2. If the finder obtains payment on a lost bill or note in due course, the payee may be able to get a valid discharge for it. But the true owner can recover the money due on the instrument as damages from the finder.
Section 58
When an Instrument is obtained by unlawful means or for unlawful consideration no possessor or indorse who claims through the person who found or so obtained the instrument is entitled to receive the amount due thereon from such maker, acceptor or holder, or from any party prior to such holder, unless such possessor or indorse is, or some person through whom he claims was, a holder thereof in due course.
Section 85:
Cheque payable to order.
1. By this section, bankers are placed in privileged position. It provides that if an order cheque is indorsed by or on behalf of the payee, and the banker on whom it is drawn pays it in due course, the banker is discharged. He can debit his customer with the amount so paid, though the endorsement of the payee might turn out to be a forgery.
2. The claim protection under this section the banker has to prove that the payment was a payment in due course, in good faith and without negligence.
Section 87. Effect of material alteration
Under this section any alteration made without the consent of party would be void. Alteration would be valid only if is made with common intention of the party.
Section 138. Dishonour of cheque for insufficiency, etc., of funds in the account.
Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid. either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice.
Section 141(1) Offences by companies.
If the person committing an offence under Section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
SECURITY REGIME IN BANKING SYSTEM
Security implies sense of safety and of freedom from danger or anxiety. When a banker takes a collateral security, say in the form of gold or a title deed, against the money lent by him, he has a sense of safety and of freedom from anxiety about the possible non-payment of the loan by the borrower. These should be communicated to all strata of the organization through appropriate means. Before staff managers should analyze current practices. Security procedure should be stated explicitly and agreed upon by each user in the specific environment. Such practices ensure information security and enhance availability. Bank security is essentially a defense against unforced attacks by thieves, dacoits and burglars.
PHYSICAL SECURITY MEASURES-CONCEPT
A large part of banks security depends on social security measures. Physical security measures can be defined as those specific and special protective or defensive measures adopted to deter, detect, delay, defend and defeat or to perform any one or more of these functions against culpable acts, both covert and covert and acclamations natural events. The protective or defensive, measures adopted involve construction, installation and deployment of structures, equipment and persons respectively.
The following are few guidelines to check malpractices:
1. To rotate the cash work within the staff.
2. One person should not continue on the same seat for more than two months.
3. Daybook should not be written by the Cashier where an other person is available to the job
4. No cash withdrawal should be allowed within passbook in case of withdrawal by pay order.
5. The branch manager should ensure that all staff members have recorder their presence in the attendance registrar, before starting work.
Execution of Documents
1. A bank officer must adopt a strict professional approach in the execution of documents. The ink and the pen used for the execution must be maintained uniformly.
2. Bank documents should not be typed on a typewriter for execution. These should be invariably handwritten for execution.
3. The execution should always be done in the presence of the officer responsible for obtain them,
4. The borrowers should be asked to sign in full signatures in same style throughout the documents.
5. Unless there is a specific requirement in the document, it should not be got attested or witnessed as such attestation may change the character of the instruments and the documents may subject to ad volrem stamp duty.
6. The paper on which the bank documents are made should be pilfer proof. It should be unique and available to the banks only.
7. The printing of the bank documents should have highly artistic intricate and complex graphics.
8. The documents executed between Banker and Borrowers must be kept in safe custody,
CHANGES IN LEGISLATIONS AFTER ELECTRONIC TRANSACTIONS
1. Section 91 of IPC shall be amended to include electronic documents also.
2. Section 92 of Indian Evidence Act, 1872 shall be amended to include commuter based communications
3. Section 93 of Bankers Book Evidence Act, 1891 has been amended to give legal sanctity for books of account maintained in the electronic form by the banks.
4. Section 94 of the Reserve Bank of India Act, 1939 shall be amended to facilitate electronic fund transfers between the financial institutions and the banks. A new clause (pp) has been inserted in Section 58(2).
RECENT TRENDS OF BANKING SYSTEM IN INDIA
In the banking and financial sectors, the introduction of electronic technology for transactions, settlement of accounts, book-keeping and all other related functions is now an imperative. Increasingly, whether we like it or not, all banking transactions are going to be electronic. The thrust is on commercially important centers, which account for 65 percent of banking business in terms of value. There are now a large number of fully computerized branches across the country.
A switchover from cash-based transactions to paper-based transactions is being accelerated. Magnetic Ink character recognition clearing of cheques is now operational in many cities, beside the four metro cities. In India, the design, management and regulation of electronically-based payments system are becoming the focus of policy deliberations. The imperatives of developing an effective, efficient and speedy payment and settlement systems are getting sharper with introduction of new instruments such as credit cards, telebanking, ATMs, retail Electronic Funds Transfer (EFT) and Electronic Clearing Services (ECS). We are moving towards smart cards, credit and financial Electronic Data Interchange (EDI) for straight through processing.
Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001
Further the Financial Fraud (Investigation, Prosecution, Recovery and Restoration of property) Bill, 2001 was introduced in Parliament to curb the menace of Bank Fraud. The Act was to prohibit, control, investigate financial frauds; recover and restore properties subject to such fraud; prosecute for causing financial fraud and matters connected therewith or incidental thereto.
Under the said act the term Financial Fraud has been defined as under:
Section 512 – Financial Fraud
Financial frauds means and includes any of the following acts committed by a person or with his connivance, or by his agent, in his dealings with any bank or financial institution or any other entity holding public funds;
1. The suggestion, as a fact, of that which is not true, 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 with out 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.
Provided that whoever acquires, possesses or transfers any proceeds of financial fraud or enters into any transaction which is related to proceeds of fraud either directly or indirectly or conceals or aids in the concealment of the proceeds of financial fraud, commits financial fraud.
513(a) – Punishment for Financial Fraud
Whoever commits financial fraud shall be: (a) Punished with rigorous imprisonment for a term, which may extend to seven years and shall also be liable to fine.
(b)Whoever commits serious financial fraud shall be punished with rigorous imprisonment for a term which may extend to ten years but shall not be less than five years and shall also be liable for fine up to double the amount involved in such fraud.
Provided that in both (a) and (b) all funds, bank accounts and properties acquired using such funds subjected to the financial fraud as may reasonably be attributed by the investigating agency shall be recovered and restored to the rightful owner according to the procedure established by law.
CONCLUSION
The Indian Banking Industry has undergone tremendous growth since nationalization of 14 banks in the year 1969. There has an almost eight times increase in the bank branches from about 8000 during 1969 to mote than 60,000 belonging to 289 commercial banks, of which 66 banks are in private sector.
It was the result of two successive Committees on Computerization (Rangarajan Committee) that set the tone for computerization in India. While the first committee drew the blue print in 1983-84 for the mechanization and computerization in banking industry, the second committee set up in 1989 paved the way for integrated use of telecommunications and computers for applying technogical breakthroughs in banking sector.
However, with the spread of banking and banks, frauds have been on a constant increase. It could be a natural corollary to increase in the number of customers who are using banks these days. In the year 2000 alone we have lost Rs 673 crores in as many as 3,072 number of fraud cases. These are only reported figures. Though, this is 0.075% of Rs 8,96,696 crores of total deposits and 0.15% of Rs 4,44,125 crores of loans & advances, there are any numbers of cases that are not reported. There were nearly 65,800 bank branches of a total of 295 commercial banks in India as on June 30, 2001 reporting a total of nearly 3,072 bank fraud cases. This makes nearly 10.4 frauds per bank and roughly 0.47 frauds per branch.
An Expert Committee on Bank Frauds (Chairman: Dr.N.L.Mitra) submitted its Report to RBI in September 2001. The Committee examined and suggested both the preventive and curative aspects of bank frauds.
The important recommendations of the Committee include:
o A need for including financial fraud as a criminal offence;
o Amendments to the IPC by including a new chapter on financial fraud;
o Amendments to the Evidence Act to shift the burden of proof on the accused person;
o Special provision in the Cr. PC for properties involved in the Financial Fraud.
o Confiscating unlawful gains; and preventive measures including the development of Best Code Procedures by banks and financial institutions.
Thus it can be concluded that following measures should necessarily be adopted by the Ministry of Finance in order to reduce cases of Fraud.
o There must be a Special Court to try financial fraud cases of serious nature.
o The law should provide separate structural and recovery procedure. Every bank must have a domestic enquiry officer to enquire about the civil dimension of fraud.
o A fraud involving an amount of ten crore of rupees and above may be considered serious and be tried in the Special Court.
The Twenty-ninth Report of the Law Commission had dealt some categories of crimes one of which is “offences calculated to prevent and obstruct the economic development of the country and endanger its economic health.” Offences relating to Banking Fraud will fall under this category. The most important feature of such offences is that ordinarily they do not involve an individual direct victim. They are punishable because they harm the whole society. It is clear that money involved in Bank belongs to public. They deposit there whole life’ security in Banks and in case of Dacoity or Robbery in banks the public will be al lost. Thus it is important that sufficient efforts should be taken in this regard.
There exists a new kind of threat in cyber world. Writers are referring it as “Salami Attack” under this a special software is used for transferring the amount from the account of the individual. Hence the culprits of such crimes should be found quickly and should be given strict punishment. Moreover there is requirement of more number of IT professionals who will help in finding a solution against all these security threats.
The Disney Junior Games
An assortment of junior games which provides a lot of fun and education and interaction for your kids are manufactured by Disney. Some like the Surprise clubhouse has two favorite characters from the show. The fun begins when you open the box and a surprise gateway magically appears. When different levers and switches are operated the favorite characters will sing and dance and say jokes from the shows. Your kid will love the surprise elements of the game.
The Disney Mouskedoer Toolbox game is an assortment of tools for your child to do a whole lot of fun activities. The tools include a magnifying glass, a cell phone, a megaphone, a telescope, compass and a camera. When your kid presses the buttons corresponding to the characters, they appear and give up to 20 problems to solve. This provides an engaging and learning activity for your kid and an ability to think and solve problems on his own. He is also encouraged to use the tools that are given in the Mouskedoer Toolbox game which allows him a wonderful way to gain knowledge through a fun filled activity set.
The Disney Clubhouse register is actually a fun toy which can be used as a part of a whole lot of games. Your kids could pretend running a store where the cash register is the main part of the activity. Counting is encouraged and the whole set of the tools includes play money, an ATM card, a scanner that’s really cool and makes sounds when you use it and also play grocery items which can be sold against play money. Role playing is also a possibility that the children can play and they would love the whole idea of the Clubhouse register.
How about a Disney Choo-Choo express game? This fun Disney toys are a kid’s delight and with the new DVD that comes paired with the Choo-Choo express game your kids will love it for sure. This express can lay down its own tracks when it moves and plays whistle and the Choo-Choo songs are played. The 12 track pieces can also be laid down to be connected and played.
The Disney Clubhouse hoppers are made of tough gauge vinyl and a sturdy handle that makes hopping around with your favorite Disney characters a whole lotta fun. If your kids love playing outdoors, these hoppers make a great addition to their over all activities. Overall, great for a total fun and entertainment filled activity and for exercises.
How Do Credit Cards With Rewards Points Work?
If you have a new credit card that offers rewards points, but you aren’t quite sure how the system works, the information presented here will help you. Let’s take a look at what credit cards with rewards points programs are, and how you use them.
Rewards points are an incentive to use your credit card. Each time you use your card, you receive points based on the amount of money you charged. These points accumulate and can be redeemed for many different rewards, depending upon the card you’re using. Rewards can include:
Airline miles
Free or discounted gas or groceries
Free or discounted hotel rooms or other travel accommodations
Free tickets to movies or events
Priority alerts and/or admission to events
Cash rebates
Household and entertainment items
Your monthly credit card statement will give you an overview of how many points you’ve earned, based on how much you’ve charged. Credit card companies or your bank will provide you with a catalog of rewards, or have a catalog available for viewing online.
The catalog will outline how many points you need to earn for a given item. If you are redeeming points for airline miles you will have a running total of miles earned. Note that when you redeem airline miles, your reward is calculated differently based on the credit card and your airline.
There is a points to miles conversion that happens that can be a bit confusing. Your airline can help you understand how this works. It’s important to know that your credit card rewards points most likely have an expiration date, so you must pay close attention to that date or you stand to lose your points.
Most points are easily redeemable through the credit card or bank website, or by completing and order form. There are also customer service phone numbers available for all the major cards if you prefer to talk to someone when going through the process of redeeming rewards points.
Having a credit card that offers rewards points is a great thing! For each dollar you charge, you earn points for stuff – how great is that? If you are aiming at a high point, super reward, remember that you have to use your card to get those points (just be wise about it), and remember that if you don’t redeem those points before they expire, you will lose them.
Some people prefer to use their points towards smaller rewards for this reason. Make certain that you are using your credit card wisely and you will find that using your credit card to earn rewards is definitely a “value added” situation.
Two Player Card Games
Two player card games are played for fun and are easy to learn. There are classic two player games and specialty deck card games. Classic two player games can be played with a regular deck of cards. Classic two player games include Bezique, Cribbage, Speed, Crazy Eights, Go Fish and Piquet. Special deck cards are used in specialty deck card games. They include games such as Uno and Phase Ten.
Bezique is a two player card game played with 4 sets of 32 cards. The popular form of Bezique is the Rubicon Bezique. Each player receives nine cards and the remaining cards become the stock. Certain combinations of cards score various points. Pinochle is a two player card game derived from Bezique. Cribbage is a two player card game played with a deck of 52 cards. The scoring device in this game is known as the Cribbage Board. Each player receives six cards. The object of the game is to achieve up to 31 cards. Each player scores points for each series. Costly Colours is a two player game similar to Cribbage. Piquet is a popular two player card game with a deck of 32 cards. The points are given to most cards in a suit, sequence and highest set.
Go Fish is a simple card game popular among children. One player asks another for cards of a particular rank. The player has to place all cards of a particular rank. If the player has no cards of that rank, he says Go Fish. Uno is played with a specially printed deck of cards. Each player receives 7 cards. The player has to play a card that matches the special effect of the exposed card. The special effects in Uno are skip, draw two, reverse and wild.
Crazy Eights is another two player card game. It is played with a 52 card pack. Each player receives 7 cards. The aim is to get rid of the cards by matching the number of previous discard. Spit or Speed is a two player card game with a 52 card pack. Each player receives 26 cards. The aim of a player is to dispose of the cards as fast as possible. Physical speed and alertness is necessary in this game.
Online two player games are also available. The game is played against an online opponent or the computer. Online two player games have user interface, customizable graphics, sound and scoring options. Ecarte and Euchre are popular online games.
Experian Dispute
Experian is a credit card information company that is British. In the mid 1990′s they entered the U. S. market when they bought TRW Information Systems. Here is some additional information about them and how to file an Experian dispute if you need to do so.
To explain exactly what Experian is, it is easier to explain what they do. When you apply for a loan, whether it is a credit card, car loan or mortgage, the place where you are applying will request a report on your past credit history. Experian, along with TranUnion and Equifax are the three biggest companies that collect information for these reports. Some lending institutions only use one of them while others will use two or all three. These three companies charge a fee to the financial institutions for these reports. This is quite different than it was even 20 or 30 years ago when you went to get a loan. It used to be that local banks kept records on their customers but didn’t have access to any other information. Now any financial instution around the world can access your credit history.
The information contained in these reports will help determine if you are eligible for a loan and the interest rate you will have to pay on the loan. You may have seen advertisements for free credit reports or free credit scores. These are the companies that provide those reports also. Understand that most of these offers only give you a free report after you sign up for some type of paid service.
You can get a copy of your credit report directly from Experian by contacting them. Their fee is currently $15 for this report and it will be mailed to you. It is not a bad idea to get a copy of your credit report every year or two so you can see if there is anything on it that doesn’t belong. If you do see something that isn’t correct, you can file a dispute. It is a good idea to file a dispute on any item that is even slightly questionable on your credit report. Remember that having poor credit will cost you more in interest when you do get a loan or even in some cases keep you from getting approved for a loan. Filing an Experian dispute is pretty easy and straightforward. Go to their web site and find the link for disputes. Then just follow the instructions.
What Happens If I Don’t Pay My Credit Card Bills?
When facing amassing credit card debt, it is not uncommon for many individuals to ask “Why pay my credit card bills?” Granted, while this option is there and it may give you some extra cash for a few months, here are a few of the major repercussions you might be facing should you decide to go delinquent on your monthly payments:
1. Creditor/Collection Calls:
This might be the worst part of a delinquent debt-the constant calls from creditors demanding their money. Collectors have been known to call 8-10 times a day, at home, at work, on your cell phone. And these are the ones who follow the rules. Creditors have been reported to speak to bosses, neighbors, and family members (which of course is illegal). Once they get you on the phone they can be even worse. They use a number of psychological techniques to demean you and force you to give them checking account numbers or other bank information. In other words, they will do anything they can to make you pay. (Please keep in mind that your rights are protected by the Federal Trade Commission. To find out more information, please consult the Fair Debt Collection Practices Act.)
2. Damaged Credit Score:
Creditors will begin to report missed payments to credit bureaus which will inevitability have an affect on your credit score. These marks can be removed once a settlement is reached or payments are made.
3. Interest/Late Fees/Over-the-limit fees:
Not paying does not mean that interest will stop accruing. Once you go delinquent, many creditors will immediately raise your interest rate to the highest possible interest rate, about 30%. In addition, they will charge late fee penalties ranging between $30-50, and if your balance exceeds the credit limit, they are more than happy to tack on over-the-limit fees.
4. Legal Action:
Eventually, if a debt becomes very delinquent, a creditor may opt to take legal action which can result in liens, garnished wages, or other legal judgements requiring you to pay your debt. However, this is typically a long and complicated process that companies would like to avoid. Nevertheless, it does happen.
If you are considering not paying your credit card bills, it may be the perfect time to considering professional help. There are a number of financial companies that can help you find a Credit Card Debt Relief solution to your financial dilemmas. Why wait? Contact one today, as the first step in finding a solution to your economical problems is usually asking for help.
Easy Approval Credit Card Applications With a Bad Credit Score
I can still remember seven years ago when I applied for an American Express card online. It took more than one month for me to get approved. Nowadays it’s a lot different. With instant approval, you usually receive notice via email of your acceptance within seconds of completing an online card application. If you have a good to excellent credit record you can even get an easy approval credit card with guaranteed 10,000 limit or an easy instant approval student card, but what happens if have a bad credit score? Are you doomed to pay all your purchases in cash? Certainly not so don’t despair.
The first alternative for people with bad credit score is to get a “secure card.” There are some major card issuers which requires applicants to make a deposit or what we call “secure cards.” If you have a bad paying history, the most logical thing to do is save a little money to be used later on to “pre pay” a card. A secure card is a no credit card because the amount you can charge against the card is determined by the amount of your deposit. If you deposit, for example, $5,000, then you can charge up to $5,000 only. Hence, there is no actual “credit” being extended. Typically, these cards are marketed as no credit credit cards because of the fast, easy instant card approval.
The second alternative is to search for a “bad credit credit plastic” and find an easy approval unsecured credit, but they should try to resolve their bad credit issues and prevent further damage to their credit score.
While there are plenty of bad credit credit plastic choices available, they can do more harm than good if not used wisely. This is one way for a consumer to repair his damaged reputation by making up to date payments on his bad card and eventually upgrading to the real credit card in the future. And also a bad card charges a higher interest rate because of the increased risk to the issuer.
The third option is to apply for a debit card. Debit cards are cards that can be used depending on how much money the user transfers to the specific card. Consequently, the risk of running up credit card debt is nil. There are also no finance charges to contend with, only minimal fees for application, start-up and ATM card.
Credit cards for bad credit score were designed to rebuild credit that had been damaged. For those with no credit or poor credit there are secured credit cards, bad credit credit cards and debit cards but there are also unsecured cards that can be used for this purpose. These cards generally come with low credit lines (around $300) and additional fees. This kind of card will not allow you to on shopping sprees but it will certainly help you restore your damaged credit history. If you’re disciplined and pay all your bills on time you can ask for a credit increase after a while with an end goal of upgrading to an easy approval credit card with guaranteed 10,000 limit. Isn’t that wonderful? But in the meantime let’s concern ourselves with finding easy approval credit card applications with bad credit score.
Taxation of Forgiven Debt – The 1099C & You
Often people fall on hard times and stop paying on credit cards. After a while the account may go to an outside debt collector who might offer a settlement of the debt for 30-40% of the original sum. Once this is paid, the debtor often thinks the matter is closed, but it is not! It is very likely that the creditor will issue a 1099-C. This is a notice to IRS of the forgiven debt. If the debtor does not address this on his return he may get an IRS bill a year or two later with penalties and interest.
A foreclosure on a home may also result in a 1099-C from the mortgage lender if the property is sold for less than the amount of the loan. In this instance, a person loses their home and may also face a tax bill. Usually, the bill comes many months after the tax return was filed as a result of an IRS document matching program. This “under-reporter” notice brings grief to the taxpayer.
The key issue is whether or not the debtor was insolvent. If they were insolvent, it may not be taxable depending on the circumstances. There is an “Insolvency exclusion.” You are insolvent when, and to the extent, your liabilities exceed the fair market value of your assets. So it is possible none of your forgiven debt is taxable or it is possible that all or only a portion of it is counted as income.
You may not have any taxable income from the 1099C, but you must account for it on your return. The issue is whether or not you were solvent at the time of the debt cancellation. You only owe tax on the forgiven debt to the extent you were solvent. For instance, if the forgiven debt was $10,000 but you are only worth $5,000; you would only be liable for income tax on that amount. A home foreclosure is complicated and you may have other legal arguments besides insolvency.
There are five situations where a cancelled debt does not have to be reported as income:
Bankruptcy – the debt was already discharged through a bankruptcy proceeding.
Insolvency – your total debts exceed your total assets at the time your debt was settled or deemed non-collectable.
Indebtedness is due to a qualified farm expense.
Indebtedness is due to certain real property business losses.
Discharge of your debt was treated as a gift (You owed Mom $10K and she said “Don’t worry honey, consider it a gift”).
If you are insolvent you need to explain this to the IRS on your tax return. You can fill out IRS Form 982: Reduction of Tax Attributes Due to Discharge of Indebtedness or attach a detailed letter to your tax return explaining the calculation of your total debts and assets.
Do not ignore a 1099-C! Failure to address the 1099C will result in a tax assessment by the IRS for any amount over $600 plus penalty and interest. This will likely occur 12-18 months after you file when IRS matches up the info reported to them with what is on your tax return. Have a tax professional do your return and they can help you determine how much of the 1099-C is taxable.
If you get a letter from IRS on a 1099-C you left off your return, get help ASAP. Otherwise, IRS might file a Federal Tax Lien and take action. Look for a CPA, Enrolled Agent, Accredited Tax Advisor, Accredited Tax Preparer, or Tax Attorney to help you with serious tax issue. You may call the IRS at 1-800-829-1040 for help as well.
Websites you can check out include:
http://www.irs.gov
http://www.naea.org
http://www.nsacct.org