Sunday, December 6, 2020

Providence Capital | Another Economical Scam & The Need to Speak Up – The Whistleblower

 


Kaushik Banerjee, originally from Kolkata, was an employee of a company in Hyderabad where he had posed himself as an expert share market trader. He had promised a 10%-per-month return to those who invested through him, supposedly in the share market. Paying the 10% dividends to his colleagues for the initial few months gained him immense trust of other colleagues and soon people started rushing to invest with Kaushik. According to CCS Hyderabad, today, an estimate total amount of money collect by Kaushik sums up to Rs. 40 crores or even more.

--- Image - Rekha & Kaushi Banerjee

The main characteristic of a Ponzi scheme is where a company or a person takes in money and provides high returns, without actually conducting any kind of business from the investments taken in. Similarly, it is known today that Kaushik was never into any kind of share market trading and simply returned a monthly 10% back to the investor against the total deposit taken from him/her. This high return of 10% per month created a cascading effect through word of mouth which led to more and more people investing with Kaushik. Kaushik eventually left his job and became a full-time deposit-taker, and thus this story of a new Ponzi scam born.

As we know, Ponzi scams have short lives and this one too subsequently burst out about five months ago when Kaushik absconded with all the money collected from over a thousand people. A few of the investors (not named herein) approached Shahbaz Ahmed Khan (who played a substantial role in exposing other major scams such as Heera Gold, IMA) and informed him of what had happened. Shahbaz Ahmed Khan and his team members along with one of the investors managed to file an FIR under IPC 420 & IT Act after which Officer Srinivasa Rao acted and nabbed Kaushik and his accomplice Rekha from Pune.

Today, more than four FIRs have been filed in various police stations in Hyderabad, and CCS Hyderabad is working on registering TDPFE/BUDS to the case. Investors have visited CCS and a few of them have confronted Kaushik Banerjee and Rekha and have realized the breach of trust done by them. Investors demand that all bank accounts of the immediate relatives of both Kaushik and Rekha and others involved in the scam, be scrutinized for the purpose of maximum recovery.

Shahbaz Ahmed Khan’s constant fight against such economic fraudsters have created a lot of threat unknown sources yet he continues to raise his voice against them. “Whether you like me, my voice, my ways, or whether you don’t.. it doesn’t matter. What matters is that we need to speak up against injustice and force our government to create more stringent laws to eliminate the possibility of any such economical scams in future. Until then, the responsibilities lie in the hands of the Whistleblowers,” he said.

We salute the tireless efforts of Mr. Shahbaz Ahmed Khan in exposing such scams and making sure the guilty get prosecuted, and we urge more people to speak up against injustice.. that’s a minimum we must do.

--- By Victims of Heera Gold, IMA, Providence Capital.

Monday, August 24, 2020

Heera Group Scam | MCA (ROC) Companies Act | What Would SFIO Add To The Case?


Heera Group Scam | ROC Case Hyderabad

Nowhera Shaikh was examined on November 15, 2019, and when the court questioned about the business module and company whereabouts, all that she stated was that all company documents were seized by ACP Ram Kumar, CCS, Hyderabad. She had nothing to offer in defence.

Given this situation, what purpose would it serve to club the cases and send them to SFIO? Where is CCS lacking? What about the foreign businesses and bank accounts that are known to all of us? Why not hand it over to CBI? Heera Group had no business on ground which is why they have no defence. "Ponzi," as stated by SEBI, ED, CCS, Mumbai EOW and other bodies investigating.

Whatever investigating body would be investigating the Heera Group case after a Supreme Court direction, investors need a thorough investigation to the least with prosecution of all directors, promoters, vendors (branch incharge), and agents, and liquidation of assets on an urgent basis.

In the interest of Heera Group Investors.

Wednesday, August 19, 2020

Heera Group Latest Update | Composed on August 19, 2020

Image: Enforcement Directorate Attachment of Tolichowki Land in the Heera Group Case.

*Heera Group Latest Update | Composed on August 19, 2020*

*SC - Virtual Hearing:*
We have a tentative (not confirmed) date on September 28th. Dates are being postponed because of the Coronavirus situation.

*SC - Physical Hearing:*
The Supreme Court has decided to start physical hearings for around 500 cases that they consider to be most important. HG is unfortunately not on the list.

*HC - Bombay:*
Nowhera Shaikh has withdrawn her bail application from Mumbai HC.

*Way Forward:*
We will have to wait for a Supreme Court liquidation order.

NS has not submitted anything in defence.  all that she is asking is for the cases to be transferred to SFIO, claiming that she is a victim of political conspiracy.  CCS who is currently investigating the case was asking for the supreme court to return back all cases to them, stating that SFIO has already been assisting them in the case.

Heera Victims Association is fighting for liquidation and suggesting that the case be better transferred to CBI since there is foreign investments and self-proclaimed (by Heera Group) foreign businesses involved.

Once the court opens, we assume that it will take anywhere between 5 to 7 hearings in court for the court to come to any kind of conclusion, but we are hopeful to get a liquidation order since Heera group has already agreed for liquidation as evident in the January 15th 2020 Mumbai High Court order.

Once Supreme Court issues the liquidation order, the competent authority will issue a public notice declaring a final date after which no complaints on the company will be entertained.  Once the window closes, the competent authority will verify all claims and put all attached properties for auction.

This procedure will take anywhere between one and half year to three or even four years to complete, depending on how well we follow up.

In between all this, the most important thing to watch out is the final date issued via public notice by the competent authority.  If Nowhera Shaikh gets bail before the final date, then it becomes easier for the noncomplianants to decide whether they need to register their complaints or not.  If she comes out and pays as most of the noncomplainants expect her to do, then everything is clear, and if she fails to pay then the decision to register claims becomes easier.

In case Nowhera Shaikh does not get bail before the final date, then the non complainants will have to decide whether to register their claim before the final date or to completely put their trust on Nowhera Sheikh.

1.  Liquidation order.
2.  Public notice informing last date 
3.  Auction of property.
4.  Disbursement.

Once the final date goes by, you cannot file your complaint against Heera Group as the law will consider it winded up.

Tuesday, July 7, 2020

Heera Group Scam | An Open Letter to the Chief Justice of India, Supreme Court of India



To,

The Chief Justice of India
Supreme Court of India

Re:  Heera Group Scam Case 

We have been following the investigations and court proceedings in almost all the cases registered against the CEO of Heera Group of Companies and we am extremely disheartened by the way of its progress.  We have lost our hard-earned money and look up to this honorable court as our final hope for justice.  We are listing below a few points for this honorable court to take cognizance of in the interest of all the investors of Heera Group of Companies:

OUR OBJECTIONS TO THE SUBMISSIONS OF THE PETITIONER (NOWHERA SHAIKH):

1.  In the LIST OF DATES AND EVENTS (section tagged 1998), I object to the following submissions:
a)  That Nowhera Shaikh is a highly educated woman; false.
b)  That the name of the madrassa is Gamiyan Iswan; it is Jamiat un Niswa As Salaf, abbreviated JNAS.
c)  That the petitioner has started textile and jewelry business in 1998 is false and it is general knowledge that the first company to be registered as Nowhera Shaikh as director was not before 2009.

2.  In the LIST OF DATES AND EVENTS (section tagged 12.11.2017), I object to the following submissions:
a)  That the company has been paying dividends to its customers for the last 15 years without fail; false and cannot be proven or submitted in this honorable court by Heera Group or anybody associated with it; the first registration of any of the company under the banner of Heera Group was not before the year 2009.
b)  That the petition decided to pay dividends on quarterly basis and not monthly basis as empowered by terms and condition contracted between company and investor; there was no standard Term and Condition document ever issued and never was one made available online, and investigating agencies have made submissions after investigation that the company did not have the necessary permission from RBI or other Government bodies to take in investment from the public, also cited in the order by Justice Shamim Akhtar of Telangana High Court.


FACTS OF THE CASE KNOWN TO US:

Going through the petition, the petitioner is addressing us as Customers and then as Investors, and have used the word Dividends, which is a discrepancy in composition that should be questioned.

1.  The first company registered under the banner of Heera group of companies was done not before the year 2009; same is also admitted by the petitioner in this court.

2.  The petitioner and company had issued Shareholding Certificates to its investors from the year 2009 to the year 2012. The petitioner and company issued Membership Certificates to its investors from the year 2012 to 2014. A video uploaded in the official YouTube channel of the Petitioner named Heera Group Official, shows video proof of a share certificate.  There is an investors’ study that I request this honorable court to check – Title:  How did Heera Group cheat us:  https://www.youtube.com/watch?v=1FidA5aQkQU  A detailed study of the internal functioning of Heera Group.

3.  That the Heera Group of Companies were having about 74 branches across the Country and abroad and engaged more than 430 Marketing Executives (MEs) and over a 1000 Direct Selling Agents (DSAs) in order to collect the deposits from the prospective investors.  These agents were trained to trick the gullible investors.

4.  That after the petitioner and company failed to hand out dividends in the month of May 2018, several internal policy changes were executed by the company despite which all investors including I gave the company more time to resolve, and only after the company failed to pay the dividends or return the capital against withdrawals submitted by over 10,000 investors, did the first FIR was registered in the month of September 2018 at Banjara Hills Police Station.


5.  That never did the petitioner claim political conspiracy leading to downfall or loss to the company, but claimed so only after the arrest of the petitioner in the Banjara Hills FIR. We investors were told that the delay in paying the dividends were because of the overburdening of company work due to GST.

6.  That we have come to know that Heera Group has changed Chartered Accountants on a yearly basis so as no one single Chartered Accountant may know of the internal happenings of the company/companies.

7.  That we are now know that none of the company under the Heera Group banner had any kind of legal permission to collect money in the form of deposits or investments from the people.

8.  That the total amount of investments taken in per CCS report is around Rs. 5600 crores (Rupees Five Thousand Six Hundred Crores) with lakhs of people affected, not only from the resident Indians but also from NRIs and citizens of other countries, and Heera Group had opened more than 240 bank accounts to take in these investments with the intent to confuse the Income Tax Department and other authorities.

9.  That Heera Group, its CEO, or anybody for that matter has no submissions in any court cases registered against them of any kind of “business on ground” as their defense, and all the while Heera Group has been pleading for investigation by a single authority with the sole intention of clubbing up all cases and expecting bail, and that Heera Group has no intention to pay back our money as they had the intention to cheat from the beginning of its establishment, “no business on ground.”


LACK ON PROSECUTION AND PROGRESS IN INVESTIGATION:

1. Out of the 33 accused in all cases against the petitioner and company, only 4 have been arrested and prosecuted.

2. CCS has submitted that SFIO is already helping CCS with the case in the affidavits submitted to Telangana High Court.

3. None of the promoters have been prosecuted or named as accused in any of the FIRs:
a) Aqil Jeddah - Links
b) Meraj Rabbani - Links.
c) Jalaluddin Qasmi - Links.
d) Arshad Basheer Madani - Links.
e) Dr. Shehnaz Shaikh.

4.  That all of the current investigating agencies have failed to prosecute any of Marketing Executives or Direct Selling Agent even though it is it evident that they knew the ins and outs of the company, today have made a fortune out of this scam, rendering most of the investors poor and in debt.

OUR PLEA:

We are dissatisfied by the pace and progress of the investigation undertaken by CCS, Hyderabad, assisted by SFIO, and there ample information that establishes foreign investments not only by Indian nationals but by citizens of other countries; Pakistan, Bangladesh, Srilanka, to name a few:

1. Transfer the investigation to CBI so that they find out the foreign investments taken in by Heera Group of Companies and also find out the businesses operated by Heera Group in Gulf countries as claimed by Heera Group; and so that the Ulema and religious scholars who lured in susceptible people to invest their hard earned money into various schemes floated by the several sham companies of the group, be punished;

2. Liquidate the attached properties as soon as possible as there are news that a couple of investors have committed suicide and several of the investors are died already, and a couple of investors have resorted to begging on the streets after investing all their savings in this group who promised us Interest Free and Halal (Legal) Trade.

Heera Group has agreed to liquidate - Jan 15, 2020, Bombay High Court Order.


We urge the Supreme Court of India to take note that Heera Group has been disposing off the properties not attached by all existing investigating agencies, which is making most of us lose faith in the police system.  CCS, Mumbai EOW, Karnataka Police, none of them have done satisfactory work in this case.  Our only hope is that the investigation be handed over to the Central Bureau of Investigations with a timeframe to complete investigation as early as can be possible, with immediately liquidation of the attached properties and monies in the bank accounts of Heera Group of Companies, seized by the authorities.

Yours truly,

Victims of the Heera Group of Companies Scam

Heera Group Ponzi Scam | Land behind JNAS | Benamis Not Attached | Ismail Shaikh

The land behind JNAS madrassa, Tirupati, belongs to Ismail Shaikh (Nowhera Shaikh's brother), Yasin Baig (Ismail Shaikh's brother-in-law), and Noorullah. Did CCS attach this benami property?



Heera Group complainants are not satisfied by the investigation conducted by CCS, Hyderabad, Mumbai EOW.

Y. Sayed

Friday, January 24, 2020

Four Shell Companies Left Out of Heera Gold Scam Investigations

There are four companies that have been left out of investigation in the Heera Group of Companies cases.  Almas Retail Trading private limited, Almas Gold private limited, Diamond Gold Trading private limited, and Diamond Gold Manufacturing private limited.  CCS Hyderabad, Mumbai EOW, and others, all have omitted these four companies in their investigation.

The primary Investment-Taking Company named Heera Gold Exim limited has Khamar Jaan Shaikh as a director in it per the official website of Minister of Corporate Affairs and Khamar Jaan Shaikh also is director in Almas Retail Trading Pvt. Ltd., Almas Gold Pvt. Ltd., Diamond Gold Trading Pvt. Ltd., and Diamond Gold Manufacturing Pvt. Ltd.  Khamar Jahan Shaikh is a younger sister (immediate family) of Nowhera Shaikh, and the other director of these four companies mentioned herein is one named Muneera Shaikh who also is a younger sister immediate family of Nowhera Shaikh's.



A simple search on the Minister of Corporate Affairs website on Heera Gold Exim Ltd. and its directors by any investigating agency would have easily revealed the facts of these four companies, which have not been done by any of the existing investigating agencies investigating the cases registered against the petitioner.

Heera Gold Exim Ltd.: https://www.zaubacorp.com/company/HEERA-GOLD-EXIM-LIMITED/U27310TG2010PLC070570
Nowhera Shaik (Petitioner of 2455/2019) Director
Khamar Jahan Shaik (sister of Nowhera Shaikh) Director
Mohammed Ashraf Shaik Director
Naheena Director
Mubarak Jan Shaik Director

Almas Retail Trading Pvt. Ltd.: https://www.zaubacorp.com/company/ALMAS-RETAIL-TRADING-PRIVATE-LIMITED/U27310TG2016PTC103539
Khamar Jahan Shaik (s/o Nowhera Shaikh) Director
Muneera Shaik (s/o Nowhera Shaikh) Director

Almas Gold Pvt. Ltd: https://www.zaubacorp.com/company/ALMAS-GOLD-PRIVATE-LIMITED/U27310TG2016PTC103541
Khamar Jahan Shaik Director
Muneera Shaik Director

Diamond Gold Trading Pvt. Ltd.: https://www.zaubacorp.com/company/DIAMOND-GOLD-TRADING-PRIVATE-LIMITED/U27310TG2016PTC103542
Khamar Jahan Shaik Director
Muneera Shaik Director

Diamond Gold Manufacturing Pvt. Ltd.: https://www.zaubacorp.com/company/DIAMOND-GOLD-MANUFACTURING-PRIVATE-LIMITED/U27310TG2016PTC103543
Khamar Jahan Shaik Director
Muneera Shaik Director

Why have the investigating agencies, including Mumbai EOW, CCS Hyderabad, and SFIO who is aiding CCS in Hyderabad, not taken the above-mentioned four companies (Almas Retail Trading Pvt. Ltd., Almas Gold Pvt. Ltd., Diamond Gold Trading Pvt. Ltd., Diamond Gold Manufacturing Pvt. Ltd.) into investigation.  Depositors’ cases are against the primary company named Heera Gold Exim Ltd., and Khamar Jahan Shaik being the director of Heera Gold Exim Ltd. warrants investigation on all other companies and bank accounts belonging to her.  This would definitely put light on the massive backdoor corruption that has happened in the case.

Y. Sayed

Monday, January 20, 2020

Why has Heera Group agreed to pay Maharashtra?


There are three states in which Heera Group has its properties - Maharashtra, Telangana, and Karnataka.  Maharashtra has the maximum number of noncomplainants (over 500 crores).  Two competent authorities have been attaching properties of Heera Group, one in Mumbai and the other in Telangana.

Competent authority of Mumbai has only 44 crore worth property and 21 crore worth cash in bank.  Competent Authority of Telangana has around 250 crore worth property attached.

*Maharashtra*
- Complainant Amount: 34 Crores
- Property & Cash: 44 + 21 = 65 Crores
Noncomplainants: 500 Crores ++

*Telangana*
- Complainant Amount: 20 Crores.
- Property: 250 Crores ++
Noncomplainants: 100 Crores

From what I can make out, Heera Group is thinking to settle Maharashtra by using the 44 crore property and 21 crore bank account when the total outstanding in more than 550 crore minimum.  If they manage to settle Maharashtra, then they dump the 500 Crore noncomplainants of Maharashtra.  And Telangana can be easily settled because of the less number of Investors and more worth of properties in Telangana.

Heera Group will save at least 300 crores at the cost of Maharashtra noncomplainants, and all noncomplainants of Maharashtra will be left at the mercy of Nowhera Shaikh.

If Nowhera Shaikh comes out and does not pay, who will be held responsible then?  And what about investors of other states such as Gujarat, Rajasthan, Kerala, Uttar Pradesh, Jharkhand, Delhi?  What about the NRIs of UAE, Saudi, Kuwait?

Regardless, agreeing to pay amounts to agreeing of having had taken deposits, which means *guilt admitted.*

The endgame has begun.  Go register your claims.

Y. Sayed

Is the Hon'ble Supreme Court being taken for a Royal Ride by Heera Group?

  To all those connected with/following the Heera Group case in the Hon'ble Supreme Court of India. Re:  W.P.(Crl.) No. 31/2020 in the H...