Issue 23 – Insights 3
Insights – SFIO: Will hold you by your (White) Collar!
The birth of the SFIO
In the light of rising corporate frauds and scams, the government set up a Committee on Corporate Governance under the Chairmanship of Shri Naresh Chandra, former Cabinet Secretary. The Naresh Chandra Committee inter-alia recommended setting up of the Serious Fraud investigation Office (SFIO). The organisation has been established in 2003.
Key highlights of the SFIO
- A multi-disciplinary organisation established for detecting and prosecuting or recommending for prosecution white collar crimes/frauds.
- Under the jurisdiction of the Ministry of Corporate Affairs.
- Consists of experts in the field of accountancy, forensic auditing, banking, law, information technology, investigation, company law, capital market and taxation etc.
- Will investigate serious cases of fraud received from Department of Company Affairs. SFIO may also take up cases on its own at the discretion of the Director who is in the rank of Joint Secretary to the government of India.
- The SFIO would make investigations under the provisions of the Companies Act and forward the investigated reports on violations of the provisions of other acts to the concerned agencies for prosecution/appropriate action.
- The SFIO will normally take up for investigation only such cases, which are highly complex and have bearing on many legislations and department / agencies. Substantial public interest is at stake in such cases.
- Cases referred to SFIO shall be investigated only by it and not by any other investigating agency or department of the Government. Further action by other agencies can be taken only after the SFIO submits its report to the Central government.