In India court charges cases against Lalit Modi

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In Mumbai on Monday Lalit Modi’s lawyer Mehmood Abdi held a press conference. In his conference briefing, Abdi accused former BCCI Chief N Srinivasan for circulating a fake blue corner notice in the public.

According to Abdi, N Srinivasan and his fellows had created and planted the blue corner notice information to avoid Modi’s presence and his importance in the BCCI.

Today, more than two dozen cases of financial irregularities, money laundering and criminal cases have been filed against Lalit Modi by various investigative agencies in the country.Till now, ED has issued three showcause notices sent to Lalit Modi in cases of IMG, Cricket South Africa and Performance Deposit issue

1) Lalit Modi, BCCI and few other officials appeared to have defied the provisions of FEMA, 1999 to the extent of Rs 89 crore.The showcauses are –

In reply to this showcause notice, Lalit Modi has put all the blame on N Srinivasan. Modi has said, “At the time of formation of IPL, N Srinivasan was the Treasurer of BCCI. Since IPL was not a separate entity but only a sub-committee of the BCCI, all decisions in respect of IPL which had any financial implications or required drawing or disbursing of any funds of providing any guarantees or decisions which required financial compliances including RBI approvals were taken by N Srinivasan.”

2) In another case, ED has issued answerable notice against Lalit Modi, BCCI, N Srinivasan and Niranjan Shah under FEMA – by accepting deposit of Rs 20 crore from Emerging Media (IPL) based in UK.

3) Third showcause notice to Modi, BCCI, Shashank Manohar and other BCCI officials was for the payment of Rs 243 crore made by BCCI to Cricket South Africa for IPL 2009.

The copy of payment details with India Today show financial transactions of Rs 243 crore were made through State Bank of Travancore, Jaipur, and forwarded by N Srinivasan but guided and managed by Lalit Kumar Modi.

ED in its showcause notice said, “Although the agreement dated 30/03/2009 was signed by N Srinivasan, Lalit Modi had actively participated in the meetings with Cricket South Africa and play a major role in drafting of the agreement. The MoUs/Agreements are found to be in contravention of the provisions of FEMA. Further, Modi has signed an appointment letter for and on behalf of IPL South Africa appointing Ireland Davenport as an agent of IPL South Africa. This proves the IPL SA Pty Ltd was nothing but a front created for the purposes of opening a bank account to be operated and maintained by the BCCI on behalf of Lalit Modi was signing documents.”

Others cases against Lalit Modi are:

1) ED probing the $80 million amount paid by Multi Screen Media (MSM) to World Sports Group (WSG) as facilitation fees to withdraw from the telecast rights contract.

2) ED probing whether $25 million of the $80 million paid by MSM to WSG was routed into the illegal accounts of Lalit Modi, his associates and politicial beneficiaries.

3) ED probing Modi having an allegation that he had told selective bidders how much to bid and win during the first IPL team auction in 2008. The difference in bid amounts of the winner Rajasthan Royals and loser was $300,000.

4) ED probing whether Modi has used illegal money to buy his corporate jet through a Cayman Islands Company.

5) ED is probing Ramesh Govani who owns the Four Seasons Hotel in Mumbai where Lalit Modi routinely stayed.

6) ED is probing the investment of Rs 10 crore made by Modi’s wife in Indian heritage hotel through a Mauritius-based company.

7) Some cases related to FEMA violations, such as ownership of IPL franchisee, nature of foreign investments and valuation of shares and transfers thereof in respect of some franchisees are under ED probe.

In an Action Taken Report (ATR) filed before the Parliamentary Standing Committee (PSC) on Finance, the government said last December 2014, that the ED has already issued show cause notices involving an amount of Rs 2,148.3 crore of contravention of provisions of Foreign Exchange Management Act, 1999 (FEMA) against the Lalit Modi, BCCI officials and other private companies.

Other than Enforcement Directorate, the Income Tax department had sent notice to Lalit Modi dated 16/09/2010 saying the department is in possession of information through AIR that Modi has entered into high value financial transactions during the financial year 2008-09 without quoting his PAN number. Under IT Rules – quoting of PAN is mandatory.

In addition, the Mumbai zonal unit of Directorate of Revenue Intelligence had sent summon to Modi dated 04/11/2010, in connection with import of aircraft by M/s Golden Wings Pvt Ltd., in which Modi was supposed to give evidence and produce documents in related case.

So, not only ED officials, but even the income tax department, directorate of revenue intelligence (DRI), passport office and police officials of a few cities are awaiting a meeting with Lalit Modi.