SEBI ISSUED NOTICE TO HINDENBURG

SARASIJ MAJUMDER



BACKGROUND:-

The opposition, Left Liberendoos, and paid  MEDIA—brayed heavily, once this HINDENBURG  report was mischievously planned and  published to tarnish the respectful IMAGE of  our PM, GOI,  effect financial loss to ADANI,  earn money in questionable manner,  and defame INDIA  as a whole.

As the saying goes—“If you become successful, you will have enemies”

The circle is almost complete now. Request a careful reading.

SEBI’S INVESTIGATION
Market regulator Securities and Exchange Board of India (SEBI), as per directions by the Supreme Court, has issued a show-cause notice  (SCN)  to Hindenburg Research, its sole beneficial owner Nathan Anderson and Mark Kingdon who is the ultimate beneficial owner of Mauritius-based entities, for trading violations in the scrip of Adani Enterprises (NS:ADEL), leading up to Hindenburg report and thereafter. In the show-cause notice, it is alleged that Hindenburg colluded with others to build short positions in the scrip of Adani Enterprises Limited (AEL).

Hindenburg and Anderson are also alleged to have disseminated misleading information through the Hindenburg report (dated January 24, 2023), thereby inducing panic selling in AEL, among other securities.

SEBI accused Hindenburg of sensationalising and distorting facts and collaborating with a New York hedge fund to profit from the report's fallout.

The Supreme Court, by its judgment and order dated January 3, 2024, issued directions to SEBI and the investigative agencies of the Union government to probe into whether the loss suffered by Indian investors due to the conduct of Hindenburg and any other entities in taking short positions involved any infraction of the law and if so, to take suitable action.

In a previous order passed in the Writ Petitions, the Supreme Court took note of the loss of investor wealth in the aftermath of the report and recognised the dire need to protect Indian investors from unanticipated volatility in the market.

KOTAK’S INVOLVEMENT.

Hindenburg also highlighted that SEBI’s notice failed to mention "Kotak" directly, instead using "KMIL" (Kotak Mahindra Investments Ltd), despite KMIL's role in creating the offshore fund used by Hindenburg's partner to bet against Adani.

Although KMIL denied any client relationship with Hindenburg, SEBI noted that Hindenburg’s client, Kingdon Capital Management, had invested in KMIL’s K-India Opportunities Fund, profiting significantly from Adani stock positions before the report's release.

SEBI's investigation exposed that Kotak Mahindra (NS:KTKM) and Hindenburg conspired together to take short positions in Adani shares.

Hindenburg agreed to take a 25 per cent profit cut from shorting, resulting in millions of dollars in profit.

Chats from Kotak Mahindra bank executives, mentioned by SEBI in their show-cause notice, reveal how Kotak set up offshore funds to route money and take short positions in Adani futures, generating profits of $22.11 million.

SEBI's show-cause notice also exposes how Hindenburg's report was full of conjectures, lies, and misrepresentations, with the sole intention of maximising profits from their short positions.

Instead of addressing SEBI's investigation, which is based on documents and proof obtained from US courts and SEC records, Hindenburg has started attacking SEBI, calling them biased.

Despite claiming small profits from shorting Adani, SEBI's investigation reveals Hindenburg also made $9.2 million by taking short positions in ETFs and options on the MSCI India Index, and trading in bonds of Adani Electricity Mumbai Limited, AGEL, and APSEZ.

SEBI also found that Hindenburg misrepresented Supreme Court judgment findings, alleged government corruption and bribery without proof.

The show-cause notice states as to why action should not be taken against them under Sections 11(1), 11(4), 11(4A), 11B(1) and 11B(2) -- read with Sections 15HA and 15HB of the SEBI Act, 1992 -- which provide for the issuance of directions, including restraint from access to the securities market, and levying of monetary penalty.

MARK KINGDON AND FAMILY

Mark Kingdon (an individual who controlled/managed/owned Kingdon Capital, Kingdon Offshore Master Fund and K India Opportunities Fund.

Behind the KIOF Class F Fund, Mark Kingdon and Family were the ultimate beneficiaries having 58.8% investment. The Master Fund behind KIOF Class F Fund was again a pooled fund between Kingdon Associates, Kingdon Offshore and Kingdon Family Partnership. Mark Kingdon had the sole discretion of making the investment decision on investments including Adani Enterprises.

HINDENBURG’S RESPONSE
Hindenburg has claimed that it did not provide research notice to Kingdon prior to sharing the draft report and Kingdon did not share the trading notice with Hindenburg before the report was shared publicly through mass email.

Hindenburg responded saying the notice is "nonsense" and an attempt to silence and intimidate by alleging that Hindenburg's report contained misrepresentations and inaccurate statements meant to mislead readers.

Hindenburg, which published the notice on its website, said it made just $4.1 million from its declared positions on Adani stocks and criticised the regulator for not focusing its investigation into the January 2023 report "providing evidence" of the conglomerate creating "a vast network of offshore shell entities" and moving billions of dollars "surreptitiously" into and out of Adani public and private entities.

Hindenburg claimed that SEBI's notice seemed designed to obscure its disclosed investment stance and protect powerful individuals from scrutiny, pointing out that the notice did not mention "Kotak" directly, which Hindenburg suggested was an attempt to shield influential Indian businessmen.

WHAT NEXT :


SEBI's show cause notice to Hindenburg could lead to formal legal actions such as fines or market bans.

Hindenburg has 21 days to respond.

This case may prompt closer scrutiny of both Hindenburg’s actions and regulatory oversight of the Adani Group.

Reference:-

https://www.indiatoday.in/business/story/adani-case-hindenburg-mentions-kotak-bank-in-its-response-to-sebi-notice-2561077-2024-07-02

https://timesofindia.indiatimes.com/business/india-business/sebi-sends-hindenburg-notice-on-adani-report-manipulation/articleshow/111444661.cms

https://indianexpress.com/article/business/hindenburg-sebi-show-cause-notice-conglomerate-stocks-violation-9427490/

https://m.economictimes.com/markets/stocks/news/fresh-twist-hindenburg-gets-sebi-notice-for-shorting-adani-shares/articleshow/111440253.cms

https://www.news18.com/business/adani-hindenburg-sebi-46-page-notice-collusion-profiteering-short-selling-8952603.html

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Comments

  1. I have not expected KOTAK to be involved in this.

    ReplyDelete

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