Satyam’s meltdown makes Enron comparisons inevitable. But Enron was a more creative fraud. It was trading in something called weather derivatives when it went bust and its special purpose vehicles (where losses were hidden) are to Satyams cooked books as Hyderabadi biryani is to curd rice. Plus,politics was mixed up in the Enron story in a way it isnt in the Satyam story. This has an obviously good implication. But politics needs to get mixed up in scandals like Satyam. The implications will be even better.
It is obviously good that there is,as yet,no evidence of Enron-like political shadiness in the Satyam affair. Remember that the late and unlamented Kenneth Lay,who was Enrons chief when the company went bust,was a chum of George W. Bush and a bigger chum of Dick Cheney. Wendy Gramm,wife of Republican Senator Phil Gramm,had chaired a committee on energy regulation in 1993 that had exempted energy trading instruments from regulation. Mrs Gramm then joined the Enron board and Enron proceeded to lose over the years tonnes of cash in energy trading. Before Enron went bust it made several calls to the White House and the Capitol. True,Republican politicians didnt rescue Enron. But thats a tribute to the American systems taste and capacity for retribution when big bad things are revealed.
The last point is important as we feel relieved that at least no political hotshots are caught up in the B. Raju controversy. The American political and politics-determined regulatory systems were caught napping in the 2002 Enron scandal as they were by last years financial crisis and the Madoff Ponzi scheme. Theres plenty to criticise and to laugh about. But theres also something to be impressed about: the American political systems zest for improving capitalism. The Satyam meltdown should produce similar impulses in Indias political establishment. And most likely,the time is right in India.
American politics of course has the advantage over its Indian counterpart in that it has legitimised,loved,regulated and reined in capitalism for more than two centuries. Capitalism has acquired real legitimacy across most of the political class in India only over the last 15 years or so. Most politicians wont declare their love openly. But a larger number of politicians than is usually suspected harbour strong private attraction. These politicians actions speak for them. And theres now a rough political consensus about the potential of Indian capitalism and how it can transform the country.
It would be most surprising therefore if most politicians today dont see the Satyam story as something that must be exorcised fast from the India story. The stakes are plainly high quickly re-establishing in the eyes of global capital that Corporate India is more or less well-regulated. Such an assurance is part of the process that gives India and its political class some clout globally. It is not fanciful to assume that the political class now is sufficiently attracted by the returns to know that a rotten apple like Satyam should produce the seeds of intelligent political action.
This kind of action will obviously have to be different from the JPC-type responses seen after business/finance scandals earlier. What distinguished those responses was the lack of intellectual heft. You can criticise Americas post-Enron Sarbanes-Oxley Act that codified corporate governance. But you cant deny the extraordinary analytical effort behind it. The same thing can be safely predicted about whatever US politicians come up with this year in response to the financial crisis.
The notion that Indian politicians arent smart is rubbish. Most of them are smart,as they have to be while plying their trade in what is arguably the worlds most complicated electoral democracy. What was lacking was the proper political context for addressing big complicated questions thrown up by capitalism.
Among such questions thrown up by the Satyam scandal is the role of auditors. Lets recall a political discussion about auditors some years back to see how politics has to respond better now.
In mid-2003,S. Gurumurthy had argued and Murli Manohar Joshi,then Union HRD minister,had loudly agreed that foreign audit and accountancy firms should not be allowed to offer their core services directly in India. RBI had allowed them to come in as consultants. So they must remain,was the argument then. And so they do.
Pricewaterhouse (Pw),an Indian firm,audited Satyams accounts. The global firm PricewaterhouseCoopers (PwC),which has a relationship with Pw,cant directly audit company books in India. Neither can global big name audit firms KPMG,Ernst & Young and Deloitte Touche.
Post-Satyam,it might look that if Pw is dodgy,then why let PwC do auditing? But Indian auditors arent shining examples of rectitude either. Who audited the plantation companies or C.R. Bhansalis firm,to name two scams prominent when Gurumurthy was making his pitch? Plus,in India,these days,having a big name foreign auditor is necessary for listing in overseas markets as well as for making overseas deals. So the big complicated question before Indias political class post-Satyam is not whether foreign or Indian auditors are better but whether auditing needs regulation and,if so,in what form?
Indian auditors have more or less been self-regulated. The post-Satyam politically correct noises made by the auditors body are not sufficient. Politicians will have to decide on the form of regulation. Investors everywhere will take note if Indias political class delivers big reform on how company accounts are checked and passed.
Satyam is a New York market-listed company and part of the globally feted Indian information technology sector. Todays politicians in India would know what that means. As they hopefully decide how to respond to Satyam and its auditors,they should recall Americas politicians sent Enrons Ken Lay to jail and helped blow up Enrons auditors,Arthur Andersen.
saubhik.chakrabarti@expressindia.com