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Stating that he is facing allegations of violation of trust during his appointment as a chief dealer of a mutual fund by sharing sensitive information for personal gains, a special court rejected the bail plea of Viresh Joshi, a former chief trader and fund manager of Axis Mutual Fund, arrested by the Enforcement Directorate (ED).
Joshi was arrested on August 2 for allegedly misusing confidential information on the trades to be executed on behalf of Axis Mutual Fund to preemptively trade stocks, generating substantial illicit gains through front-running — an illegal practice in the securities market where brokers or traders execute orders for their own benefit using advance knowledge of pending client orders.
“The complaint and the charge-sheet is yet to be filed after completion of the investigation. Merely because as per the orders of the SEBI, the other notices have deposited the amount Rs.30.56 crores, it does not mean that the applicant is absolved from the offence of money laundering. The offence of money laundering is a distinct and standalone offence,” special judge R B Rote said.
In his bail plea, Joshi said he had—during his 14-year tenure—”demonstrated exemplary performance and promoted to Senior Vice President in 2019.”
He had claimed that he had no discretion over the trade selection, timing or price and ‘operated strictly within a tightly regulated framework’. All trades were routed only through empanelled brokers and instruction and execution took place via the Bloomberg Order and Execution Management Systems, ensuring a complete audit trail. He had claimed that other than few ‘uncorroborated’ statements, there is no evidence against him and that he had cooperated in proceedings before the Securities and Exchange Board of India (Sebi) since 2022.
The ED had claimed that an amount to the tune of Rs 91 crore was credited in the bank accounts of his family members from various shell companies and had opposed the bail stating that the probe is still on.
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