The Bangladeshi blogosphere has done a credible job of bringing up the Trust Bank-gate story. In particular, the work of Mash at Docstrangelove in investigating things is to be commended. As the Bangladeshi blogosphere continues to discuss and dig up more on the  Trust bank-gate, a few issues need to be clarified and separate:

 1. The issue of the outstanding loan: There is a claim made that the maximum that Gen. Ahmad would have been able to borrow was Taka 500 since he only owned Taka 1000 worth of shares.  I am not sure if the regulation says that. The regulation (as reported here at Mukti) says that

“the total amount of the loan facilities extendable to a Director or to his relatives should not exceed 50% of the paid-up value of the shares of that bank held in Director’s own name.”  

Based on the Trust Bank prospectus, we know that Gen. Ahmad owed nearly 1 crore taka at the end of 2005. Gen. Ahmad became CAS only in June 15, 2005.

A plain reading of the regulation tells us that there is a limitation on loan facilities that can be extended (”extendible”) to directors, suggesting that the bar is on the director using his or her position to get new loan facilities for herself or her relatives. I am not sure that this applies to existing loan facilities that are outstanding when a person become a director. It makes sense to read the regulation that way, as presumably, the director had no influence on the bank’s decision-making process before she became the director.

What I would like to know then is this:

i. Was Moeen U Ahmad a Director of the Trust Bank before he became the CAS?

ii. When exactly did he take the loan? If he was not a director before June 15, and if the loan was taken before June 15, barring other regulations that limit how much a person can borrow (from the Bangladesh bank, or the army - I guess this is also where the fact that Iqbal Ahmad was the MD comes into play…) , it would seem that Gen. Moeen was perfectly within his rights to borrow Taka 1 Cr., assuming that no other pressures (political, or monetary) were put on the bank lending officers for the money.

2. But this of course leads us to the second issue - which I think is the more important one, and one we should not lose sight of. Let’s say he was within his rights to borrow Taka 1 Cr. How in the world did he pay off Tk. 66 lakh in the course of one year. I think it’s fair to say that the salaries and perks of a Bangladeshi army officer are not large enough to pay off Taka 66 crore in one year. This is the issue we should focus on. I think Mash’s initial post appropriately focussed on this issue first. We must not lose sight of it.

3. Also we should ask: What, realistically, given the salary and emoluments of a Bangladeshi army officer of Gen. Moeen’s experience and position, is the maximum that a prudential lending officer can give and hope to have paid back through honest means. I doubt that the amount is more than 20-30 lakh takas. Let’s say, arguendo, that the amount is Taka 50 lakh. If Gen. Moeen did in fact borrow more than that then he knew that the team at Trust Bank whose Chairman he was had serious issues with their loan appraisal and disbursement processes. It would seem to me that as Chairman, he had a fiduciary duty to look into this, and possibly do something about this…

4. Let’s take Gen. Ahmad’s claim that he actually did not borrow Taka 1 crore at face value. If that is the case, then Trust Bank has pretty clearly provided false information in its prospectus.  The Board of Directors sign off at the end of the prospectus, and make representations etc. about the accuracy of the information in it.  There’s got to be some repurcussions under the law for false and misleading statements in a prospectus in a public issue…

 The bottom line is that Gen. MU Ahmad owes us a better explanation than we have received.