Bank of America Allegedly Shared Non-Public Information with Investors in India: WSJ Report

Bank of America is facing allegations of insider trading in its Asian operations, according to a report by The Wall Street Journal (WSJ). The report claims that investment bankers at the firm shared non-public information with investors before major stock sales in India, raising concerns about “front-running” practices. These allegations have led the bank to launch an internal investigation after a whistleblower complaint was made in June.

The whistleblower complaint, reviewed by WSJ, claims that Bank of America’s investment bankers used WhatsApp to communicate transaction details to investors before the stake sale in India was officially announced. The transaction, valued at $200 million, involved the Aditya Birla Group and its arm, Aditya Birla Sun Life Asset Management Company (AMC).

Allegations of Front-Running

Front-running refers to the illegal practice where insiders use advanced information to trade before the public is made aware. In this case, the complaint alleges that investors received early information about the sale of 2.01 crore shares of Aditya Birla Sun Life AMC, representing 7% equity, which was made public on March 18, 2023. This allowed these investors to make potentially profitable trades before the official announcement.

The WSJ report also highlighted similar incidents, including a $500 million Initial Public Offering (IPO) for SoftBank-backed FirstCry and a $300 million rights offering for PNB Housing Finance, where the same practices were allegedly followed.

Involvement of Key Investors

Records reviewed by WSJ indicated that ahead of the $200 million sale of Aditya Birla Sun Life AMC stock, investment bankers held meetings with prominent investors. These investors included quantitative-trading firm Jane Street, Norges Bank, and HDFC Life Insurance Company.

On March 18, the promoters of Aditya Birla Sun Life AMC, Aditya Birla Capital, and Sun Life (India) AMC Investments, approved the sale of shares. The transaction, executed around March 20, also provided an option to sell an additional 1.28 crore shares, representing 4.47% equity. In total, the promoters sought to unload 11.47% equity in the company through the sale.

Bank of America’s Response

In response to the allegations, Bank of America has firmly denied any wrongdoing. A spokesperson for the bank, as quoted in a Reuters report, stated, “We take complaints seriously and thoroughly investigate them. In instances where we conclude there has been inappropriate behaviour, we take disciplinary action.”

The spokesperson also emphasized that the bank had found no evidence to support the whistleblower’s claims during its investigation.

Conclusion

The allegations against Bank of America raise serious questions about transparency and fairness in stock trading in India. If proven, the case could lead to significant regulatory scrutiny, especially from the Securities and Exchange Board of India (SEBI), which has reportedly been informed about the whistleblower’s complaint.

As the investigation continues, the outcome may have far-reaching implications for how investment banks handle sensitive, non-public information and could result in stricter regulations to prevent such incidents in the future.

Update 22nd November, 2024

Three dealmakers from Bank of America in India have left the company amid an investigation into possible wrongdoing related to stock offerings, according to Bloomberg reports. The bankers involved are Debasish Purohit, Subhrajit Roy, and Vikram Khaitan. The investigation includes a 15-billion rupee share sale in Aditya Birla Sun Life Asset Management. Indian regulators reached out to BofA about the issue in September, and the bank is still considering replacements for the positions.