HOW CLOSE ISLAMIC BANKS ARE TO GLOBAL FRAUD- LEARNINGS FROM DUBAI ISLAMIC BANK IN THE TIME OF SUB-PRIME CRISIS

Keywords: Ethic, Financial crime, Fraud, Governance, Global crisis,

Abstract

This paper attempts to reconstruct and achieve learning from the mega financial crime that occurred at Dubai Islamic Bank (DIB) during the global crisis and juxtapose it with fraudulent practices from a global perspective with the aim to acquire a broader knowledge on fraud, especially in shariah-based organizations. Thus, this paper could conceivably contribute to the rarely covered topic concerning financial crimes within Islamic organizations. Additionally, descriptive, comparative, and analytical research are exerted in this study. As for the findings, the scandal divulged that the significant power of the government exercised through mandating faith-based banking and acquiring major shareholding does not seem to prevent white-collar frauds much to the outrage of civilized lawmakers. This implies that just like its conventional counterpart, Islamic banking is not immune to fraud. In addition, the paper highlights that the most offensive misconducts found in the case are: i) the fraudulent activities were concealed or kept in secrecy; ii) there was a lack of ‘shoulder to shoulder’ knowledgeable people to oversee the risk and warning signs; and finally iii) the modus operandi employed was collaborating. Accordingly, the study refreshes and stresses to the influential characters involved, namely, respective regulators and top-level officials of the organization on the importance of robust, prudent, and sustainable practical conduct for they are the accredited people whose enforcement and in-company culture will distinguish the right from the wrong.

References

D. O’Neill, United Arab Emirates: Dubai Islamic Bank puts the past behind it. Euro Money, 2013, Retrieved from https://www.euromoney.com/article/b12kjvffjf5j75/united-arab-emirates-dubai-islamic-bank-puts-the-past-behind-it?copyrightInfo=true

M. Hasan and J. Dridi, The effects of the global crisis on Islamic and conventional banks: a comparative study, IMF Working Paper 2010.

H. Miniaoui and G. Gohou. Did Islamic banking perform better during the financial crisis? evidence from the UAE, 2013.

Kroll, Kroll global fraud report, 2010.

EY, Bribery, corruption, and fraud in the Middle East: first Middle East bribery, corruption and fraud survey, 2011.

KPMG, Who is the typical fraudster: KPMG analysis of global patterns of fraud, 2011.

L. M. Odeh, State of global financial crime in-depth analysis on GCC countries, 2015.

W. Rajhi and S. A. Hassairi, Unconventional banking system in distress, 2011.

Gulf News, Jail sentences dropped in Islamic bank, 2001, Retrieved from http://gulfnews.com/news/uae/general/jail-sentences-dropped-in-islamic-bank-embezzlement-case-1.422297

Dubai Financial Service Authority, Dubai Islamic Bank PJSC prospectus 2017, 2017, Retrieved from http://www.dfsa.ae/CMSPages/GetFile.aspx?guid=7d44cdd4-4961-4530-a5bf-353f8e9ada0b

Z. M. Sanusi, M. N. F. Rameli, and Y. M. Isa, Fraud schemes in the banking institutions: prevention measures to avoid severe financial loss, 2015, Presented at the 7th International Conference on Financial Criminology 2015, 13–14 April 2015, Wadham College, Oxford, United Kingdom.

A. R. Morgan and C. Burnside, Olympus Corporation financial statement fraud case study: the role that national culture plays on detecting and deterring fraud, 2014.

H. V. D. Bunt, Wall of secrecy and silence: the Madoff case and cartels in the construction industry, in The global economy, economic crisis, and white-collar crime, 2010, p.435–453.

KPMG, Global profiles of fraudster: white-collar crime – present and future, 2013.

KPMG, GCC fraud survey for gulf cooperation council (GCC) countries, 2008. Retrieved from http://www.middleeasttransparent.com/IMG/pdf/2008_GCC_Fraud_Survey_English_1_.pdf

A. S. A. P. Salin, S. K. Ab Manan, N. Kamaluddin, The role of Islamic ethics to prevent corporate fraud, 2017.

Z. M. Sanusi, M. N. F. Rameli, and Y. M. Isa, Fraud schemes in the banking institutions: prevention measures to avoid severe financial loss. 7th International conference on financial criminology 2015 13-14 April 2015, Wadham College, Oxford, United Kingdom.

R. A. Rahman and I. S. K. Anwar, Effectiveness of fraud prevention and detection techniques in Malaysian Islamic banks, 2014.

A. Shaaban, Dubai Islamic Bank Fraud Case Adjourned, Khaleej Times, 2009, Retrieved from https://www.khaleejtimes.com/article/20090428/ARTICLE/304289911/1002

A. Mustafa, Dubai Islamic Bank fraud repayment ordered back to appeals court, The National, 2011, Retrieved from https://www.thenational.ae/uae/courts/dubai-islamic-bank-fraud-repayment-ordered-back-to-appeals-court-1.375115

A. Mustafa, Bank investment chief testifies in fraud trial, The National, 2009.

Baker Mckenzie, Dubai Islamic Bank wins major litigation case, Retrieved from http://www.bakermckenzie.com/en/newsroom/2017/04.

R. Spencer, British businessmen in Dubai sentenced to 10 years for fraud, The Telegraph, 2011, Retrieved from http://www.telegraph.co.uk/news/worldnews/middleeast/dubai/8478123/British-businessmen-in-Dubai-sentenced-to-10-years-for-fraud.html

S. Fenton,DIB takes over $3.5b Plantation Holding, The Gulf News, 2008, Retrieved from http://gulfnews.com/business/property/dib-takes-over-3-5b-plantation-holding-1.141720

R. Spencer, End of a glittering Dubai dream: three britons in jail accused of $500 million 'fraud', The Telegraph, 2009, Retrieved from http://www.telegraph.co.uk/news/worldnews/middleeast/dubai/5588310/End-of-a-glittering-Dubai-dream-three-Britons-in-jail-accused-of-500-million-fraud.html

A. Hassoune, Moody’s DIB Analysis February 2010, Moody’s Investors Service. 2010, Retrieved from http://media.corporate-ir.net/media_files/irol/19/199381/MoodysDIBAnalysis-Feb2010.pdf

S. Srairi, Corporate governance disclosure practices and performance of islamic banks in GCC countries, Journal of Islamic Finance, Vol. 4 No. 2 (2015) 001 – 017, IIUM Institute of Islamic Banking and Finance ISSN 2289-2117 (O) / 2289-2109.

A. M. J. Qasim, The impact of corporate governance on firm performance: evidence from the UAE. European Journal of Business and Management. ISSN 2222-1905 (Paper) ISSN 2222-2839 (Online) Vol.6, No.22, 2014.

J. Simpson and J. Taylor, Corporate Governance, Ethics and CSR. New Delhi: London Philadelphia. p28.

Dubai Islamic Bank, Dubai Islamic Bank (Public Joint Stock Company) and subsidiaries consolidated financial statements: 31 December 2007, 2007.

B. Za’za’, Lawyer accuses Dubai Islamic Bank official of concealing fraud: officials allegedly conspired in cover-up leading to huge loss, Gulf News, 2010, Retrieved from http://gulfnews.com/news/uae/crime/lawyer-accuses-dubai-islamic-bank-official-of-concealing-fraud-1.608470.

A. Mustafa, Dubai Islamic Bank chief tells court how men 'stole' Dh1.8bn”, The National, 2011.

i-Law, Plantation holdings (FZ) LLC V Dubai Islamic Bank PJSC, 2017, Retrieved from https://www.i-law.com/ilaw/doc/view.htm?id=375790

Shariah Finance Watch, British Businessman Fights Dubai Bank Fraud Claim, 2010, Retrieved from http://www.shariahfinancewatch.org/blog/2010/04/08/british-businessman-fights-dubai-bank-fraud-claim/

A. Hasan and M. H. Ahmed, The application of choice of law and choice of forum clauses to islamic banking and financial cross border transaction, Australian Journal of Basic and Applied Science, 6(11):370-380, 2012.

H. Hamzah, Human development and hedonism culture challenges: a review from Islamic perspective, 2016.

M. Quddus, H. Bailey, and L. R. White, Business ethics: perspectives from Judaic, Christian, and Islamic scriptures, 2009.

Published
2018-12-04
How to Cite
Mukminin, K. (2018). HOW CLOSE ISLAMIC BANKS ARE TO GLOBAL FRAUD- LEARNINGS FROM DUBAI ISLAMIC BANK IN THE TIME OF SUB-PRIME CRISIS. European Journal of Islamic Finance, (11). https://doi.org/10.13135/2421-2172/2762