The ANZ bank warned Pankaj Oswal's wife the Indian businessman could go to jail for fraud if she did not cover almost $US1 billion in debts, a court has heard.
Mr Oswal was desperate to avoid prosecution for falsifying securities documents and hoped to secure a deal with the bank whereby both sides walked away happy, the Victorian Supreme Court heard.
The bank knew European securities documents behind $US928 million in loans were fakes and "wanted everything", Mr Oswal told his wife, Radhika, in December 2009.
Rather than be a good corporate citizen and report the fraud, the ANZ had used its "inside knowledge" as leverage to reduce its exposure to Mr Oswal and his Australian fertiliser company, Mrs Oswal's barrister, Garry Rich SC, said.
"The bank ultimately converted what it believed was a crime into a source of financial benefit," he told the court on Wednesday.
He said the bank told Mrs Oswal her husband had admitted falsifying security documents.
"The bank made it clear that Pankaj's conduct would be revealed if no deal was done and explicitly said that Pankaj could go to jail," Mr Rich said.
"On the other hand, the bank said that his conduct would be irrelevant if the bank was repaid."
Mr Oswal perceived himself to be at the mercy of ANZ and was desperate to avoid the consequences of his conduct including criminal prosecution, which the ANZ knew, Mr Rich said.
Mrs Oswal had not wanted to risk her own wealth and hundreds of millions of dollars in assets by putting up her stake in Burrup Holdings as security, the court heard.
"This is my wealth which was given to me as part of my marriage agreement," she told her husband after finding out about the bank's demands.
"I am an individual and no one can take my assets without my approval. I am here to help but not at the expense of my personal wealth."
Mrs Oswal ended up giving the ANZ a guarantee making herself personally liable for $US568 million in debts, and ultimately "lost everything".
Mr Rich said Mrs Oswal, whose 1997 marriage was arranged by her wealthy and traditional Hindu family who made their money in biscuits and confectionery, had no real choice.
"These were negotiations in which for Radhika just saying no and walking away was never a real option," he said.
"She had to do that or else her husband would go to jail."
The Oswal situation was discussed at the ANZ's highest levels, the court heard.
ANZ group general counsel Bob Santamaria told a board meeting it appeared European security documents were forgeries and the bank proposed to seek additional security from the Oswal group, which its risk team believed would significantly enhance the prospects of repayment.
An alternative course of action was to immediately report the fraud to authorities, the bank's directors heard.
"In other words we get a financial benefit by taking securities and not reporting a crime or possible crime," Mr Rich said.
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