Anti-money laundering regulations and white-collar crime prosecutions pose significant risks to individuals and businesses. The Prevention of Money Laundering Act (PMLA), 2002 establishes strict liability regimes independent of underlying criminal activity. Our practice provides strategic defense in PMLA prosecutions and white-collar investigations.
We represent accused in PMLA investigations, defend against attachment and forfeiture proceedings, and challenge investigative overreach. For white-collar matters, we advise on regulatory compliance and defend against fraud, embezzlement, and financial crime charges.
Our Services Include
Our Expertise
We understand PMLA’s unique procedural requirements, burden of proof distinctions, and appellate standards, having successfully defended clients in complex money laundering prosecutions.
Money laundering is process of concealing origin of proceeds from crime. PMLA holds even those receiving/using proceeds liable without requiring proof of the generating crime.
Scheduled offences (defined in PMLA) include drugs trafficking, terrorism, organized crime. Proceeds of scheduled offences trigger PMLA liability. List has been significantly expanded over time.
Attachment is provisional measure freezing assets suspected to be proceeds of crime. Attachment can occur even before charge-sheet filing. We challenge improper attachments and seek release.
Defenses include absence of scheduled offense generating proceeds, legitimate source of funds, knowledge of illicit origin absent, or improper procedure violating statutory requirements.
The standard is preponderance of probabilities (civil standard) in certain proceedings, particularly forfeiture. This is a lower threshold than criminal beyond-reasonable-doubt standard.
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