2 minEconomic Concept
Economic Concept

Money Laundering

What is Money Laundering?

Money laundering is the process of concealing the origins of illegally obtained money, typically by means of transfers involving foreign banks or legitimate businesses, so that it appears to have come from a legitimate source.

Historical Background

The concept gained prominence globally in the late 20th century with the rise of organized crime, drug trafficking, and international terrorism. International bodies like the Financial Action Task Force (FATF) were established to combat it. India enacted the Prevention of Money Laundering Act (PMLA) in 2002 to specifically address this crime.

Key Points

9 points
  • 1.

    Involves three main stages: Placement (introducing illicit funds into the financial system), Layering (disguising the trail through complex transactions), and Integration (re-introducing funds into the economy as legitimate).

  • 2.

    It is a 'predicate offense' dependent crime, meaning it requires an underlying criminal activity (e.g., drug trafficking, corruption, fraud, bank fraud) from which the 'proceeds of crime' are generated.

  • 3.

    The Prevention of Money Laundering Act (PMLA) defines 'proceeds of crime' and allows for the attachment and confiscation of such property.

  • 4.

    Penalties under PMLA include rigorous imprisonment (3 to 7 years, extendable to 10 years for drug-related offenses) and fines.

  • 5.

    Reporting entities (banks, financial institutions, intermediaries) have statutory obligations to report suspicious transactions and cash transactions above a certain threshold to the Financial Intelligence Unit - India (FIU-IND).

  • 6.

    International cooperation is vital for tracing cross-border money flows and recovering assets.

  • 7.

    Often linked to terror financing, where funds are laundered to support terrorist activities.

  • 8.

    The PMLA also covers offenses committed outside India if the proceeds of crime are laundered in India.

  • 9.

    The burden of proof for the legitimacy of funds often lies with the accused once a prima facie case is established by the investigating agency.

Recent Developments

5 developments

Expansion of PMLA's scope to include more offenses and individuals under its purview, including those related to GST fraud.

Supreme Court judgments clarifying and upholding certain provisions of PMLA, strengthening the ED's powers.

Increased use of technology (e.g., AI, blockchain, cryptocurrencies) by criminals, posing new challenges for investigation and regulation.

India's ongoing efforts to strengthen its anti-money laundering (AML) and counter-terror financing (CFT) regime as per FATF standards.

Focus on beneficial ownership transparency to prevent the use of shell companies for money laundering.

This Concept in News

1 topics

Source Topic

ED Fines NewsClick ₹184 Crore for FEMA Violations

Economy

UPSC Relevance

Highly relevant for UPSC GS Paper 3 (Economy, Internal Security, Challenges to Internal Security through communication networks, money-laundering). Essential for understanding financial crime, national security threats, and regulatory frameworks.