What is Money Laundering?
Historical Background
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 developmentsExpansion 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.
