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Economic Offences, Financial Crime & Account Freeze Strategy

Framing Charge under Sections 3/4 PMLA: Why Role Attribution Must Be Transaction-Specific β€” Person, Process, Proceeds of Crime & Accused-Specific Nexus

Framing charge under Sections 3/4 PMLA requires more than describing a business group, family, company network or set of transactions as collectively involved in money laundering. Section 3 is structured around the person, the process or activity and the productβ€”proceeds of crime. Therefore, a rigorous charge-stage analysis should break the prosecution theory into date, property, account, amount, transaction, counterparty and accused, and then identify whether the particular person is alleged to have concealed, possessed, acquired, used, projected or claimed the proceeds of crime, or attempted

Premium16 Aug 202618 min readCriminal DefencePMLABank FreezeWhite-Collar CrimeEconomic Offence
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Framing Charge under Sections 3/4 PMLA: Why Role Attribution Must Be Transaction-Specific β€” Person, Process, Proceeds of Crime & Accused-Specific Nexus

Framing charge under Sections 3/4 PMLA requires more than describing a business group, family, company network or set of transactions as collectively involved in money laundering. Section 3 is structured around the person, the process or activity and the productβ€”proceeds of crime. Therefore, a rigorous charge-stage analysis should break the prosecution theory into date, property, account, amount, transaction, counterparty and accused, and then identify whether the particular person is alleged to have concealed, possessed, acquired, used, projected or claimed the proceeds of crime, or attempted

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