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PMLA Fungibility & Lowest Balance: Tainted Money Entered a Mixed Bank Account, but the Balance Later Fell Almost to Zero β€” Which Later Credits Can Still Be Traced?

If alleged proceeds of crime entered a mixed bank account but the balance subsequently fell almost to zero, can ED treat entirely new salary, business receipts or other lawful credits as the same tainted property? This advanced PMLA guide examines fungibility, commingling, first-in-first-out, lowest intermediate balance, dissipation, replenishment, substitution, circular returns and equivalent-value attachment. Using trust and insolvency tracing jurisprudence only as comparative analytical tools, it develops a transaction-by-transaction framework for testing whether the money presently frozen

Premium21 Aug 202626 min readCriminal DefencePMLAED SummonsECIRProvisional Attachment
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PMLA Fungibility & Lowest Balance: Tainted Money Entered a Mixed Bank Account, but the Balance Later Fell Almost to Zero β€” Which Later Credits Can Still Be Traced?

If alleged proceeds of crime entered a mixed bank account but the balance subsequently fell almost to zero, can ED treat entirely new salary, business receipts or other lawful credits as the same tainted property? This advanced PMLA guide examines fungibility, commingling, first-in-first-out, lowest intermediate balance, dissipation, replenishment, substitution, circular returns and equivalent-value attachment. Using trust and insolvency tracing jurisprudence only as comparative analytical tools, it develops a transaction-by-transaction framework for testing whether the money presently frozen

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