AML Cases (Anti-Money Laundering)

PMLA Defense

The PMLA is Draconian. Your Defense Must Be Ironclad.

The Prevention of Money Laundering Act, 2002 (PMLA) is unlike any other criminal law in India. Under this act, the "burden of proof" is often reversed—meaning you must prove your innocence. The Enforcement Directorate (ED) holds sweeping powers to arrest without a warrant, attach properties provisionally, and compel self-incriminating statements.

At Abhattlawfirm, we understand that a PMLA case is not just a legal battle; it is a war for your financial survival. Our team comprises former prosecutors and forensic financial experts who understand how to dismantle the "Proceeds of Crime" narrative constructed by investigating agencies. We don't just react to the prosecution; we anticipate their next move.

A. Investigation & Litigation Phase

ED Summon Defense

Section 50 Representation: The ED has the power to summon you and record statements that are admissible in court. One wrong answer can lead to immediate arrest. We prepare you extensively for these interrogations.

Drafting Replies: We draft legally precise responses to summons, ensuring you provide necessary information without waiving your constitutional rights against self-incrimination.

Bail under Section 45: Securing bail in PMLA cases is notoriously difficult due to the "Twin Conditions." We specialize in arguing on grounds of sickness, infirmity, or lack of prima facie evidence to secure Regular and Anticipatory Bail.

Quashing of ECIR: We file writs in the High Court to quash the Enforcement Case Information Report (ECIR) if the predicate offense (the original crime) has been settled or quashed.

Defense Trials: Representing you in the Special PMLA Court to cross-examine IOs (Investigating Officers) and challenge the admissibility of electronic evidence.

B. Asset Protection (Adjudicating Authority)

Asset Protection

Challenging Attachment Orders: When the ED freezes bank accounts or attaches properties, we represent you before the Adjudicating Authority (PMLA) within the statutory 180-day period to prevent confirmation of the attachment.

Appellate Tribunal: Filing appeals against confirmed attachment orders to release legitimate assets that are not "proceeds of crime."

Retraction of Statements: If you were coerced or forced into signing a false statement during custody, we move the court immediately for its retraction.

"Red Flag Protocol": The ED Raid Checklist

⚠️ WHAT TO DO DURING AN ED SEARCH & SEIZURE? If ED officials arrive at your home or office:

1. Ask for Identification: Politely verify the Identity Cards of the officers and the Search Warrant (Panchnama).

2. Do Not Resist: Allow them entry. Resistance can lead to immediate arrest under "Obstruction of Justice."

3. Call Abhattlawfirm: You have the right to inform your lawyer. Call us immediately.

4. Witness the Search: Ensure two independent witnesses from the locality are present during the search.

5. Sign with Caution: Read the Panchnama (seizure memo) carefully before signing. If you disagree with any item listed, note your objection in writing on the document itself.

Corporate AML Compliance

1. Risk Assessment: We audit your financial channels to identify vulnerabilities to money laundering risks.

2. KYC & Reporting: Advisory for Banks, NBFCs, and Real Estate firms on complying with "Reporting Entity" norms under the PMLA.

3. Internal Policies: Drafting Anti-Bribery and Anti-Corruption (ABAC) policies to shield the management from vicarious liability.

Frequently Asked Questions (FAQ)

A: Yes. The ED registers an ECIR (equivalent to an FIR) which is an internal document. Unlike a police FIR, they are not obligated to share the ECIR with you immediately, though recent Supreme Court judgments are challenging this opacity.

A: Under Section 45 of PMLA, to get bail, the court must be satisfied that: (1) There are reasonable grounds to believe you are not guilty, and (2) You are not likely to commit any offence while on bail. This makes PMLA bail harder than regular criminal cases.

A: Yes. In the landmark Vijay Madanlal Choudhary judgment (2022), the Supreme Court ruled that if there is no "Scheduled Offence" (the original crime), there can be no "Proceeds of Crime," and thus the PMLA case must fall.