The Firm has very deep understanding and practice of white collar crimes related litigation. Mr Ashok K Singh, founder partner of the firm is the noted criminal lawyer in India has wide range of expertise over these subjects. In the past he appeared for many high profile cases vis. Disproportionate of Asset case of Om Prakash Chautala & Abhay Chautala, Sukesh Chandrashekar and his wife Leena poulose, Jagriti Singh’s case, Reddy brothers case, NCB case of Felix, Muzaffarnagar’s drug case, Kandala Port drug case, Umar Gautam’s anti conversion (love jihad) case etc.
White-collar crime is a nonviolent crime. It is characterized by concealment to obtain or avoid the loss of money or property, or to gain any private or professional advantage. A white collar crime is a relatively newer concept. White collar criminals are more suave and deceptive. There criminality has been demonstrated again and again in the investigation of land offices, railways, insurance, munitions, banking, public utilities, stock exchanges, the oil industry, real estate, reorganization committees, receiverships, bankruptcies, and politics. This includes Securities fraud, embezzlement, corporate fraud, bank fraud, tax evasion, Narcotics and drugs related offence NDLS, economic offence, Anti-corruption, Revenue fraud and money laundering are all white-collar crimes.
Key ingredients of white collar crime
- the criminals of white collar crime are relatively more smart and intelligent
- these crimes are not personal and difficult to detect
- economic loss in white collar crimes is much higher than ordinary crimes
- it is well planned and committed out of greed
In a new era, these classes of crimes have become very complicated. Sometimes, it is very difficult to detect them. The criminals of this class of crimes are not only shrewd but they are also using the new technology to commit these crimes. Various acts for identifying white collar crime and punishment regarding the same is here under:
- Companies Act, 1960.
- Income Tax Act, 1961.
- Indian Penal Code, 1860.
- Prevention of corruption Act, 1988.
- Prevention of money laundering Act, 2002.
- Maharashtra Control of Organized Crime Act, 1999
- Unlawful Activities Prevention Act, 2008
- National Investigation Agency Act, 2008
- Information Technology Act, 2005.
- Imports and Exports (Control) Act, 1950
- Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985
- Drugs & Cosmetic Act 2020
- Anti- Hijacking Act,
- Passport Act,
- Pretension of Terrorism Act 2002
- The Explosive Substances Act 1908
Above said kind of offences are generally investigated by ED, EOW, NIA, ACB, ATS, SFIO, Crime Branch, DRI and special cell of the police especially designed and empowered to investigate particular type of offences.
PMLA, FEMA & ED (Enforcement Directorate):
PMLA empowers certain officers of the Directorate of Enforcement to carry out investigations in cases involving offence of money laundering and also to attach the property involved in money laundering. PMLA envisages setting up of an Adjudicating Authority to exercise jurisdiction, power and authority conferred by it essentially to confirm attachment or order confiscation of attached properties.
Objectives of PMLA:
- To prevent and control money laundering
- To confiscate and seize the property obtained from the laundered money; and
- To deal with any other issue connected with money laundering in India.
- The Act also proposes punishment under sec.4.
The Directorate of Enforcement was established in the year 1956 with its Headquarters at New Delhi. It is responsible for enforcement of the FEMA and certain provisions under PMLA. Work relating to investigation and prosecution of cases under the PML has been entrusted to Enforcement Directorate. The Directorate is under the administrative control of Department of Revenue for operational purposes; the policy aspects of the FEMA, its legislation and its amendments are within the purview of the Department of Economic Affairs. Policy issues pertaining to PML Act, however, are the responsibility of the Department of Revenue.
Functions of Enforcement Directorate:-
- To collect, develop and disseminate intelligence relating to violations of FEMA, 1999, the intelligence inputs are received from various sources such as Central and State Intelligence agencies, complaints etc.
- To investigate suspected violations of the provisions of the FEMA, 1999 relating to activities such as “hawala” foreign exchange racketeering, non-realization of export proceeds, non-repatriation of foreign exchange and other forms of violations under FEMA, 1999.
- To adjudicate cases of violations of the erstwhile FERA, 1973 and FEMA, 1999.
- To realize penalties imposed on conclusion of adjudication proceedings.
- To handle adjudication, appeals and prosecution cases under the erstwhile FERA, 1973
- To process and recommend cases for preventive detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA)
- To undertake survey, search, seizure, arrest, prosecution action etc. against offender of PMLA offence.
To provide and seek mutual legal assistance to/from contracting states in respect of attachment/confiscation of proceeds of crime as well as in respect of transfer of accused persons under PMLA.
NDPS Act:
The Narcotics Drugs and Psychotropic Substances Act, 1985 has been enacted to implement stringent laws to prohibit the production, manufacturing, cultivation, possession, sale, transportation, purchasing and consuming any Narcotic Drugs and Psychotropic Substances within the territory of India. The Act distinguishes between the small quantity and commercial quantity of drugs and psychotropic substances. The Table under Section 2 (viia) and (xxiiia) of the Act lists out the details of small quantity and commercial quantity of more than 238 types of drugs and psychotropic substances which are prohibited under the Act.
The NDPS Act is a special Act which lays down a different procedure for cases which are registered under this Act. The Narcotics Control Bureau (NCB) is a special police force which has been instituted to handle all cases which fall within the Act. A Sessions Court in every District Court is empowered with the responsibility of dealing with all cases under the NDPS Act, making it a special court, which implies that only the Special Court of Sessions has the first jurisdiction to deal with all cases under the NDPS Act.
