PMLA and FEMA cases record substantial rise

Pankaj Choudhary said that till March 31, 2022, the Directorate of Enforcement recorded around 5,422 cases under Prevention of Money Laundering Act (PMLA).

New Delhi: Cases taken up for investigation under the Foreign Exchange Management Act (FEMA) and recorded under the Prevention of Money Laundering Act (PMLA) have seen a substantial jump in the last few years.

During the last ten years, the Directorate of Enforcement has taken up around 24,893 cases for investigation under the provisions of FEMA and has recorded around 3,985 cases under the PMLA.

The data disclosed that while the total number of cases under FEMA and PMLA in the year 2020-21 was 2,747 and 981, it increased to 5,313 and 1,180 in the year 2021-22.

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The Minister of State, Finance, Pankaj Choudhary, informed the Lok Sabha on Monday that the Directorate of Enforcement is an investigation agency that is mandated with the task of enforcing provisions of FEMA, PMLA, and Fugitive Economic Offenders Act, 2018 (FEOA).

The role of the Directorate comes into the picture as and when any contravention under FEMA and occurrence of scheduled offense disclosing the generation of PoC (Proceeds of Crime) as defined under Section 2(1)(u) of PMLA is noticed by the Directorate or a warrant of arrest issued by the Magistrate or Court after taking cognizance of any scheduled offense appended to FEOA and where the amount involved is Rs 100 crore or above, provided the accused has gone outside India.

The minister said that till March 31, 2022, the Directorate of Enforcement recorded around 5,422 cases under PMLA. “It is pertinent to mention here that, after the recording of a case under PMLA necessary action as per the provisions of PMLA is taken which resulted in attachment of proceeds of crime to the tune of Rs 1,04,702 crore (approx.), filing of Prosecution Complaint in 992 cases resulting in the confiscation of Rs 869.31 crore and conviction of 23 accused persons under PMLA,” he said.

Similarly, till March 31, 2022, the Directorate of Enforcement took up around 30,716 cases for investigation under FEMA. “It is pertinent to mention here that after taking up a case for investigation under FEMA, necessary action as per the provisions of FEMA is taken which resulted in the issuance of 8,109 Show Cause Notices (SCNs). Further, 6472 SCNs were adjudicated under FEMA, thereby imposing a penalty of around Rs 8130 crore. Further, assets to the tune of Rs 7080 crore (approx.) have been seized under FEMA,” said the minister.

(Except for the headline, the story has not been edited by Siasat staff and is published from a syndicated feed.)

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