Can PMLA be used to prosecute what is, at its core, a civil or commercial dispute?
The question becomes difficult because the PMLA does not begin with the underlying dispute. It begins one step later. Once an FIR alleges a scheduled offence, the Enforcement Directorate (“ED”) may investigate whether property generated by that criminal activity constitutes “proceeds of crime”.² The danger lies in the sequence being reversed: a disputed commercial transaction is first given a criminal […]
Read More ››
