White Collar Crimes | S&A Law Chambers

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The Chambers has specialized expertise in white collar criminal law, with Shyam Agarwal having significant experience as a criminal lawyer in trial courts. We handle complex financial crimes, corporate frauds, money laundering cases, and regulatory violations. We also provide services relating to quashing of criminal cases before the Delhi High Court.

Our practice includes representing accused persons in cases involving the Prevention of Money Laundering Act, Foreign Exchange Management Act, Prevention of Corruption Act, and other economic offences. We have represented clients in high-profile fraud investigations, providing comprehensive legal strategy from investigation stage through trial proceedings.

Anu is empanelled with the Serious Fraud Investigation Office (SFIO) where she handles corporate frauds and disciplinary complaints against chartered accountants and company secretaries on behalf of the SFIO.

Common Questions

What is money laundering?

Money laundering involves directly or indirectly indulging in or knowingly assisting, or being actually involved in any process or activity connected with the proceeds of crime, including concealment, possession, acquisition, or use, and projecting it as untainted property (Prevention of Money Laundering Act, 2002, s. 3).

What is the Prevention of Money Laundering Act (PMLA)?

The Prevention of Money Laundering Act, 2002, is an Indian statute enacted to prevent the crime of money laundering, provide for the confiscation of property derived from or involved in such illegal activities, and address related matters (Prevention of Money Laundering Act, 2002).

What is the role of Special Court under PMLA?

The Special Court under PMLA is designated by the Central Government to have exclusive jurisdiction for the trial of all offences punishable under the Act, as well as any other offence with which the accused may be charged at the same trial [Prevention of Money-Laundering Act, 2002, Section 43].

Is PMLA a criminal or civil law?

The Prevention of Money Laundering Act, 2002 (PMLA) has characteristics of both criminal and civil law, operating as a special penal statute. It is primarily criminal in nature as conviction under the Act results in rigorous imprisonment (PMLA, 2002, Section 4). However, it also includes civil aspects like the attachment and confiscation of property.

Can properties of innocent persons be attached under PMLA?

Yes, properties acquired by innocent third parties can be provisionally attached under the PMLA if they are determined to be "proceeds of crime" linked to a scheduled offence, irrespective of the purchaser's knowledge; however, the law provides for subsequent restoration of property to claimants if confirmed as untainted (Prevention of Money-Laundering Act, 2002, Section 8).