White-Collar and Economic Offences
PMLA, corruption, fraud and regulatory investigations.
What is white-collar and economic offences practice?
White-collar crime covers financial and economic offences such as money laundering, corruption, cheating and corporate fraud. Atreya Legal advises companies, directors and professionals through investigations by the Enforcement Directorate, the Central Bureau of Investigation, the Serious Fraud Investigation Office and state economic offences wings, and defends them at trial.
- Practice group
- Criminal law
- Principal statute
- Prevention of Money Laundering Act, 2002
- Heard before
- Special PMLA and CBI courts, Adjudicating Authority and Appellate Tribunal under PMLA, High Courts
- Advocate
- Adv. Bhawani Shanker Atrey
What the practice covers
Money laundering
Summons, attachment of property, arrest and bail under the Prevention of Money Laundering Act, 2002.
Corruption cases
Defence of public servants and private parties under the Prevention of Corruption Act, 1988.
Corporate fraud
Investigations under Section 212 and prosecutions under Section 447 of the Companies Act, 2013.
Cheating and breach of trust
Offences under Sections 316 and 318 of the Bharatiya Nyaya Sanhita, 2023.
Foreign exchange and benami matters
Adjudication under FEMA, 1999 and proceedings under the benami property law.
Internal investigations
Fact-finding for boards and audit committees, and advice on reporting duties.
Statutes and courts
Governing statutes
- Prevention of Money Laundering Act, 2002
- Prevention of Corruption Act, 1988
- Companies Act, 2013
- Bharatiya Nyaya Sanhita, 2023
- Foreign Exchange Management Act, 1999
- Negotiable Instruments Act, 1881
Courts and authorities
- Special PMLA and CBI courts
- Adjudicating Authority and Appellate Tribunal under PMLA
- High Courts
- Supreme Court of India
Common questions on white-collar matters
What conditions apply to bail in a money laundering case?
Section 45 of the PMLA sets two further conditions. The public prosecutor must be heard, and the court must be satisfied that there are reasonable grounds to believe the accused is not guilty and is unlikely to commit an offence while on bail.
Can the Enforcement Directorate attach property before trial?
Yes. Under Section 5 of the PMLA an officer may provisionally attach property believed to be proceeds of crime for up to 180 days, and the Adjudicating Authority must confirm the attachment for it to continue.
Discuss a white-collar matter with the firm.
Write or call with a short account of the facts and the papers you hold. The firm will tell you whether it can act and what the first step is.