Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
Retention of seized property survives where recorded reasons support proceeds of crime, while stayed investigation periods are excluded from limitatio...
Amounts transferred before the period in which the scheduled crime was committed do not constitute proceeds of crime merely because the underlying transaction later failed. The transfer for proposed purchase of commercial premises preceded the identified diversion of homebuyers' funds and therefore represented a potential civil or commercial claim, not criminal proceeds. Attachment of property of equivalent value is permissible only where proceeds of crime are unavailable and receipt or diversion of those proceeds by the concerned person is established. Enforcement proceedings cannot be used to recover an unrelated pre-crime-period business debt. The provisional attachment was therefore treated as unsustainable, without preventing lawful recovery through civil or other appropriate proceedings.
Amounts transferred before the period in which the scheduled crime was committed do not constitute proceeds of crime merely because the underlying transaction later failed. The transfer for proposed purchase of commercial premises preceded the identified diversion of homebuyers' funds and therefore represented a potential civil or commercial claim, not criminal proceeds. Attachment of property of equivalent value is permissible only where proceeds of crime are unavailable and receipt or diversion of those proceeds by the concerned person is established. Enforcement proceedings cannot be used to recover an unrelated pre-crime-period business debt. The provisional attachment was therefore treated as unsustainable, without preventing lawful recovery through civil or other appropriate proceedings.
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