Corporate insolvency resolution process amended with expanded disclosure, guarantor asset transfer rules, and new dissolution and restoration procedur...
Attachment of properties as proceeds of crime may be sustained where funds from money-laundering activities are traceable to their acquisition and no complete legitimate source is established. Active participation in MLM operations, rather than mere receipt of brokerage commission, supported the finding that the funds were tainted. A bank loan did not establish a legitimate source where its repayment remained unexplained. Continued receipt of rent from property held in another person's name indicated beneficial enjoyment and supported treating the ostensible transferee as a name-lender. The provisional attachment of the properties was therefore confirmed.
Attachment of properties as proceeds of crime may be sustained where funds from money-laundering activities are traceable to their acquisition and no complete legitimate source is established. Active participation in MLM operations, rather than mere receipt of brokerage commission, supported the finding that the funds were tainted. A bank loan did not establish a legitimate source where its repayment remained unexplained. Continued receipt of rent from property held in another person's name indicated beneficial enjoyment and supported treating the ostensible transferee as a name-lender. The provisional attachment of the properties was therefore confirmed.
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