Benami transaction and beneficial ownership: documentary and circumstantial evidence show payors were true beneficiaries, resulting in PBPTA consequen...
Denial of Preferential Treatment under SAFTA overturned where unchallenged Country of Origin certificate warranted exemption under Notification benefi...
Continuing offence of money-laundering: discharge set aside and proceedings reinstated where laundering continued after inclusion of predicate offence...
PMLA's concept of proceeds of crime requires that property be derived directly or indirectly from a scheduled offence and thus be traceable to that offence; consequently a scheduled offence and related proceeds are prerequisite for prosecution for money laundering, although a person not party to the scheduled offence may still commit the substantive money laundering offence by assisting concealment or use of proceeds. At the bail stage courts undertake only a prima facie assessment on broad probabilities; where the prosecution's aggregated transaction figures do not prima facie establish a nexus to the accused and disclosure to the predicate agency was made, bail was granted.
PMLA's concept of proceeds of crime requires that property be derived directly or indirectly from a scheduled offence and thus be traceable to that offence; consequently a scheduled offence and related proceeds are prerequisite for prosecution for money laundering, although a person not party to the scheduled offence may still commit the substantive money laundering offence by assisting concealment or use of proceeds. At the bail stage courts undertake only a prima facie assessment on broad probabilities; where the prosecution's aggregated transaction figures do not prima facie establish a nexus to the accused and disclosure to the predicate agency was made, bail was granted.
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