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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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