Case Laws Money Laundering
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Equivalent-value attachment permits securing untainted pre-offence assets only when unavailable criminal proceeds, valuation, and statutory risk are established.
Pre-offence property is ordinarily not directly derived from later scheduled-offence activity, but may be provisionally attached as equivalent value where actual proceeds are unavailable. Such attachment requires identification and reasoned valuation of the alleged proceeds, material showing their unavailability, and recorded reasons to believe that non-attachment risks concealment, transfer, or other frustration of confiscation. A later use of illicit funds to repay loans, construction borrowing, or secured obligations may separately establish a direct or indirect nexus. Section 24 presumptions do not replace the foundational requirements for attachment.