CS Executive · Economic, Commercial and Intellectual Property Laws · Prevention of Money Laundering
A bank officer, Ravi, knowingly helps a customer layer funds from a scheduled offence through several accounts so they look clean. Ravi does not himself own the funds. Is Ravi guilty of money-laundering under Section 3 of the PMLA?
Ravi is guilty because Section 3 covers anyone who knowingly assists or is a party to any process or activity connected with proceeds of crime. It is not limited to owners of the funds, and receiving a share is not required.
- ANo, because only the owner of the proceeds can be guilty
- BNo, because assistance is punishable only by the bank and not the officer
- CYes, because knowingly assisting in any process connected with proceeds of crime is coveredCorrect
- DYes, but only if he received a share of the proceeds
Explanation
Section 3 covers whosoever directly or indirectly attempts to indulge or knowingly assists or knowingly is a party to or involved in a process connected with proceeds of crime. Ownership or a share is not required, so the first and last options are wrong.
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