Money Laundering Protirodh Ain, 2012 | Case Reference

Money Laundering Protirodh Ain (V of 2012) 

Section 2(ক)

Money Laundering The money laundering is also termed as white collar crimes. The white collar crimes are often committed by a person of responsibility, respectability and high social status in the course of their occupation. These non-violent crimes are usually committed in commercial institutions for financial gain. Many white- collar crimes are especially difficult to prosecute because the perpetrators use sophisticated means to conceal their activities through a series of complex transactions.    [73 DLR 207]

Section 2(ফ)-Bail in a money laundering case-Since the accused persons made positive statements that Destiny Group own 35,00,000 saleable trees planted on more than thousand acres of land, which may be sold at Taka 28,00,000 crore approximately, this court finds that if the proposal of the accused persons is accepted the public money will be secured. Durnity Daman Commission vs Mohammad Hossain, 69 DLR (AD) 1

Section 2(ফ) (শ)-Despite having clear involvement in the alleged occurrence, exclusion from the prosecution cannot be validated. It cannot be a pleasure of ACC to prosecute a particular person keeping aside his accomplices. The persons whose involvements in an occurrence are disclosed must be made accused. Without making them accused and tendering pardon, the status of M Shahjad Ali and Tahmina Ali cannot be simple witnesses. Giasuddin-al Mamun vs State, 68 DLR 67

Section 2(শ) - Predicate offence- Commission can take notice of any allegation received from any other source the action of the Commission in taking cognizance of the allegation received through newspaper reporting and thereafter forming opinion to cause inquiry into the same was perfectly justified and lawful inasmuch as the offence of money laundering is a scheduled offence. Offence relating to customs duty has also been included in the category of predicate offence under the Ain, 2012 which came into effect from 16-9-2012. Sabir Traders Limited vs Anti-Corruption Commission  70 DLR 789

Section 2() - Predicate offence- Many white-collar crimes are especially difficult to pro prosecute because the perpetrators use sophisticated means to conceal their activities through a series of complex transactions. The most common white-collar offences include: anti-trust violations, computer and internet fraud, credit card fraud, phone and telemarketing fraud, bankruptcy fraud, healthcare fraud, environmental law violations like discharge of a toxic substance into the air, water and soil which pose significant threat of harm to people, property, or the environment including air pollution, water pollution, and illegal dumping, insurance fraud, mail fraud, government fraud, tax evasion, financial fraud, securities fraud, insider trading, bribery, kickbacks, counterfeiting, public corruption, money laundering, embezzlement, economic espionage and trade secret theft. Mohua Ali vs State, 70 DLR 816

Money Laundering Protirodh Ain, 2012

Section 2(d)- Bail- There are allegations against the accused respondents of misappropriation of huge amount of money. The accused respondents do not deny about the collection of such huge amount of money from the shareholders. Only dispute which has been found as per submissions of the learned counsel are that according to the prosecution, the accused persons have misappropriated the money without investing in the projects but according to the accused respondents the money has been utilized in different projects. Since the accused persons made positive statements that Destiny Group own 35,00,000 saleable trees planted on more than thousand acres of land, which may be sold at Taka 28,00,00,00,000 crore approximately, this court finds that if the proposal of the accused persons is accepted the public money will be secured. .....Durnity Daman Commission =VS= Mohammad Hossain, [3 LM (AD) 549]

Section 13-Section 13 of the Ain will govern in dealing the prayer for bail, not section 497 and 498 of the Code of Criminal Procedure. offence of money laundering is an organized crime, the allegations made in the police report against the accused and, purport and scope of section 13 of the Ain, 2012, I have no hesitation to hold that the High Court Division committed serious error in granting bail to the accused. (Per M. Enayetur Rahim, J agreeing with Md Ashfaqul Islam, J) State vs AHM Fuad (Criminal) 75 DLR (AD) 241

Money Laundering Protirodh Ain (V of 2012)

Section 13

The petitioner took treatment from the BSMMU in different times which is the best medical institution of the country and earlier this Division was directed to enlarge the petitioner on bail on certain grounds as approached by the petitioner himself but he himself violated his own promise made before this Court. The High Court Division rightly rejected his prayer for bail.

This Division earlier decided to enlarge the petitioner on bail with some conditions. Since the petitioner has made confessional statements admitting the facts of misappropriation of money, this Court observed that a portion of the misappropriated amount shall be returned to the affected persons who have been suffering but the petitioner did not pay any farthing. ....(7. 11 & 12)

76 DLR (AD) 5

Money Laundering Protirodh Ain (Vof 2012) 

Section 13(Kha)

A huge amount of money amounting to Taka 1935,53,20,000 is involved in this case, if the accused-appellant is enlarged on bail, he may flee from the case as well as from the country. Apart from these, he may also influence and motivate the prosecution witnesses. The accused-appellant is prima facie involved in the offence of money laundering, financial crime and suspicious transactions. We are not inclined to enlarge the accused-appellant on bail. The prayer for bail of the accused-appellant is refused. [73 DLR 537]

Money Laundering Protirodh Ain (V of 2012) 

Section 14

On the prayer of investigation officer of the Commission, and/or the Commission, the Senior Special Judge Court or the Court before which the case is pending can pass an order for freezing the bank account and for attaching the properties remained within Bangladesh or outside Bangladesh which are acquired and obtained by committing the offence of money laundering or by the proceeds of money laundering. [73 DLR 207]