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ED steps up probe even if predicate case fails; flags rise in crypto, cyber crimes

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Even if accused are acquitted in predicate offences, the Enforcement Directorate (ED) should not halt money laundering investigations and must explore fresh legal avenues, Additional Solicitor General SV Raju said on ED Day, underlining a critical legal position amid ongoing judicial scrutiny of the Prevention of Money Laundering Act (PMLA).

The remarks come as courts, including the Supreme Court, examine whether PMLA proceedings can continue independently of the underlying criminal offence, a question that could significantly shape the ED’s future enforcement strategy.

Marking its 70th foundation day, ED Director Rahul Navin said the agency is simultaneously recalibrating its focus to tackle emerging threats such as cryptocurrency fraud, cyber-enabled financial crimes, terror financing, and narcotics-linked money laundering, even as traditional bank frauds and corporate scams have seen a relative decline.
Prosecution Push Intensifies

The ED reported a sharp jump in enforcement activity in FY26, filing 812 prosecution complaints, nearly double the previous year’s figure. Notably, over 41% of all prosecution complaints ever filed by the agency have come in just the last two years.

The agency’s conviction rate stands at 94%, with more than 2,400 cases currently pending before trial courts. Officials indicated confidence that most would result in convictions and confiscation of proceeds of crime, reinforcing the ED’s prosecutorial track record.

₹2.36 Lakh Crore Assets Attached

Beyond prosecutions, the ED highlighted its growing emphasis on financial disruption — attaching and recovering illicit assets to prevent further criminal activity.

In FY26 alone, assets worth ₹81,422 crore were attached, taking the cumulative total to ₹2.36 lakh crore. Of this, around ₹63,142 crore has been restituted to victims, including banks, investors, and homebuyers.

Officials stressed that amendments to the PMLA enabling non-conviction-based confiscation have played a crucial role in accelerating restitution, allowing relief even before trial completion in select cases.

Legal Debate on PMLA Gains Momentum

The legal question flagged by Raju — whether money laundering cases can survive independently of predicate offenses — remains central to several ongoing disputes.

Legal experts note that a ruling in favor of standalone PMLA proceedings would align India more closely with global anti-money laundering standards, while a contrary view could significantly impact the ED’s enforcement model.

Fugitive Crackdown and Global Role

Under the Fugitive Economic Offenders Act, proceedings have been initiated against 54 individuals, with 21 declared fugitives and assets worth ₹2,178 crore confiscated.

On the global stage, India’s role in anti-money laundering frameworks continues to expand. The country now chairs key asset recovery networks in the Asia-Pacific region and is set to host major international forums, reflecting growing credibility in cross-border enforcement.

Government Backs ED

Union Minister of State for Finance Pankaj Chaudhary defended the agency against allegations of misuse, stating that enhanced powers given to the ED are essential to combat corruption, black money, and terror financing.

Internal Reforms and Transparency Push

The Directorate also outlined institutional reforms, including:

Risk-based investigation frameworks

Enhanced supervisory oversight

QR code-based verification of summons to curb misuse

Faster resolution of FEMA cases through compounding

A Structural Shift in Financial Crime

Seventy years after its establishment in 1956, the ED is transitioning into a more technology-driven enforcement agency, with increasing focus on cross-border financial flows and digital assets.

The message from ED Day was clear: as financial crime evolves, enforcement will increasingly hinge not just on prosecution, but on tracking, attaching, and restoring illicit wealth — even as legal boundaries of the PMLA continue to be tested in courts.

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