Court Accepts ED Closure Report in ₹10-Crore Corporate Fraud Case
PMLA court accepts ED closure report in case linked to alleged ₹10-cr corporate fraud
Hindustan Times
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A special court in Mumbai has accepted the Enforcement Directorate's closure report in a money-laundering case linked to an alleged ₹10-crore corporate fraud involving Oil Tools International Services Pvt Ltd. The court ruled that the prosecution could not proceed as the predicate offence had been resolved through a compromise and acquittal.
- 01The court accepted the ED's closure report, ending the money-laundering investigation.
- 02The case involved alleged fraud by Indian directors of Oil Tools International Services Pvt Ltd.
- 03The original complaint alleged a dilution of the foreign investor's stake and misappropriation of funds.
- 04The jurisdictional magistrate previously allowed a settlement between the complainant and the accused.
- 05The court emphasized that without an ongoing predicate offence, the money-laundering charges were unsustainable.
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On Saturday, a special court in Mumbai accepted the Enforcement Directorate's (ED) closure report regarding a money-laundering case linked to an alleged ₹10-crore (approximately $1.2 million USD) corporate fraud involving Oil Tools International Services Pvt Ltd (OTISPL), a company based in Raigad, Maharashtra, India. The court determined that the prosecution could not continue once the underlying offence was resolved through a compromise and acquittal.
The case originated from a first information report (FIR) filed on May 14, 2019, alleging cheating and conspiracy by the Indian directors of OTISPL, who were accused of fraudulently altering the company’s shareholding structure and siphoning off funds. Following the FIR, the ED registered an Enforcement Case Information Report (ECIR) in February 2021 to investigate the alleged money laundering. However, the case fell apart when the jurisdictional magistrate allowed the accused directors to settle with the complainant company in January 2022, leading to their acquittal.
The ED informed the court that no properties had been attached under the Prevention of Money Laundering Act (PMLA) and that no evidence of 'proceeds of crime' had emerged during the investigation. The court reiterated that without an ongoing predicate offence, there could be no valid money-laundering charges, thus formally accepting the ED's closure report.
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The court's decision to close the case may impact the perception of corporate governance and accountability in India, particularly in cases involving foreign investments.
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