ED: Only 2.98% of complaints against politicians, conviction rate 96%

Contrary to public perception, the Enforcement Directorate (ED) has filed a mere 2.98 per cent of its complaints against serving or former MPs and MLAs while its conviction rate under the anti-money laundering law is as high as 96 per cent.

The ED has published updated data of its action under the three laws it implements — the Prevention of Money Laundering Act (PMLA), the Foreign Exchange Management Act (FEMA) and the Fugitive Economic Offenders Act (FEOA) — till January 31, 2023.

Also read: PMLA cases probed by ED have increased over 500% in 3 years: Govt data

The ED was entrusted with enforcing the stringent provisions of the PMLA, enacted in 2002, from July 1, 2005.

The agency can summon, arrest and attach the assets of the accused at the investigation stage and prosecute the offenders before a court.

ED data

The data said the ED filed 176 Enforcement Case Information Reports (ECIRs) or complaints against existing and ex MPs, MLAs and MLCs.

This comes to 2.98 percentage of the total 5,906 such complaints filed since the law came into being.

It said a total of 1,142 prosecution complaints or charge sheets have been filed till now under the PMLA. It has arrested a total 513 people.

Trial, according to the data, was completed in a total of 25 cases under the PMLA till this period, leading to conviction in 24 cases. One case resulted in acquittal.

The number of accused convicted under the anti-money laundering law stands at 45.

High conviction

The percentage of conviction is as high as 96 per cent, the ED said.

These convictions led to the confiscation of assets of Rs 36.23 crore while the courts imposed a fine of Rs 4.62 crore against the convicts.

The opposition parties have often criticised the ED for choosing to act against politicians and have said that the agency has a dismal conviction rate.

The data said that only in 8.99 per cent or in 531 cases out of the total 5,906 complaints filed, a search or raid was conducted by the agency. The number of search warrants issued in these 531 cases is 4,954.

According to the data, a total of 1,919 provisional attachment orders were issued by the agency under the anti-money laundering law, under which assets to the tune of total Rs 1,15,350 crore were attached.

ED’s target

The agency has been investigating some high-profile people, including chief ministers, senior politicians, bureaucrats, business groups, corporates, foreign nationals and others under the anti-money laundering law.

The Adjudicating Authority of the PMLA confirmed 1,632 such attachment orders (holding assets worth Rs 71,290 crore) while 260 (with assets under attachment worth Rs 40,904 crore) were pending for confirmation.

The ED said it launched 33,988 cases under this civil law till January end this year. Investigation was disposed in 16,148 cases.

A total of 8,440 show cause notices (after completion of investigation) were issued under the FEMA out of which 6,847 were adjudicated, the data said.

The FEMA was enacted in 1999 after repealing the Foreign Exchange Regulation Act (FERA) of 1973.

Fleeing abroad

The agency said it initiated proceedings against 15 people, out of which nine have been declared Fugitive Economic Offenders (FEO) by the courts.

Also read: ‘Cheap trick’, says KCR’s daughter Kavitha as ED names her in liquor scam

The assets attached under this law, brought in 2018, are pegged at Rs 862.43 crore, the data said.

The FEOA was enacted by the Narendra Modi government to cripple those charged with high-value economic frauds and who fled the country.

(With inputs from agencies)