Section 2(1)(u)Section 2(1)(y)PredicateValuationNexus
AMLEGALS / White Collar & PMLA / Proceeds & Scheduled Offence
The foundations of a PMLA case

No scheduled offence, no proceeds, no case

The offence of money laundering stands on two foundations — a scheduled offence and proceeds of crime derived from it. AMLEGALS tests both, because weaknesses in the foundation run through the entire case.

Strategic context

Attack the foundation, not just the allegation

Every PMLA case rests on a chain: a scheduled offence generates criminal activity, that activity produces proceeds of crime, and dealing with those proceeds as untainted property constitutes money laundering. Remove any link in the chain and the case is in difficulty. That is why the most effective defences begin not with the money-laundering allegation itself, but with its foundations — whether a scheduled offence is genuinely made out, whether the property is truly derived from it, and how the proceeds and their value have been computed.

The dependence is not merely theoretical. The Supreme Court has recognised that discharge, acquittal or quashing of the scheduled offence removes the basis for a money-laundering case against that person in respect of those proceeds. The status of the predicate offence must therefore be tracked throughout, and the characterisation of property as proceeds of crime — or as property of equivalent value — must be held to proof. AMLEGALS builds the defence from these foundations outward.

Workstreams

Testing the foundations

01

Scheduled offence test

Analysing whether a scheduled offence is genuinely made out as the predicate.

02

Proceeds identification

Testing whether property is derived from criminal activity relating to the scheduled offence.

03

Valuation analysis

Examining the computation of proceeds of crime and property of equivalent value.

04

Predicate status tracking

Monitoring discharge, acquittal or quashing of the predicate offence and its effect.

05

Nexus challenge

Challenging the characterisation of unconnected property as proceeds of crime.

06

Foundation strategy

Translating weaknesses in the foundation into defence across attachment and trial.

Answers

Frequently asked questions

01What are proceeds of crime under the PMLA?

Section 2(1)(u) defines proceeds of crime as any property derived or obtained, directly or indirectly, by any person as a result of criminal activity relating to a scheduled offence, or the value of any such property, or where such property is taken or held outside the country, the property equivalent in value held within the country or abroad. The definition is the gateway concept of the Act — if there are no proceeds of crime, there is no money laundering.

02What is a scheduled or predicate offence?

A scheduled offence under Section 2(1)(y) is an offence specified in the Schedule to the Act — drawn from several statutes including the penal law and various special laws. The scheduled offence is the predicate: it is the criminal activity that generates the proceeds of crime. Without a scheduled offence there can be no proceeds of crime, and therefore no offence of money laundering. Identifying and testing the scheduled offence is the first analytical step in any PMLA matter.

03What happens if the predicate offence is quashed or ends in acquittal?

The Supreme Court has recognised that the offence of money laundering is dependent on the scheduled offence. If the person is discharged or acquitted of the scheduled offence, or the proceeding relating to it is quashed by a court of competent jurisdiction, there can be no offence of money laundering against that person in relation to those proceeds. The status of the predicate offence is therefore continuously relevant to the PMLA case.

04Can property unconnected to the offence be treated as proceeds of crime?

The concept of proceeds of crime is tethered to criminal activity relating to a scheduled offence. Where property has no nexus to such activity, its characterisation as proceeds of crime is open to challenge. The Act does allow, where the actual proceeds are not traceable, attachment and confiscation of property of equivalent value — but the foundational link to a scheduled offence and to criminal activity must still be shown.

05How does this analysis shape the defence?

Because the entire edifice of a PMLA case rests on proceeds of crime arising from a scheduled offence, a rigorous defence begins by testing those foundations — whether a scheduled offence is genuinely made out, whether the property is genuinely derived from it, how the proceeds and their value are computed, and the status of the predicate proceeding. Weaknesses in the foundation ripple through the whole case.

06Does an initial discussion create a lawyer-client relationship?

No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing.

Engage AMLEGALS

Request a foundation review

Share the predicate offence and the property in question for a confidential preliminary assessment.

Request a foundation review

Business contact details are used only to respond to this request. No lawyer-client relationship arises until conflicts, scope and terms are agreed in writing.