FUGITIVE ECONOMIC OFFENDERS - ECONOMY

News:

       India called upon G­20 countries to adopt multilateral action for faster extradition of fugitive economic offenders and recovery of assets, both domestically and abroad.

 

Fugitive Economic Offender:

       The term ‘fugitive economic offender’ [FEO] is defined as ‘an individual against whom a warrant of arrest in relation to scheduled offense has been issued by any court in India and who has left the country to avoid criminal prosecution; or the FEO abroad refuses to return to face criminal prosecution’.

 

Fugitive Economic Offenders Act, 2018 - Provisions:

       It seeks to confiscate properties of economic offenders who have left the country to avoid facing criminal prosecution or refuse to return to the country to face prosecution.

       Fugitive Economic Offender (FEO): A person against whom an arrest warrant has been issued for committing an offense listed in the Act and the value of the offense is at least Rs. 100crore.

       Some of the offenses listed in the act are:

       Counterfeiting government stamps or currency.

       Cheque dishonor.

       Money laundering.

       Transactions defrauding creditors.

       After hearing the application, a special court (designated under the PMLA, 2002) may declare an individual as a fugitive economic offender.

       It may confiscate properties which are proceeds of crime, Benami properties and any other property, in India or abroad.

       Upon confiscation, all rights and titles of the property will vest in the central government, free from encumbrances (such as any charges on the property).

       The central government may appoint an administrator to manage and dispose of these properties.

       The Enforcement Directorate (ED) is responsible for investigating offenses under the Fugitive Economic Offenders Act, 2018.