New Delhi: Enforcement Directorate (ED) filed Prosecution Complaint under PMLA before Hon’ble District and Session Judge (Special Court, PMLA) Chandigarh against Gurnam Singh, Former Deputy Director of ED, his wife Dalip Kaur and Puneet Sharma, Advocate who represented on behalf of investors of Unipay Ponzi Schemes in the Hon’ble High Court of Punjab and Chandigarh.
Gurnam Singh the then Deputy Director of ED was in the habit of misusing his official position &power for his personal benefits
During the course of an investigation into the cases of M/s Unipay2U Marketing and Unipaygateway2U Trading, it was revealed that Puneet Sharma Advocate, the counsel for the aggrieved investors/petitioners in the writ petitions before the Hon’ble Punjab and Haryana High Court was in collusion with Gurnam Singh, former Deputy Director of ED. It was found that Gurnam Singh the then Deputy Director of ED was in the habit of misusing his official position &power for his personal benefits, hence was repatriated back to his parent department on 20.01.2017.
He extracted money from the investors through Puneet Sharma by misrepresenting & making false claims of his proximity to the people in positions of power, authority and at the same time took a bribe from the promoters of Ponzi schemes. In this manner, he had received bribe money in the range of Rs. 3.5-4.5 crores from the respondents/accused persons with a fraudulent promise to settle the writ petition in the Hon’ble High Court as well as ongoing investigation in the instant case registered by ED. The proceeds of crime illegally obtained by Gurnam Singh were structured and layered in the form of immovable properties in his name& in the name of his wife which were later on projected as being untainted.
Searches were conducted on 22.03.2018 and 23.03.2018 at the residences of Gurnam Singh, Puneet Sharma and other persons involved in the case, which resulted in unearthing of documents relating to possession of movable and immovable properties.
As a result of a further investigation in this regard, Provisional Attachment Order dated 04.12.2018 u/s 5 of PMLA, 2002 amounting to Rs. 4.80 crores, in respect of the proceeds of crime, layered and structured in the form of properties, in respect of Gurnam Singh, former Officer of ED, Dalip Kaur w/o Gurnam Singh and Puneet Sharma Advocate was issued and consequently Prosecution Complaint u/s 45 of PMLA, 2002 was filed on 05.12.2018 before the Hon’ble District and Session Judge (Special Court, PMLA), Chandigarh against Gurnam Singh, Dalip Kaur w/o Gurnam Singh and Puneet Sharma Advocate.
It may be recalled that FIRswere registered in Haryana, Punjab and Chandigarh against the agents of M/s Unipay2U Marketing Pvt. Ltd. and Unipaygateway2U Trading Pvt. Ltd. based at Chennai, Tamil Nadu and has offices in Bangalore, Karnataka. The companies had Managing Director namely Mugundham Gangam, a Malaysian National besides other Indian Directors. The company floated online investment Scheme on the basis of various complex marketing level techniques of referral and binary system. The investors were required to invest in the scheme with an assured return of 21% for 10 months. Initially, in order to gain the confidence of the public and to attract more investors, the company paid back money to the investors along with the return promised by them but after some time the company fled with the money of the investors.
The aggrieved investors approached the Hon’ble Punjab and Haryana High Court in 2011 by filing various writ petitions against the company and its agents through Puneet Sharma Advocate. The Hon’ble Punjab and Haryana High Court entrusted the investigation to the Enforcement Directorate Chandigarh in 2012, accordingly, ECIR was recorded on 07.03.2012.
The investigation had revealed the proceeds of crime is at the hands of one of the accused Kamal K. Bakshi and Provisional Attachment Order was issued on 24.01.2013 u/s 5 of PMLA, 2002 to the tune of Rs. 1.63 crores. Subsequently, prosecution complaint was filed on 27.09.2017 u/s 45 of PMLA, 2002. Absconding other accused agents of M/s Unipay were traced and searches were conducted on 28.07.2017 leading to detection and identification of proceeds of crime which were also attached vide Provisional Attachment on 29.12.2017 u/s 5 of PMLA, 2002 to the tune of Rs. 6.70 crores and the Prosecution Complaint was filed on 17.07.2018.
Further investigations are in progress.