Enforcement Directorate: India

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Personnel issues

2017: operates at 44% of approved strength

Pradeep Thakur, ED probing scams with 44% strength, December 10, 2017: The Times of India

Sanctioned strength and its vacancy position for manpower in Enforcement Directorate-supervisory level, investigating officers, legal staff, all posts
From: Pradeep Thakur, ED probing scams with 44% strength, December 10, 2017: The Times of India

The ED is facing an acute manpower crunch as it continues to operate at 44% of its approved strength, impacting critical operations at the investigating officers’ level, which has as many as 319 posts vacant.

A recent note prepared by the agency and shared with the Central Vigilance Commission and the government shows that, against an approved strength of 2,064, the agency currently has a working strength of only 864.

The shortage of officers is higher at the critical level of deputy directors, assistant directors and enforcement officers, who are also the investigating officers (IOs) in all Foreign Exchange Management Act (FEMA) and Prevention of Money Laundeing Act (PMLA) cases.

At this level, the agency is operating at less than 58% of the approved strength. Out of the 750 sanctioned posts in these three categories, the current working strengthis431.

The agency has brought to the notice of the government how even at the supervisory level the strength is depleted with only 25 of 43 sanctioned posts occupied. The highest vacancy at the supervisory level is among joint directors, with only 17 of 33 sanctioned posts occupied.

The agency has said the last time the government advertised for the appointment of joint directors was in December 2016, but no selection has been made so far.

A senior officer pointed out how the monetary incentive available for investigating officers keeping them on a par withCBI and income tax officers has also been withdrawn by the government, leading to disappointment among staff who have been burdened with additional work in view of thehigh number of PMLA cases registered over the past few years.

A status report revealed that the agency had an opening balance of 4,700 FEMA cases in 2014-15. Over the past two years, it has managed to bring pendency down to1,900, disposing of allcasesfrom before 2001. Similarly, under PMLA, the agency had an opening balance of 1,300 casesin 2014-15, pending since 2006, which it managed to bring down to 445 in 2016-17.

The EDiscurrently investigating many high-profile cases, including that of fugitive tycoon Vijay Mallya, former Maharashtra deputy CM Chhagan Bhujbal, and YSR Congress chief Jagan Mohan Reddy, besides those pertaining to the stock exchange and import-export scams where shell firms were used to remit black money to the tune of crores out of India.

Seized assets

Storage of seized assets

October 15, 2018: The Times of India

Value of seized assets, 2015-17; Statewise number of immovable properties attached from 2007 to 2013
From: October 15, 2018: The Times of India

What happens to seized assets before the govt can sell them?

Assets worth a total of 4,400 crore have now been seized in the 14,000-crore PNB scam case involving fugitive jeweller Nirav Modi, but seizing the property is not the same as the bank recouping its losses as there is a long process that officials must go through before liquidating any property, which the government has to maintain in the meantime. Here’s a look at what happens to an asset after it’s seized and how long before it can be disposed of...

What is the value of assets seized by enforcement directorate?

The Enforcement Directorate (ED) seized fugitive jeweller Nirav Modi’s properties worth Rs 637 crore. That includes jewellery, luxury apartments and bank accounts. It is to be noted that many times the value of seized assets are not always what the agency claims in the first instance. In Nirav Modi’s case, the agency had claimed in February that it has seized gold and diamonds worth Rs 5,100 crore but the value turned out to be about Rs 2,000 crore. Data available for past three years suggest that in this period ED has seized assets worth Rs 18,559 crore under the provisions of Money Laundering Act (PMLA), 2002.

Who maintains the seized assets?

When property is seized, maintaining them is the investigating agency’s responsibility, if it plans to sell them later at the right price to recover money. Maintaining seized property is a problem even the government is trying to find a solution to.

When can the government sell these assets?

The assets seized can’t be sold by the investigating agency till the accused is convicted by a court. That’s not all — the process itself has delay built into it. It involves, firstly, attaching assets, which is provisional, followed by producing papers before the adjudicating authority (under the finance ministry’s revenue department), followed further by an appeal by the accused, for which he/she can take upto 150 days and that’s assuming the ruling is in ED’s favour, after which the ED takes possession of assets if the accused loses appeal in Appellate Tribunal and then wait for the accused to be convicted by the Supreme Court, after the case has gone through all the lower courts, before the ED can finally sell the assets.

Which state has the highest number of immovable property attached by ED?

Although latest data is not available, on its website ED has posted a list of 1,051 confirmed attached immovable property whose provisional attachment order were issued between 2007 and 2013. The largest number of these properties whose attachment was confirmed by relevant adjudicating authority as mentioned in the PMLA were located in Andhra Pradesh, which is followed by Maharashtra and West Bengal.

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