Bank ‘fraud’ abroad: FIA allowed to proceed against 2 Pakistanis

19 Nov, 2020

ISLAMABAD: The Federal Cabinet has allowed Federal Investigation Agency (FIA) to proceed against two Pakistanis for purportedly violating the Anti-Money Laundering laws, committing millions of dollars fraud in Switzerland and Norway.

Recently, Interior Division informed the Cabinet that cases were registered at FIA Corporate Crime Circle (CCC), Lahore, pursuant to enquiry No.72/2020. During the enquiry proceedings, it had “transpired” that Umar Farooq Zahoor along with his co-accused, had committed a bank fraud in Bern, Switzerland in 2004 amounting to $ 12 million (FIR No.36/2020) and another bank fraud in Oslo, Norway in 2010 amounting to 89.2 million (Norwegian Krone) NOK (FIR No.40/2020);

During the enquiry it also transpired that shortly after the alleged bank frauds, the proceeds of crime/embezzlement were purportedly routed through banks in Turkey and the UAE, etc, to the account of Umar Farooq Zahoor and Saleem Ahmed (brother-in-law of Umar Farooq) in Pakistan.

In view of the “evidence” available on record, prima facie accused Farooq and Saleem Ahmed had committed offences under Sections 408 / 409 / 419 / 420 / 467 / 468 / 471(108-A) / 109 PPC r/w Sections 3/4 Anti-Money Laundering Act, 2010 and 3 PPC. Hence FIRs No. 36 & 40/2020 had been registered against the said accused persons at FM, CCC, Lahore.

Interior Division maintained that since the offences were committed beyond the limits of Pakistan ( Bern , Switzerland & Oslo , Norway ), therefore, permission u/s 188 a. PC was required to investigate the cases Which is stated as under:- “188. Liability for offences committed outside Pakistan . When a citizen of Pakistan commits an offence at any place without and beyond the limits of Pakistan, or when a servant of the State (whether a citizen of Pakistan or not commits an offence in [a tribal area] when any person commits an offence on any ship or aircraft registered in Pakistan wherever it may be, he may be dealt with in respect of such offence as if it had been committed at any place within Pakistan at which he may be found: Political Agents to certify fitness of inquiry into charge. Provided that notwithstanding anything in any of the preceding sections of this Chapter no charge as to any such offence shall be inquired into in Pakistan unless the Political Agent, if there is one, for the territory in which the offence is alleged to have been committed, certifies that, in his opinion, the charge, ought to be inquired into in Pakistan; and, where there is no Political Agent, the sanction of Federal Government shall be required....”

Interior Division had sought the approval of the Cabinet to grant sanction to FIA for investigation of the cases FIR No.36/2010 & FIR No.40/2020 of FIA CCC Lahore, as required under section 188 Cr. PC.

Copyright Business Recorder, 2020

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