The Enforcement Directorate (ED) has filed a Prosecution Complaint (chargesheet in police parlance) against Embraer SA, Brazil and others in a graft case.
Besides Embraer, others named in the chargesheet are Embraer subsidiary Interdev Aviation Services Pte Ltd., Anoop Kumar Gupta (director of KRBL Limited), KRBL Limited, Anurag Potdar (nephew of Anoop Kumar Gupta) and others before Special Judge (PMLA) here.
The Central Bureau of Investigation (CBI) had registered an FIR on the basis of a reference received from Chief Controller, R&D (R&M) and DS, Defence Research and Development Organisation (DRDO), Department of Defence Research and Development, Defence Ministry with regard to the allegations that Embraer was being investigated by authorities of US and Brazil for alleged employment of an agent in facilitating the contract for AEW&C Project with CABS/DRDO for procurement of three fully modified EMB-145 aircraft.
Based on the FIR of the CBI, the ED had initiated investigation under the provisions of Prevention of Money Laundering Act (PMLA).
"Investigation under PMLA has revealed that Embraer SA Brazil obtained the contract for supply of aircraft to Indian Air Force for USD 210 million and paid commission of USD 5.76 Million to a middleman named Vipin Khanna for influencing the said contract in its favour. The said kickbacks of USD 5.76 Million were routed by Embraer SA, Brazil through its subsidiaries to Interdev Aviation Services Pte Ltd, Singapore in lieu of sham agreement," the ED said in a statement.
The kickbacks to the tune of around USD 3.275 million were further routed from Interdev Aviation Services Pte. Ltd. to KRBL DMCC, Dubai (a 100 per cent owned subsidiary of KRBL Ltd.) in lieu of sham agreement to finally reach India through KRBL Ltd. projecting the same as untainted money, it further said.
Further, investigation under PMLA revealed that Anoop Kumar Gupta, Director of KRBL Limited signed the sham agreement between Interdev Aviation Services Pte. Ltd. and KRBL DMCC to receive Proceeds of Crime (PoC) which were finally received in the bank account of KRBL Ltd in which he is one of the Directors, it further said.
Investigation conducted by the ED so far resulted in issuance of provisional attachment order of proceeds of crime in the form of immovable properties worth Rs 16.29 crore belonging to KRBL Ltd.
The provisional attachment order has been confirmed by the Adjudicating Authority under PMLA.
Possession of the confirmed attached properties have also been taken by ED.
Now Prosecution Complaint has been filed before the designated court here seeking confiscation of attached assets to the tune of Rs 16.29 crore apart from awarding punishment to the accused persons.