PNB case: ED names Choksi’s wife in supplementary chargesheet, says was ‘hand in glove’ with husband

“She (Kothari) was fully aware that all the Gitanjali group companies….were incorporated for beneficial use of Mr Mehul Choksi and the same were beneficially owned and controlled by him. Her husband Mr Mehul Choksi was involved in defrauding PNB of more than Rs 6,000 crore. During the course of investigation, summons were issued to her at her declared address, but she did not honour the summons. She helped Mr Mehul Choksi in layering the proceeds of crime,” the ED chargesheet stated.

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The chargesheet also claimed that Kothari was aware of the source of the monies “which were being routed/siphoned off by her husband illegally and fraudulently”.

The ED chargesheet stated: “She was an abettor of the crime thereby being actually involved in the laundering of proceeds of crime.”
It also called her an “active participant” in the generation of proceeds of crime stating that she was involved in their laundering – an offence under the Prevention of Money Laundering (PMLA) Act.

Based on statements of witnesses and other evidence included in the chargesheet, the ED has claimed that in 2013, Kothari along with a senior employee of Gitanjali Group and a dummy director in some of its group companies, got three firms incorporated in UAE. On paper, Ms Priti Kothari was the ultimate beneficial owner of all three companies, the ED has claimed. The companies invested in immovable properties in Dubai, purchasing offices in towers, the agency said, adding layering of money was done through these companies.

“Thus, Priti Kothari, beneficial owner of Hillingdon Holdings, having full knowledge of the nature and origin of the proceeds, intentionally and deliberately used, projected and claimed the same as untainted,” the ED claimed.

One of the witnesses submitted documents and list of the details of Nominee Service Indemnity Agreement for Colindale Holdings Limited having name and signature of Kothari.

The agency, in the chargesheet, said that Choksi deliberately left India with intention to avoid the investigating agencies and to escape from the clutches of law. It has also said that Choksi obtained the citizenship of Antigua and Barbuda and was hiding therein to protect himself from investigating agencies.

Lawyers Vijay Agarwal and Rahul Agarwal, representing Choksi, had denied the allegations.

Last year, Choksi was arrested in Dominica on charges of having illegally entered the country from Antigua, a country whose citizenship he acquired in 2017. In his defence, Choksi had claimed that he was abducted from Antigua and forcibly taken to Dominica in a yacht. Last month, the Dominican authorities dropped the charge against Choksi. Last year, Kothari had claimed that her husband was kidnapped by Indian agencies and subjected to human rights violations.

“Though there is no Mutual Legal Assistance Treaty (MLAT) in criminal matters, between ‘India’ and ‘Antigua and Barbuda’ however an Extradition Application to the Government of Antigua and Barbuda for extradition of Mr. Mehul Choksi has been sent under the UN Conventions viz. ‘United Nations Conventions Against Corruption (UNCAC) and The United Nations Conventions Against Transnational Organized Crime (UNCTOC) through proper Channel,” said ED in its chargesheet.