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Embraer paid kickbacks of $5.76 mn to bag 2008 IAF deal, ED tells court

The ED case is based on a 2016 CBI FIR which had booked NRI arms dealer Vipin Khanna along with Embraer and Singapore-based Interdev for alleged payment of commission in the UPA-era deal.

By: Express News Service | New Delhi | December 10, 2020 9:03:52 am
IAF, 2008 IAF deal, Embraer SA, Embraer SA paid kickbacks in IAF deal, India news, ED on IAF deal, Indian expressAccording to ED, the “said kickbacks of $5.76 million” were routed by Embraer through its subsidiaries to Interdev in lieu of a “sham agreement”. (File)

Brazilian aerospace company Embraer SA paid kickbacks to the tune of $5.76 million to bag a $210 million deal with the Indian Air Force (IAF) in 2008, the Enforcement Directorate (ED) has told a special court in Delhi.

The agency on Wednesday filed a prosecution complaint against Embraer, M/s Interdev Aviation Services Pte. Ltd., KRBL Limited and its director Anoop Kumar Gupta along with Gupta’s nephew Anurag Potdar and others before Special Judge (PMLA), Rouse Avenue Court.

The ED case is based on a 2016 CBI FIR which had booked NRI arms dealer Vipin Khanna along with Embraer and Singapore-based Interdev for alleged payment of commission in the UPA-era deal. The case was referred to CBI after the Brazilian press reported that Embraer was under probe in the US and Brazil for engaging middlemen for its deals abroad, including India.

It is alleged that the kickbacks were allegedly routed from Embraer subsidiaries to Khanna through Interdev in three instalments of $1.92 million each in 2009. The commissions in the deal, it is alleged, were routed through Austria and Switzerland.

“Investigation under PMLA has revealed that M/s Embraer SA Brazil obtained the contract for supply of aircrafts to Indian Air Force for $210 million and paid commission of $5.76 million to a middleman named Vipin Khanna for influencing the said contract in its favour,” ED said in a statement on Wednesday.

According to ED, the “said kickbacks of $5.76 million” were routed by Embraer through its subsidiaries to Interdev in lieu of a “sham agreement”.

“The kickbacks to the tune of around $3.275 million were further routed from M/s Interdev Aviation Services Pte. Ltd. to M/s KRBL DMCC, Dubai (a 100% owned subsidiary of KRBL Ltd.) in lieu of sham agreement to finally reach India through M/s KRBL Ltd. projecting the same as untainted money. Further, investigation under PMLA revealed that Anoop Kumar Gupta, Director of KRBL Limited signed the sham agreement held between Interdev Aviation Services Pte. Ltd. and KRBL DMCC to receive Proceeds of Crime (PoC) which were finally received in the bank A/c of KRBL Ltd in which he is one of the Director,” the ED said.

“Investigation conducted 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 Ld Adjudicating Authority under PMLA. Possession of the confirmed attached properties have also been taken by ED. Now Prosecution Complaint has been filed before the Learned Special Judge (PMLA), Rouse Avenue Court, New Delhi with a prayer for confiscation of attached assets to the tune of Rs. 16.29 crore apart from awarding punishment to the accused persons,” the ED said.

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