SPECIALIZED
WHITE COLLAR CRIME TEAM:
Diwan
Advocates maintains a robust and specialized White Collar Crime and Economic
Offences practice, led by its Partner, Dr. Farrukh Khan. The Firm is widely
recognised for advising and representing clients in high stakes matters
involving allegations pertaining to complex financial, corporate, and
regulatory misconduct. White collar prosecutions today are rarely confined to a
single forum; they frequently unfold across parallel criminal, civil,
regulatory, and insolvency proceedings, demanding a sophisticated command over
substantive criminal law, procedural safeguards, and industry specific
regulatory regimes. Our practice is defined by a strategic, defence oriented
approach that is carefully aligned with the factual matrix, legal
vulnerabilities, and commercial realities of each case.
INTERPLAY
OF PMLA & IBC:
A
key differentiator of our White Collar Crime practice is its strong integration
with the Firm’s Insolvency and Bankruptcy Code (IBC) practice, coupled with our
extensive experience in handling matters involving multiple cross implications.
Our parallel expertise in insolvency and restructuring enables us to bring a
nuanced understanding of corporate structures, financial arrangements, related
party transactions, fund flows, and commercial decision making, which are
issues that frequently form the core of allegations in economic offence and
fraud prosecutions. Our experience in dealing with overlapping and interlinked
proceedings, such as criminal prosecution, PMLA enforcement, insolvency
processes, regulatory action, and civil recovery, allows us to anticipate risks,
harmonise defence strategies, and prevent adverse spill over across forums,
thereby adding substantial value to our clients’ overall defence.
OUR
STRENGTH:
Our
white collar crime team advises and represents clients across the entire
spectrum of economic offences, including financial and banking fraud, credit
related offences, corporate and accounting irregularities, diversion and
misappropriation of funds, and money laundering proceedings under the
Prevention of Money Laundering Act, 2002 (PMLA). We also act in matters
relating to allegations in respect of cyber and technology enabled crimes,
bribery and corruption, tax and fiscal offences, and violations of securities
laws, corporate governance standards, and statutory compliance frameworks. The
Firm regularly represents promoters, directors, key managerial personnel,
senior executives, professionals, and corporate entities confronted with
criminal prosecution, regulatory scrutiny, and enforcement action.
Diwan
Advocates offers comprehensive, end to end legal support throughout the
lifecycle of investigations and enforcement proceedings initiated by
authorities such as the Enforcement Directorate (ED), Central Bureau of Investigation
(CBI), Serious Fraud Investigation Office (SFIO), and securities and market
regulators. Our experience spans advisory and representation in search and
seizure actions, issuance of summons, recording of statements, provisional
attachment and confiscation proceedings, arrest and bail matters, adjudication
processes, as well as trial and appellate litigation. We routinely appear
before Trial Courts, Special Courts, High Courts, and appellate forums across
India in some of the most complex and sensitive white collar criminal matters.
WHITE
COLLAR (NON-CONTENTIOUS) ADVISORY:
Beyond
courtroom advocacy, the Firm places strong emphasis on proactive risk
management and compliance. We advise clients on risk assessment, internal
controls, compliance structuring, and preventive strategies designed to
mitigate exposure to white collar criminal liability. Our objective is not only
to defend proceedings once initiated, but also to safeguard personal and
corporate rights, manage regulatory and reputational risk, and secure
effective, outcome oriented solutions through precise legal strategy, deep
subject matter expertise, and rigorous advocacy.
RECENT
ENGAGEMENTS:
Diwan
Advocates has extensive experience in advising and representing clients in some
of the most sensitive and high profile white collar and economic offence
matters in India. The Firm and its leadership have acted in cases involving
senior political functionaries, prominent public officials, leading
industrialists, infrastructure and real estate promoters, and senior executives
of large corporate groups, where proceedings involved serious allegations of
financial impropriety, corruption, money laundering, and abuse of official
position.
Our
experience includes representing clients in matters involving large scale
infrastructure and real estate transactions, complex fund flow structures,
alleged diversion and siphoning of funds, policy driven commercial decisions
subjected to criminal scrutiny, and enforcement actions arising out of
regulatory, vigilance, and investigative proceedings. Several of these matters
have involved extensive media attention, multi agency investigations, and
parallel proceedings before criminal courts, special courts under economic
statutes, High Courts, and regulatory forums.
The Firm
has also handled cases involving senior government officers and public servants
facing prosecution under anti corruption laws, money laundering statutes, and
economic offence frameworks, where defence strategy required a careful
examination of decision making processes, statutory discretion, approvals, and
the distinction between criminal intent and bona fide administrative or
commercial actions.
Across
these matters, our role has included advising during investigations,
representing clients in search and seizure related proceedings, responding to
summons and statements, handling arrest and bail proceedings, challenging
attachment actions, and conducting trial and appellate litigation. Our
experience in managing high stakes matters with cross implications across
criminal law, regulatory enforcement, insolvency proceedings, and civil
disputes has consistently enabled us to deliver coherent and effective defence
strategies while safeguarding both personal liberty and long term commercial
interests.