It is recommended to file a charge of money laundering for being involved in acquiring, using or holding such property knowingly that it is the property obtained from crime (savings of the cooperative).
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The police has submitted a report with the recommendation to prosecute RASWP Chairman Ravi Lamichhane as well as 50 other people for misappropriating the savings of 18,700 members of Suryadarshan Cooperative in Pokhara. It is recommended to prosecute Lamichhane for four to six years plus 50% for cooperative fraud and organized crime and two to 15 years for money laundering and 280 million bigos and the same fine.
The Public Prosecutor's Office has said that they will study the report and register the case.
A case has been registered on October 18, 2080 against 19 people who were arrested and absconding in the Suryadarshan cooperative fraud. GB Rai, who is also the chairman of Gorkha Media Network, is absconding among those prosecuted.
Now the police is of the opinion to prosecute 32 people including Lamichhane and collect a total of 1.35 billion from the cooperative.
Suryadarshan Sahakari through Gitendrababu (GB) Rai Lamichhane's Global IME Bank account 75 lakhs was deposited and Suryadarshan Sahakari itself in Lamichhane's name 50 lakhs was paid to Gorkha Media, the police claim. Similarly, police claims that during the period when Lamichhane was the shareholder and managing director, 261,444,000 was transferred to Gorkha Media Network by misappropriating the funds of cooperatives including Suryadarshan. In this way, a total of 27 crore 89 lakh 44 thousand 7 hundred 5 rupees has been claimed.
Lamichhane claimed during the statement that he was not involved in embezzling the cooperative's savings. He had claimed that he was only involved as an account manager in the operation of the money deposited in the bank account after the embezzlement from the cooperative and that he did not know that the money deposited in the said account came from the cooperative. But the police have collected the copies of the checks cut by him as the director of the company to pay installments to the cooperative.
It is mentioned in the investigation report that money from various cooperatives was continuously deposited in the company's account and Lamichhane signed and paid installments to Swarnalakshmi of Kathmandu, Suryadarshan of Pokhara and Supreme Cooperative of Butwal. Similarly, it is mentioned in the police investigation report that a bank statement was found in the account of Gorkha Media, which is the owner of Lamichhane, in which money was also deposited from the small payla cooperative of Birganj. It is mentioned in the report that the signature on the
check is Lamichhane's. "It seems that the issue that he is ignorant about the transactions with the cooperative organizations of Gorkha Media Network Pvt. Ltd., of which he is the director, will be broken," the report says.
The police claim that Lamichhane has committed an offense under Section 122 of the Cooperative Act, 2074. In sub-section (g), it is mentioned that 'if a loan is taken by submitting false or incorrect information, if the mortgage kept is raw or if the loan is embezzled', it is considered an offence. Clause (d) mentions that it is an offense to make or cause a document to be forged by changing the dates, numbers or manners by misprinting it.
Clause (a) states that 'anyone shall do or not do any work, solicit or do anything, take or give any kind of money, take or give any goods, goods or services free of cost or at a low price, donate, donate' , receiving or giving gifts or donations, preparing or causing to be false documents, translating or causing to be translated, or doing or causing any act in bad faith to cause illegal gain or loss. is.
There is provision for imprisonment according to clause (d) of clause (4) of sub-section (1) of section 124 in case of violation of clauses (g) and (t). It is mentioned that if the crime is between 1 crore to 10 crore, the punishment will be imprisonment for 4 to 6 years. Similarly, there is a provision of imprisonment for up to 10 years as per sub-section (1) (e) of section 124 for committing an offense under clause (d). Referring to this section, the police demanded a punishment of 4 to 6 years for Lamichhane.
Similarly, it is mentioned in the police investigation report that Lamichhane should be prosecuted as he has committed a violation of clauses (a), (b) and (c) prohibited by the Prevention of Money Laundering Act, 2064. Section (a) of the Act states that ``with the purpose of concealing or concealing the illegal source of the property or helping the person involved in the crime to protect him from legal action, knowing or having reasonable grounds to believe that it is the property obtained from a crime, such property shall not be converted or transferred in any way. ' mentioned.
in clause (b) 'Concealing, deceiving or changing the true nature, source, location, nature, transaction (movement), ownership or rights over such property, knowing or having reasonable grounds to believe that it is the property obtained from crime' or should not be done' is mentioned. Clause (c) states that ``acquiring, using or possessing such property knowingly or having reasonable grounds to believe that it is property obtained from crime shall not be done or caused to be done''.
According to sub-section (1) of Section 30, Lamichhane should be fined twice as much and imprisoned for 2 years to 15 years depending on the seriousness of the crime. If found guilty, Lamichhane will have to pay double the fine of 278.9 million. As a person who holds a public position like a member of parliament, the police has also demanded additional punishment in each case according to the law.
The police claim that Lamichhane committed an offense under Section 3(1), (2), (3a) and (5) under the Prevention of Organized Crime Act, 2070. Section 3(1) provides that no person shall commit or cause an organized crime, (2) for the purposes of subsection (1) for the benefit of a criminal group, at the direction of a criminal group, on behalf of a criminal group, in association with a criminal group or as a founding member or member of a criminal group. It is mentioned that if he commits a serious crime knowingly, he is considered to have committed an organized crime. Sub-section (3 a) of section 3 states that according to the prevailing law, it is an offense punishable by imprisonment for more than three years and in section 5, it is mentioned that no one shall establish or operate or cause a criminal group or knowingly be a member of a criminal group or make anyone a member. In addition to the punishment given in accordance with the prevailing law in section 9(a), the police demand an additional 50 percent punishment for committing the crime.
The police have made 51 defendants in the Suryadarshan cooperative fraud case. Dhorpatan municipality chief Dev Kumar Nepali is also a defendant in the Suryadarshan Cooperative fraud case. He is detained in Baglung Jail for misappropriation of the savings of Image Cooperative located in Baglung and Pokhara.
On the basis of the complaint of the cooperative victim Krishna Prasad, the Kaski police investigated the Suryadarshan fraud case in which GB Rai was the main planner and filed a charge sheet in the Kaski district court on October 18, 2080, making 19 people defendants. Under Jaisi's leadership, 1,156 savers filed a complaint claiming Rs.
After the Pokhara Metropolitan Municipality prepared a team of experts and prepared a financial analysis report of Suryadarshan, the police proceeded with the investigation based on that. In the same report, there was a loan in the cooperative in the name of Lamichhane. However, he was not made a defendant at that time.
The Suryadarshan Chattapidit Sangharsh Samiti again submitted a complaint to the Kaski Police for supplementary investigation against 65 people including Lamichhane on January 16. On January 22, 25 people including Jaisi filed a supplementary complaint, but the then Home Minister Lamichhane obstructed the investigation. On February 2, the police received instructions from the District Public Prosecutor's Office Kaski for further investigation. On May 26, the Metropolitan team again prepared another financial analysis and handed it over to the police. In that report, it was mentioned that 18 thousand 700 savers have embezzled 1 billion 35 crore 53 lakh 54 thousand rupees.
The report of the Special Investigation Committee on Misuse of Cooperative Savings also showed that around 65 million rupees went to the account of Gorkha Media Network from 6 cooperatives of GB Rai Group. The police have mentioned in the investigation report that the total liability of Suryadarshan will be 1 billion 52 crore 55 lakh 41 thousand 564 rupees.
The police have demanded the most wrongdoing and punishment in the name of GB Rai among the defendants. The police have demanded Rs 1 billion 8673 million 19 thousand 508 rupees from him for asset laundering. Out of that, 445.862 thousand collective and individual failure towards co-operative fraud and 184.48 million 8 thousand rupees towards collective responsibility under Rashtra Bank Act.
6 to 8 years imprisonment for cooperative fraud, 50 percent more punishment for organized crime, 3 years imprisonment according to the National Bank Act, 2058 and 2 to 15 years imprisonment and double fine for money laundering offenses have been demanded in the report.
Ram Bahadur Khanal, the owner of Nature Nest, who is in the custody of Kaski Police along with former Home Minister Lamichhane and former DIG Joshi, has also been demanded Rs 27 crore 89 lakh 44 thousand rupees for asset laundering including Rs 3 crore 23 lakh 29 thousand 933 rupees. The report calls for 3 years imprisonment for cooperative fraud, 25 percent additional punishment for organized crime, 2 to 15 years imprisonment for money laundering offenses and double fines for bigo.
Leela Pachai, who was involved in embezzlement of Surya Darshan's savings, has been charged Rs 246,777,000 in asset laundering. The report demanded that he be imprisoned for 4 to 6 years for co-operative fraud, 50% more for organized crime, 3 years for imprisonment under the National Bank Act, 2058, and 2 to 15 years for money laundering and double the fine.
Kaski Police Spokesperson DSP Basant Kumar Sharma said that the defendants range from the officers and members of the board of directors of the cooperative to the owners of the company in which the funds of the cooperative were illegally invested. After studying the opinion, the district attorney's office Kaski will file a case in court.
District Attorney Kamala Kafle said that after receiving the investigation report, the District Attorney's Office is studying it. Based on the opinion of the police, he said that a study is being conducted on which title to prosecute the charge sheet. On Thursday, along with Lamichhane, the former director of Gorkha Media Joshi, Nature Nest owner Ram Bahadur Khanal, Suryadarshan Cooperative fraudster Leela Pacchai, along with the cooperative's board member Krishna Bahadur Gurung, the district court extended the deadline for 5 days. On Tuesday, they are expected to appear in court demanding an extension. "It takes time to study the investigation report," District Attorney Kafle said, "We may ask for more time."
Former DIG Joshi was arrested on October 6. As the 90-day time limit for the investigation of money laundering offenses comes into effect from the date of his arrest, the public prosecutor's office must submit the indictment to the court within 4 days. After that, the debate begins behind closed doors. Lamichhane has been in Kaski police custody since last October 2.
29 million transaction in Lamichhane couple's account
Ravi Lamichhane and his wife Nikita Paudel's bank account has 'unusual transactions', the police claim. From 17 bank accounts operating in the name of the couple, there has been a transaction of 29 crores since 2016.
When checking Ravika's 3, Nikita's 13 and a joint bank account, during this period 289.1 million was deposited and 29.7 million was withdrawn in the investigation report. Most of the transactions are done through the bank account in Global IME Bank in the name of Lamichhane. 80.26 million has been deposited in the account number 30-701000----3 from December 11, 2016 to October 16, 2024, and almost all the amount has been withdrawn. Similarly, in the joint account number 06-40010-------000-01 in the name of Lamichhane and Paudel, there has been a transaction of 43 million 1343 thousand rupees.
Nikita's account number 02-415------1 in Siddharth Bank has had 65.7 million transactions in four years. This transaction is from September 13, 2018 to September 1, 2022. According to the police report, Nikita has a total of three accounts including one dollar account in Nepal Investment Mega Bank. In account number 10-101 ––– –––1, there has been a transaction of three crore 77 million from September 26, 2016 to July 15, 2024.
Similarly, another account of the same bank has a transaction of 1 crore 5 lakhs from May 14, 2023 to November 25, 2024 on 20---390---1-49. In his Global IME account number 13-50---00----26, 22.9 million rupees and 2.32 million rupees in the account of Nepal Bank Limited. In spite of such a large transaction, the balance of only 7 lakh 74 thousand rupees has been kept in all their accounts lately.
