ED tightens noose around Amway India, files chargesheet

By commission of the scheduled offence of cheating, Amway has generated proceeds of crime totalling Rs. 4,050.21 crore," the ED alleged. It said that its probe found that more than Rs 2,859 crore of money collected from the members has been siphoned off and parked in the bank accounts of overseas investors in the name of dividend, royalty and payments for other expenses

The Enforcement Directorate (ED) on Monday said that it has filed a chargesheet against health and beauty company Amway India Enterprise Pvt. Ltd (Amway) in connection with its probe into a money laundering probe, alleging that the company had generated proceeds of crime to the overall tune of a mindboggling Rs. 4,050.21 crore. The chargesheet has been under the Prevention of Money Laundering Act (PMLA), 2002 against Amway in a Special Court (PMLA) Hyderabad and the court has taken cognizance of it.

The ED case is based on various FIRs registered by Telangana State police under various sections of IPC against Amway and its directors.

The FIRs alleged that Amway has been promoting an illegal 'money circulation scheme' under the guise of sale of goods and has been cheating the general public by promising them very high commissions or incentives through simple enrollment of new members and by claiming that these commissions or incentives would continue in perpetuity.

The ED said that its probe revealed that Amway has been promoting a "Pyramid scheme" in the guise of direct selling. "Instead of selling goods directly to the end consumer, Amway has floated a multi-level marketing scheme of members and has introduced many intermediaries in the name of distributors. The scheme does not focus on sale of products but survives primarily on enrolling of members. "Once a newcomer is convinced to pay money through someone who has referred him to the company, he or she becomes a representative and to earn commission, he or she has to enroll new members and as the number of persons increases down the line, the ones on top get more commission and more incentives like luxurious tours," the ED stated.

"Thus, Amway has been operating a multi-level marketing scheme and money circulation scheme trough which it has collected huge amounts from the subscribers. By commission of the scheduled offence of cheating, Amway has generated proceeds of crime totalling Rs. 4,050.21 crore," the ED alleged. It said that its probe found that more than Rs 2,859 crore of money collected from the members has been siphoned off and parked in the bank accounts of overseas investors in the name of dividend, royalty and payments for other expenses.

"During investigation, movable and immovable properties to the tune of Rs. 757.77 crore have been attached by ED in this case," the ED said.

Meanwhile, an Amway India spokesperson said, "The chargesheet currently filed by the ED pertains to the investigation dating back to 2011 and since then we have been cooperating with the department and have shared all the information as sought from time-to-time.

"Since Amway began its operations in India 25 years ago, it has been committed to legal and regulatory compliance, and has diligently maintained a culture of compliance and integrity to the present day," the spokesperson said. "We want to reiterate our continued confidence in the Indian legal and judicial system following the due process of law as we pursue our legal rights," he said.

"Amway is proud of its rich history in India and will vigorously defend itself, as well as the over 2,500 employees and over 5.5 lakh independent distributors, who are critical to its mission of helping people live healthier, better lives," the spokesperson added.