Tag: Cryptocurrency

  • “Cryptocurrency in India still sits in a grey area. It’s taxed, monitored under money laundering laws, but still not officially recognised as currency.” – Aashish Patankar, Trial and White Collar Crime Lawyer.

    “Cryptocurrency in India still sits in a grey area. It’s taxed, monitored under money laundering laws, but still not officially recognised as currency.” – Aashish Patankar, Trial and White Collar Crime Lawyer.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Your doctoral research focuses on economic frauds with special reference to the Maharashtra Protection of Interest of Depositors Act, 1999 (MPID). How has your academic background in commerce, finance, and corporate law influenced your understanding of white-collar crimes? Could you also highlight some key gaps or challenges you’ve identified in the enforcement of the MPID Act during your research?

    My academic background in commerce, finance, and corporate law has helped me develop the way I think about economic offences. Once you have grasped the mechanics of finance and corporate structures, it is easier to understand how the system is exploited. 

    During my research on the MPID Act, one challenge I have consistently noticed is that while the legislation is well-intentioned and aimed at protecting depositors, its enforcement often struggles because of delays in attachment and prosecution. Many times, by the time the authorities act and pursue the offender, the trail has already grown cold and recovery is nearly impossible. Another gap is the edges of enforcement and conflict of central legislation as PMLA, Companies Act, SEBI laws and the MPID Act being a state level enforcement, and derails any sense of priority in jurisdiction or proceedings.

    The Act is strong, but sometimes its effectiveness can be compromised in practice through procedural delays, poor agency coordination, and attempts to strike a balance between depositors’ protection and the rights of bona fide third parties. This is where I see a need for more extensive reform and clarification.

    You have handled several high-profile and complex criminal defence cases involving multi-crore corporate frauds and GST evasion. Could you share one particularly challenging case experience and how you strategized your way through it?

    Certainly! One case that comes to my mind right now involved a large corporate fraud and GST evasion worth several crores – and it was particularly significant as it was one of the first arrests in Maharashtra specifically for fraudulent availment of input tax credit, but more than the amount, it was the structure of the operation that made it really demanding for me. It was a well-orchestrated network of multiple shell companies, benami directors, and several documents that had been carefully planned to appear legitimate. By the time I stepped in, the arrest had already been made.

    From the remand hearing stage itself, I appeared for the accused and continued representing them through the entire process until we successfully secured bail.

    We also highlighted violations of procedural safeguards under the CGST and MGST provisions. Beside this, we took help from an independent forensic accountant who examined the financial transactions. Our goal from the beginning was to show that these were not necessarily fraudulent movements of money, but could also be read as genuine business activity with commercial rationale. 

    You successfully defended clients in a multi-crore Bitcoin scam case, an area where financial fraud converges with evolving technologies. With the advent of the new Digital Personal Data Protection (DPDP) rules, how do you see defence strategies evolving in cases involving cryptocurrencies and digital financial crimes?

    Yes, I have defended some clients in Bitcoin scam cases, including matters related to one of India’s biggest cryptocurrency frauds, the GainBitcoin scam case. This was a massive Rs 6,600 crore Ponzi scheme that was allegedly masterminded by Amit Bhardwaj and his brother Ajay Bhardwaj, and it really opened my eyes to how technology and financial laws are starting to collide. Because of the introduction of the new Digital Personal Data Protection Act, I think defence strategies are going to change in very different ways.

    I appeared for my clients from the remand stage itself and continued through the entire process until we secured bail. 

    For one, we now have a solid legal basis to question how agencies are handling personal digital data, how it’s collected, stored, shared. In crypto cases, most of the evidence is digital, so if investigators skip steps or mishandle that data, we can raise serious doubts in court. Earlier, we didn’t have a clear law backing that argument, now we do.

    Also, cryptocurrency in India still sits in a grey area. It’s taxed, monitored under money laundering laws, but still not officially recognised as currency. And this confusion gives us room to argue that our clients were operating within what was legally understood at the time, even if the law was unclear.

    As part of your professional and social commitment, you’ve provided pro bono legal aid to under-trial prisoners and represented numerous indigent accused across Maharashtra’s trial courts. What systemic barriers have you observed in ensuring fair representation for under-trials, and how can the legal fraternity work towards making justice more accessible for marginalized communities?

    Working in trial courts across Maharashtra and providing pro bono aid to under-trials has helped me understand how the system functions on the ground. One of the biggest issues, I would like to share, is the absolute lack of legal aid lawyers compared to the number of under-trial prisoners(UTP). Most legal aid lawyers, I know, are handling 200+ cases at once, that’s why it’s not surprising that many under-trials meet their lawyers for the first time in court. There’s no time for proper case prep, and that really affects the outcome in my perspective.

    Let me share two specific cases that highlight these challenges. I appeared for an accused in a case punishable under Section 328 IPC and other relevant sections, who had been in jail for five years. While I successfully secured his bail, he didn’t have the financial condition to furnish the surety. The only viable option was to file a discharge application, which I presented before the Baramati District Court, and the court was pleased to discharge the accused from the case.

    In another case, I represented a person charged under Section 302 IPC who was languishing in jail for six years. I conducted the entire trial, and he was ultimately acquitted by the Pune District Court. These cases show how prolonged incarceration affects the most vulnerable.

    Even when bail is granted, release gets delayed, sometimes for weeks or months, just because of delayed paperwork and sometimes, miscommunication between courts and jails. I have seen people stay behind bars for months after getting bail, which is truly heart-breaking. Add to that the language barriers, missing documents, and financial struggles, and you have got people stuck in the system with no help.

    If you ask me about my opinion, then I would suggest that we need more trained legal aid lawyers, regular jail visits, digital tools to track cases, and also we need to make communities aware about their basic legal rights. If we, as lawyers, law students, bar associations, and NGOs, come together and build a more connected, grassroots-level support system, it can make a big difference.

    You have authored several papers and conducted numerous lectures and seminars. In your view, what role does academic writing and legal scholarship play in shaping legal practice? What advice would you offer to young legal professionals looking to contribute to this space?

    For me, academic writing has played a meaningful role in connecting and relating legal theory with day-to-day practice. With the help of writing and research, I have been able to step back from the routine of litigation and examine the different patterns and challenges within the legal system. Well-reasoned legal scholarship usually finds its way into judgments, reforms, and legal education, and I have seen how it can directly influence how the law is interpreted and applied.

    To all the young professionals, I would recommend starting with small, focused pieces, perhaps a case law or analysis of a recent development in your area of practice. Choose topics that reflect current legal challenges or procedural issues you observe in court. Try to show your practical experience with the help of your writing. Engage with ongoing academic conversations, attend seminars, and collaborate with others in the field. Writing regularly with purpose sharpens your thinking and builds your skills.

    You’ve appeared as counsel across various jurisdictions, including trial courts and the Bombay High Court, and have assisted in representing prominent politicians, bureaucrats, and celebrities. In the initial phases, what were the endearing experiences that laid the foundation to your practice?

    In the early years, what really changed me was the time I spent observing and working with senior advocates at the Bombay High Court. Watching them argue, handle the pressure, and understand tough situations have taught me more than any class or lecture ever could. I was fortunate to assist in matters that ranged from bail to high-stakes commercial disputes, and that variety gave me a good solid base to start my own practice.

    I still remember my first proper argument in court, it was a small matter, but for me, it was a big moment. The judge asked a tough question, and while I fumbled a bit, I also learned how to hold my ground. Those moments, when you get knocked a little and then find your footing, are mostly the ones that stay with you.

    Working with senior counsel also taught me how much court preparation matters. And when I started assisting in high-profile matters, I realised a new thing about managing the expectations of well-known clients, is a skill in itself.

    Looking back, it was those early experiences, good and tough, that gave me both clarity and confidence. They still guide me on how I approach my cases today.

    Looking back at your robust and diverse career, what inspired you to pursue law? What was your original vision, and how has that evolved over time? What are your aspirations going forward?

    To be honest, law was not always the plan. Coming from a family business in finance and share broking, I was naturally exposed to the financial world from an early age. I even pursued an MBA in Finance, thinking I would follow that path. However, my interest in law kept growing stronger than anything else.

    I didn’t grow up with the idea of becoming a lawyer; it came more from curiosity and also with a need to find something that combined structure with impact. Over time, I realised how powerful the law could be in changing lives and solving problems. That’s when it became more than a profession and started feeling like a purpose.

    My early vision was probably moulded by the usual excitement of arguing in court, but as I started handling cases, my understanding of the law grew more. I began to see it less as a tool to win arguments and more as a way to balance justice.

    Now, my focus is on deepening that expertise, working on policy-heavy cases, white-collar crimes, and contributing to the law around data and tech laws. I also work on the corporate advisory side. A major part of my corporate practice involves drafting and negotiating commercial agreements, including non-disclosure agreements. I regularly advise companies on confidentiality matters and information security protocols that align with both legal requirements and business objectives.

    This dual exposure has helped me a lot in understanding how preparation and preventive corporate advisory go hand in hand.

    In the future I would like to build a practice that will represent and also educate, mentor to create awareness about legal reform. The law is always evolving, and I want to keep evolving with it.

    What advice would you give to law students and young professionals hoping to build a career in economic offenses and financial crime litigation? Is there a particular roadmap or mindset you’d recommend to help them stay ahead in this rapidly evolving space?

    Economic offences are really wide, which makes it hard to grasp it all at once. If your goal is to start a practice focused on economic offences and financial crime litigation, I would suggest learning as much as you can about financial systems and how they actually work. This area is much more about understanding how money travels in the economy and how the regulators generally think. So, alongside your legal studies, make sure you have spent time on basic accounting, and the financial regulations.

    In your early years, try to work alongside lawyers, or firms dealing with white-collar crime, with the ED or CBI issues, and with cases of corporate fraud. Try to watch closely how investigations are conducted, and how documentation is compiled, the process of taking statements, and how enforcement agencies operate. This will give you an initial understanding of the concept.

    Given the high-stakes and often intense nature of  litigation, how do you maintain your composure in stressful situations? What practices help you manage pressure while also taking care of your mental well-being?
    Litigation matters are intensive, long hours, and involve tight timelines, high stakes. It’s very easy to lose your balance if you don’t actively protect it. With time, I have learnt that managing pressure means building the capacity to carry stress without letting it overwhelm you.

    I maintain a strict routine of one hour of meditation and one hour at the gym daily. This combination has become non-negotiable for me, regardless of how demanding my case load gets. I have also become very mindful of boundaries. I have stopped glorifying all-nighters. I delegate when I need to, I disconnect when I must.

    Law can really push you. If you don’t pace yourself, you’ll burn out before you build anything that lasts.

    Get in touch with Ashish Patankar –

  • Maitreyi Kannur, Senior Associate at JSA In a Discussion With SuperLawyer on Litigation Management and The Role of Legal Tech In Same

    Maitreyi Kannur, Senior Associate at JSA In a Discussion With SuperLawyer on Litigation Management and The Role of Legal Tech In Same

    This interview has been published by Prabhjot Singh, Priyanka Karwa and The SuperLawyer Team

    Was pursuing law planned or did it all happen by chance?

    It was an informed decision. I have had a fondness towards business because my father was from a business background. At a very young age I understood the need and importance of sound legal advice to run a business. My inclination towards law was initially drawn from the need for good and correct legal advice to run a business successfully. I decided I want to study law thereafter and after that there was no looking back! 

    Please enlighten our audience about the initial struggles in your career and how you managed to overcome them?

    Initial struggles obviously is very individualistic in nature. When I think about the initial struggle I can think of three things (i) being able to cope with the time and effort this profession demands ; (ii) court craft and presentation of matters and (iii) ability to find a place of comfort and fit in culturally in an organisation. 

    My take on point (i) is that while you’re are studying law and on your way to become a lawyer you already know what you are getting into!  If you have interned at the right places and I stress ‘right places’ you already know this profession is very demanding. So you are mentally prepared and I have the the hunger to grow so coping with this came naturally to me and yes, it takes what it takes!


    With respect to point (ii) the only way to deal with it is read your file. Confidence is key to a lawyer’s progress and success. In my experience confidence is self built and it doesn’t matter who and what stage of your profession you are at. To exhibit the confidence in court, one needs to fight the fear and that fear vanishes when one is a master of his/ her file. This has always worked for me as I have been able to avoid surprises in court and during hearings.

    Knowing the file a-z gives you a sense of power in court to present your case better by assisting the court better and representing your client better. Once you have mastered your file the clarity helps you present the matter in a structured manner. 


    Despite the above, there has been a situation when I was asked to present a case before the Hon’ble high court of Karnataka at Banagalore and due to my sheer over preparedness I didn’t know where to start from and my first one minute went in silencebefore court.

    The reading and over night preparation came to my rescue when the judge asked me a question on the matter and I was able to quickly pick up from there and Yes, I was able to obtain a favourable order in the matter. 
    The point being it’s okay to be nervous and it’s okay to fumble in court but a non- negotiable is not preparing for a matter.

    The preparation will come to your rescue at the time of need and it has in my experience. 
    With respect to point (iii) it’s a game of chance. The trial and error theory worked for me. I have worked with 3 organisations so far. I started off my career with a pre placement offer from Dua Associates after an internship. Thereafter, I worked under Senior Advocate Mr Udaya Holla and currently I work at JSA.  

    I had interned at all these places during law school. So I was familiar with the work environment which worked in my favour. 
    Although there is no straight jacket formula! I think the only way to cope with struggle is channelising your mind! Mindset is the key! 

    With experience I realized how to prioritize what are the actual issues and what are non- issues that can be ignored. The other key was acceptance! You can’t change everything and everything is not black and white. When you decide you will put in what it takes you’ll learn to deal with situations and when I say deal with situations I mean priorities your issues. 

    Among all the specialisations, i.e. Insolvency & Bankruptcy, Drafting, Arbitration, Debts Recovery, Criminal related, Company law, etc., which one do you find the most interesting and challenging? 

    I am a commercial litigator. I deal with civil commercial litigation and arbitration. I have always been inclined towards arbitration and commercial matters. For me the most interesting and challenging part of litigation is cross examination whether before an arbitrator or a judge. I had the opportunity to cross examine a witness from Greece in an arbitration and even after days and sleepless nights of preparation I realised the art of understanding a witness and strategising and most importantly re- strategising your cross examination plays a primary role. 

    Needless to mention strategising a case can effectively happen only when you have mastered your file and the facts.
    The effort and time put in a matter will always be useful and that is the most challenging and interesting part of litigation. 

    What all does litigation management include, and do you also use legal tech often? How useful its been for you?


    Litigation Management is key. It could be as basic as file management. A litigator is handicapped without his/ her file before any court/ tribunal. This also means organisation and being organised is very essential for a litigator. 
    For instance – As everyone knows litigation /arbitration files are voluminous generally. Therefore, arranging the file is essential. You have limited face time on each matter while representing your case.

    When the judge asks you a question and you start looking for the documents during that time, you can consider half the battle lost. 
    Presentation of a matter is key! Therefore, behind the scene work is time consuming and very necessary. 
    With respect to usage of technology, we are still on a snail pace as on now. 


    How do you stay up to date on the latest legal developments and apply the same in day to day practice?


    I can’t deny this is a challenge. My senior and my former boss being Mr Udaya Holla always stresses on reading and these days everything is digitalised. He always said don’t finish your matter in court and go home. Please sit and read. If I have to pass a message to someone I’ll pass the same. If we aren’t spending time till 10- 11 pm reading and preparing on matters, we are not going to make it.


    Also there are a lot of blogs which are handy these days leaving witnessing day to day court proceedings. I use Daksha legal, SCC online and live law regularly. Leaving that thankfully JSA has a full fledged knowledge management team who tirelessly work to put together the latest updates which I have access to. 
    Also, as a lawyer, one reading of a particular case/ legislation will help you multiple times. You may read that particular case law or legislation for one particular matter but you will end up filing similar petitions for another client and eventually end up using the same material. If anything you’ll build on existing knowledge. 

    Any roadmaps that were followed by you in this journey Maitreyi? 
    Off course, yes.

    Everyone has heard that there is no substitute to hard work but in addition to that there is no place for wrong attitude in this profession. 
    Always remember, there is always someone who can replace you and there are zillion competent people out there with the hunger to provethemself. Being grateful and keeping the right attitude is key. 
    An organisation will be willing to teach you the law and the skill to work on a matter but will not tolerate a wrong attitude. Focus on the right attitude towards work. 

    What strategies work best in dispute(arbitration/ litigation) matters ? 

    Hard work without deliveryon time will have no meaning. 
    In a span of two weeks, I had 2 situations where the client approached us to obtain urgent restraining/ stay orders respectively. I had to not only draft the petitions over night but also file and obtain favourable orders. Hard work is of no use if you cannot deliver within steep deadlines. Yes! We obtained favourable orders in both the matters. 


    The need and hunger to deliver has always been important to me. It is also important to keep it uncomplicated and simple. Let it be drafting, presenting a matter before court and / or cross examination. Keep it simple and clear. Every unintentional ambiguity will cost you the matter. 

    Nowadays, people don’t have that zeal to pursue a career in litigation, what can be the reason for that apart from job security in corporate?

    Well that’s a choice. I don’t fully agree that people don’t have the zeal for litigation. Litigation jobs are equally secure and satisfying and I am a living example of it. 

    Any 3 advices that you would like to share with our audience


    Advice – 
    (i) Get immune to unrealistic timelines. 
    (ii) Execution and delivery is equally important as behind the scene work. 
    (iii) It will atleast take you a year to understand if you like what you are doing or the place you are working at. Don’t change or quit your job as soon as you face a non work related or a work related issue. 


    Get in touch with Maitreyi Kannur-