Financial Crime World

Financial Crime Case Studies: Sudanese Victims Bring BNP Paribas to Justice in Paris

A Groundbreaking Move Towards Accountability

Four Sudanese victims have made a historic decision to provide evidence as civil parties against French bank BNP Paribas, alleging its role in crimes against humanity, genocide, and torture in Sudan between 2002 and 2008. This bold move marks the first attempt to hold a French financial institution criminally responsible for alleged complicity in international crimes.

The Survivors’ Stories: A Microcosm of Suffering

The testimonies shared by the survivors represent a small fraction of the harm suffered by tens of thousands of Sudanese civilians since the conflict began in 2002. As civil parties, they are actively contributing to the ongoing investigation and seeking justice for their suffering.

Kristin Rosella’s Statement: “A Significant Milestone”

“This case marks an important milestone in our pursuit of justice,” said Kristin Rosella, partner at Global Diligence LLP. “By exposing the brutality of Omar al-Bashir’s regime and highlighting the need to prosecute key enablers of atrocity crimes, including financial institutions, we hope to bring about accountability and compensation for the victims.”

Background: Widespread Mass Atrocities in Darfur

Between 2002 and 2008, BNP Paribas acted as the primary foreign bank of the Sudanese government, providing financial services that enabled the regime’s widespread atrocities against civilians in Darfur. The bank’s actions helped facilitate:

  • Human rights violations, including mass killings, torture, forced displacement, rape, and other forms of sexual violence
  • Commission of genocide, war crimes, and crimes against humanity

The United Nations Security Council referred the situation in Darfur to the International Criminal Court (ICC) in 2005, which opened an investigation for alleged genocide, war crimes, and crimes against humanity. The ICC issued several arrest warrants, including one against former Sudanese President Omar al-Bashir.

Previous Proceedings: BNP Paribas’s Troubling Past

In 2014, BNP Paribas was prosecuted in the United States for violating U.S. sanctions restricting financial transactions with Sudan, Iran, and Cuba. The bank entered into a plea agreement and forfeited nearly nine billion USD. However, the U.S. Department of Justice initially attempted to use part of this sum to compensate survivors of the Sudanese government’s crimes, only to have it reallocated to victims of domestic terrorist attacks.

Next Steps

If the investigating judges believe there is sufficient evidence, they will summon the suspects and charge them. The bank and its senior leaders could face:

  • Criminal charges
  • Fines
  • Other penalties if convicted
  • Civil claims from the survivors for damages as compensation for their harm

The case is a significant development in the pursuit of justice for victims of financial crime, highlighting the need to hold corporations accountable for their actions.