Sherpa, at the origin of the first proceedings in France concerning ill-gotten gains, is filing a criminal complaint with the formation of a civil party in the Gabonese case. After 15 years of inquiry, the investigative judge decided to end the investigation at the beginning of April, paving the way for a trial.
In France, real estate belonging to certain members of the Bongo family could be the result of the misappropriation of public funds committed during Omar Bongo’s regime. 24 individuals have been indicted up to now, including eleven descendants of Omar Bongo, the bank BNP Paribas, a notary, a lawyer and several real estate companies.
The legal and natural persons indicted are accused of the concealment of laundered public funds, concealment of misappropriated corporate assets, concealment of profit from the breach of trust, concealment of corruption, corruption of public agents and private persons.
The case shines a light on the role of intermediaries in money laundering schemes despite vigilance obligations for these actors. In the absence of dissuasive and effective sanctions, financial intermediaries operate too often in a climate of impunity.
BNP Paribas was allegedly failing its vigilance obligations between 2002 and 2009 in the context of transactions between individuals close to the head of State, the Gabonese bank BGFI and the company Atelier 74 (1).
Sherpa will ensure the role of BNP Paribas is put under a spotlight, and if applicable, that the liability of the latter is engaged. The goal is to end the impunity of financial intermediaries implicated in money laundering as a result of corruption.
Beyond criminal liability, this case puts forward the restitution of funds and reparations for looted populations. The August 4, 2021, law now regulates the restitution of ill-gotten gains by foreign officials so that the recovered funds effectively benefit the concerned populations.
Beyond judging the authors of these crimes, it is crucial to also give back what has been stolen. More than restitution, this trial should recognise and take into account the extent of harm caused by corruption and the misappropriation of public funds. Sherpa underlines that the fight against large-scale corruption needs to include concrete reparation mechanisms in favour of looted populations.
For more information: presse@asso-sherpa.org
