1. Combatting corruption: legal actions by Civil Society Organisations
Sophie Lemaître - Legal advisor
Sherpa

2. Shepa: who are we? French NGO based in Paris composed of lawyers
Our mandate: protecting and defending populations affected by economic crimes
How? Through advocacy work, strategic litigations, legal trainings of CSOs and research
Final objective: leading to effective changes of public policy and legal framework

3. The « Bien mal acquis » cases
The « bien mal acquis » cases (ill-gotten gains cases) initiated by Sherpa against foreign dignitaries from:
Africa (Congo, Gabon, and Equatorial Guinea),
Middle East (Syria), and
Central Asia (Uzbekistan)
Additional ongoing cases in France: Egypt and Tunisia
First cases initiated more than 6 years ago
Legal basis: corruption, concealment of misappropriation of public funds and money laundering
Criminal procedure possible in France only because assets (properties, cars, bank accounts) are on the French territory

4. The case of Uzbekistan - Background
September 2012: mutual legal assistance request from Swiss authorities
February 2013: investigating judge assigned and searches conducted
March 2014: request from Sherpa to join the criminal proceedings as a civil party – approved in June 2014 => access to all the investigations and can bring new information to the judge
November 2014: investigations still ongoing and discussions with other jurisdictions

5. The case of Uzbekistan – findings
Castle Groussay, classified as "Historic Monument“ sold to Ruby International for a total amount of around 30 million euros
A real estate in the 16th arrondissement of Paris and a house in Gassin (Côte d’Azur) for a total amount of around 2,5 million euros purchased through 2 companies - Invest service group and Invest Studio
3 companies created by close relationships of Goulnara Karimova
Challenges to make the connection between Goulnara and the properties => funds going through tax heavens which do not cooperate

6. Assets hold in France Estimated value: 2.5 million euros
Estimated value: € and €
Estimated value: €

7. Main lessons learned from the cases
Identifying key partners (e.g. TI), coordinating actions, being strategic to avoid risks (e.g. using media)
Investigations = time consuming, costly and require human resources both for CSOs and law enforcement officers
Inertia of the French public prosecutor until 2012
Information from different sources essential (e.g. whistle-blowers, partner organisations, etc.) – must be verifiable and legally obtained
Need for transparency of beneficial ownership

8. Changes occured in France
A package of new laws adopted in December 2013
Sherpa involved and interviewed during the revision process
Recognition of a right of standing to sue for anti-corruption CSOs
Creation of a national financial prosecutor dedicated to financial crimes

9. Key messages
Allocating adequate financial and human resources to investigations
Improving and strengthening international cooperation and mutual legal assistance
Having recourse to CSOs’ expertise and experiences => case of Sherpa
Granting a right of standing to sue for CSOs
Overcoming tax heavens to have access to information otherwise blocked
Issues of returning assets to citizens: how?

10. Contact: sophie.lemaitre@asso-sherpa.org
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