U.S. Court of Appeals Reverses Dismissal of Tort Case against BNP Paribas for Harms due to Sudanese Sanctions Violations

On May 22, 2019, the United States Court of Appeals for the Second Circuit reversed and remanded the dismissal of claims by victims of Sudanese genocide and ethnic cleansing brought against BNP Paribas for allegedly illegally transacting with sanctioned entities and actively trying to evade U.S. detention, thereby providing the regime access to U.S. financial markets. BNP Paribas and its subsidiaries (BNPP) were convicted of federal and state felonies arising from their evasion of U.S. sanctions on Sudan.  In pleading guilty, BNPP admitted their knowledge of the genocide and ethnic cleansing perpetrated by the Sudanese regime, as well as the consequences of providing the regime access to additional financial resources, which could be used to escalate the commission of the atrocities. Plaintiffs, victims of the Sudanese regime’s atrocities, sued BNPP under New York tort law, alleging that BNPP conspired with and aided and abetted the Sudanese regime in its commission of widespread atrocities.