CAMEROON Law and Practice Contributed by: Michel Aaron Feugueng, Ida Tchamde Feugueng and Yvette Kalieu Elongo, Maaron Law Firm
1.4 Limitation Periods Criminal Limitation Periods
Money Laundering Liability A third party who receives, converts, transfers or conceals assets knowing or suspecting them to be proceeds of fraud commits the offence of money laun - dering under CEMAC Regulation No 01/03/CEMAC/ UMAC/CM of 4 April 2003 and Law No 2005/006 of 27 July 2005 on the Prevention and Suppression of Money Laundering and Financing of Terrorism. The penalties include ten to 20 years’ imprisonment and confiscation of the laundered assets. Financial institu - tions and other regulated entities that fail to comply with their due diligence or reporting obligations and thereby facilitate the laundering of fraud proceeds may also be exposed to regulatory sanctions and civil liability to the defrauded party under the general law of tort. Liability of Corporate Facilitators Under OHADA Where a corporate vehicle has been used to facilitate a fraud, OHADA law provides tools to hold all partici - pating parties liable. Directors who knowingly assist in the misappropriation of assets are personally liable under Article 891 of the AUSCGIE. Where a company has been used as an instrument of fraud by its con - trolling shareholders or directors, the court may pierce the corporate veil under Article 27 of the AUSCGIE and the doctrine of simulation (Article 1321 Civil Code) to reach the individuals behind it. Third-party compa - nies that knowingly participate in fraudulent corporate structures may themselves be subject to conservatory attachment of their assets under the AUPSRVE. Tracing and Recovery Against Third-Party Recipients A fraud victim may pursue assets in the hands of third-party recipients by means of a saisie conserva- toire under Articles 54 to 61 of the AUPSRVE against assets traceable to the fraud, regardless of who cur - rently holds them, provided the recipient is not a bona fide purchaser for value without notice. Where assets have been commingled, courts apply proportionality analysis to identify the victim’s share (Articles 565 to 577 Civil Code). The action for ownership recovery ( action en revendication ) under Articles 544 and 2279 of the Civil Code is available against any third-par - ty holder of misappropriated assets where fraud is established.
Under Article 66 of the CPP, the limitation period for public prosecution is ten years for felonies (“ crimes ”), three years for misdemeanours (“ délits ”) and one year for contraventions. Fraud (“ escroquerie ”) is a misde - meanour, subject to a three-year period running from the date of the offence or, in cases of concealment, from the date the victim could reasonably have dis - covered it. The period is suspended during any period of criminal investigation (Article 66 (3) CPP) and inter - rupted by any act of investigation or prosecution (Arti - cle 66 (2) CPP). Civil Limitation Periods The general civil limitation period is 30 years under Article 2262 of the Civil Code. Commercial obligations under the OHADA Uniform Act on General Commer - cial Law (AUDCG, revised 15 December 2010) are subject to a five-year prescription period from the date the creditor knew or ought to have known of the right (Article 18 AUDCG). Where criminal and civil proceed - ings concern the same facts, the principle “ Le criminel tient le civil en l’état ” (Article 4 CPP) suspends the civil limitation period for the duration of the criminal proceedings. Restitution Actions Actions in unjust enrichment are not subject to a specific limitation period and fall under the general 30-year regime of the Civil Code, unless the commer - cial five-year period under Article 18 of the AUDCG is applicable to the underlying transaction. 1.5 Proprietary Claims Against Property Cameroonian law does not recognise the English law concept of a constructive trust. However, several mechanisms enable a fraud victim to assert propri - etary claims over misappropriated assets, as listed below. Ownership Recovery (Action en Revendication) Under Articles 544 and 2279 of the Civil Code, the owner of property may recover it from any third party, including a bona fide purchaser of movable property where fraud was involved. For immovable property, the limitation period is imprescriptible as between the original parties and runs for 30 years against third par -
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