Ex-TOR MD Conviction: AG Working with US to Target Others in Ghana Power Plant Bribery Case

Accra: Deputy Attorney General Justice Srem Sai has revealed that the government is collaborating with US authorities to prosecute additional individuals linked to a bribery scheme concerning the development of a power plant in Ghana. This development follows the conviction of Asante Kwaku Berko, a Ghanaian-American dual national and former Goldman Sachs investment banker, by a federal jury in Brooklyn, United States. Berko was found guilty on charges of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), violating the Act, and money laundering conspiracy.

According to Ghana Web, evidence presented in the US federal court detailed how Berko and his accomplices allegedly bribed Ghanaian officials to secure approval for a power plant project, using code names such as "holy rain" to disguise their activities. The US Attorney's Office for the Eastern District of New York disclosed that in August 2015, a bribe recipient was described as awaiting the "holy rain" and expressed a preference for it to arrive sooner rather than later.

The US Department of Justice explained that "holy rain" referred to bribe payments intended to facilitate a power plant deal for Turkish energy company Aksa Enerji Uretim A.S. The scheme involved over $1 million in bribes to various Ghanaian officials, with payments planned at different project stages.

In April 2015, Berko and his co-conspirators discussed a $1 million payment to the Ghanaian Minister of Power, who was crucial for obtaining necessary project approvals, and an additional $250,000 to the minister's senior adviser. Bribes were also extended to five Ghanaian officials during an all-expenses-paid trip to Turkey for equipment inspection related to the power plant.

After Ghana's Parliament ratified the agreement in July 2015, the conspirators continued their discussions on executing and concealing the payments. One transaction involved $250,000, with $46,000 paid to members of Parliament who had approved the agreement. The evidence indicated that Berko personally handled the $46,000 payment.

Prosecutors noted that the conspirators used coded language to avoid revealing the nature of the payments as bribes. Berko also utilized his personal email account, rather than his Goldman Sachs business account, to communicate about the deal and directed his co-conspirators to follow suit. The money was further hidden through shell companies, fake invoices, nominee account holders, and cash withdrawals.