Dual U.S.-Ghanaian Citizen Arraigned in Brooklyn on Charges of FCPA Violations and Money Laundering

In a significant development, Asante Kwaku Berko, a dual citizen of the United States and Ghana, will be arraigned today in federal court in Brooklyn before Magistrate Judge Vera M. Scanlon. Berko faces charges of violating the Foreign Corrupt Practices Act (FCPA) and money laundering, stemming from allegations that he bribed Ghanaian government officials to secure a power plant deal and laundered the illicit payments through the U.S. financial system.

Berko’s extradition to the Eastern District of New York from the United Kingdom was announced yesterday by Breon Peace, United States Attorney for the Eastern District of New York, Nicole M. Argentieri, Principal Deputy Assistant Attorney General, and Christie M. Curtis, Acting Assistant Director in Charge of the FBI’s New York Field Office. Berko was arrested in the UK on November 3, 2022, pursuant to an Interpol Diffusion Notice.

“As alleged, the defendant bribed Ghanaian government officials to secure a lucrative development contract, relying on the U.S. banking system to execute his scheme,” stated United States Attorney Peace. “My Office is committed to rooting out bribery and other criminal practices that create inequities in the playing field for business both here and abroad and exploit the U.S. banking system.”

The charges against Berko are serious. Between December 2014 and March 2017, he allegedly conspired with others to bribe Ghanaian officials to secure the development and financing of a multi-million-dollar power plant in Ghana. Berko, who was an Executive Director in the Investment Banking Division of a U.S. bank subsidiary, is accused of facilitating the deal between a Turkish energy company and the Ghanaian government.

The indictment details how Berko and his co-conspirators paid hundreds of thousands of dollars in bribes to ensure the Turkish energy company won its bid. In April 2015, for instance, five Ghanaian officials were taken on an all-expenses-paid trip to Turkey where each received $5,000. Further bribe payments were allegedly made after the deal was ratified by the Ghanaian parliament in July 2015. Emails between Berko and his co-conspirators detailed bribe payments, including $250,000 to various individuals and $20,000 to officials from the Ghanaian Ministry of Power.

“These actions jeopardize the integrity of affected countries and create an unfair advantage to those promoting the bribery scheme. The FBI will not permit citizens, regardless of their nationality, to obtain corrupt contracts by exploiting foreign countries and utilizing our nation to facilitate the movement of unlawful payments,” stated FBI Assistant Director in Charge Curtis.

If convicted, Berko faces a maximum penalty of 20 years in prison for conspiring to commit money laundering and five years for each count of violating the FCPA and conspiring to violate the FCPA.

The investigation was conducted by the FBI’s International Corruption Unit, with the case being prosecuted by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys Alixandra Smith, Jessica Weigel, and Tara McGrath, along with DOJ Trial Attorney Elina Rubin-Smith, are leading the prosecution.

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