Former TOR MD extradited to US over bribes allegedly paid to Ghanaian officials

Asante Kwaku Berko, a former managing director of the Tema Oil Refinery (TOR) who was arrested on charges that he orchestrated bribes to Ghanaian officials while employed at the investment bank, Goldman Sachs Group Inc., has been extradited to the US from the United Kingdom to face the charges.

Berko a dual citizen of the US and Ghana made his initial appearance on Tuesday in the Eastern District of New York to face charges related to his participation in a scheme to bribe Ghanaian officials to obtain and retain business from Ghana.

He was extradited on Monday from the United Kingdom to the United States.

According to court documents, between December 2014 and March 2017, Berko, an executive director in the Investment Banking Division of a wholly owned subsidiary of a U.S. global investment banking, securities, and investment management firm, allegedly conspired with others in connection with a multi-year bribery and money laundering scheme.

During this time, Berko was a member of the team at the firm that was responsible for securing and managing a deal between its client, a Turkish energy company, and the Republic of Ghana to build a power plant in Ghana and to provide financing for the plant.

Berko and others allegedly offered and paid more than $70,000 in bribes to government officials in Ghana in exchange for their assistance in ensuring that the Turkish energy company was successful in winning the bid to build and operate the power plant.

Berko is charged with one count of conspiring to violate the Foreign Corrupt Practices Act (FCPA), one count of violating the FCPA, and one count of conspiring to commit money laundering.

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

Principal deputy assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division; U.S. Attorney Breon Peace for the Eastern District of New York; and Executive Assistant Director Michael Nordwall of the FBI’s Criminal, Cyber, Response, and Services Branch made the announcement.

The FBI’s International Corruption Unit is investigating the case.

Trial Attorney Elina A. Rubin-Smith of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Alixandra Smith, Tara McGrath, and Jessica Weigel for the Eastern District of New York are prosecuting the case.

The Justice Department’s Office of International Affairs worked with the Government of the United Kingdom, U.K. National Central Bureau of INTERPOL, and U.S. Marshals Service to secure the arrest and extradition of Berko.

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