Mr. Berko, a dual citizen of the United States and Ghana, will be arraigned in federal court in Brooklyn today before Magistrate Judge Lois Bloom on an indictment charging him with violations of the Foreign Corrupt Practices Act (FCPA) and money laundering. He is accused of bribing Ghanaian government officials to secure a power plant deal and laundering the payments through the U.S. financial system.
On Monday, 15th July, Mr. Berko was extradited to the Eastern District of New York from the United Kingdom where he was arrested on 3rd November 2022, pursuant to an Interpol Diffusion Notice.
Breon Peace, United States Attorney for the Eastern District of New York, Nicole M. Argentieri, Principal Deputy Assistant Attorney General, Head of the Criminal Division, and Christie M. Curtis, Acting Assistant Director in Charge of the Federal Bureau of Investigation’s New York Field Office (FBI), announced the extradition.
"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."
Mr. Peace expressed his appreciation to the Government of the United Kingdom, the U.K. National Centre Bureau for INTERPOL, the Embassy of the United States in London, the Department’s Office of International Affairs, and the U.S. Marshals Service for providing substantial assistance in securing the arrest and extradition of the defendant.
Asante Kwaku Berko's alleged crime
During the scheme, Berko and his co-conspirators paid hundreds of thousands of dollars in bribes—including to Ghanaian officials—to ensure the Turkish energy company won its bid to build and operate the power plant.
For example, in April 2015, bribes were paid to five Ghanaian officials during an all-expenses-paid trip to Turkey to view equipment for the power plant, during which the officials each received $5,000. After the power plant deal was ratified by the Ghanaian parliament in July 2015, Berko and his co-conspirators exchanged detailed emails regarding their bribe payments.
The charges in the indictment are allegations, and the defendant is presumed innocent unless and until proven guilty. If convicted, Berko 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.