The indictment document filed before the UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK in the Asante Kwaku Berko case indicates that the Ghana Official 2 was a high-ranking official who worked for, acted in an official capacity for, and acted on behalf of the Ghanaian Ministry of Power.
That of the Ghana Official 2 was a “foreign official” as that term is defined in the Foreign Corrupt Practices Act (FCPA) of the United States.
It also adds that the Ghana Official 1 worked for, acted in an official capacity for, and acted on behalf of the Ghanaian Ministry of Power and was an advisor to a high-ranking official in the Ghanaian Ministry of Power (“Senior Ghana Official”).
It said the Ghana Official 1 was a “foreign official” as that term is defined in the Foreign Corrupt Practices Act (FCPA),
Overview
In the overview, the indictment explains that in or about and between December 2014 and March 2017, the defendant ASANTE KWAKU BERKO, with the intent to benefit himself and, at least in part, U.S. Financial Institution, among others, conspired with others to make corrupt payments to government officials in Ghana to obtain and retain business from the Republic of Ghana that would benefit the business interests of BERKO, U.S. Financial Institution, Turkish Energy Company and others.
BERKO and others also conspired to launder money in and through financial systems in the United States and elsewhere to promote their
unlawful bribery scheme.
These laundered funds were used, among other ways, to pay bribes to obtain and retain business for BERKO, U.S. Financial Institution and Turkish Energy Company.
Execution of the Criminal Scheme
It adds that in or about early January 2015, the defendant ASANTE KWAKU BERKO, Co-Conspirator 4, an employee of U.S. Financial Institution, the Senior Ghana Official, other senior Ghanaian officials and the Presidential Relative traveled to Istanbul, Turkey, to meet with Co-Conspirator 2, Co-Conspirator 3 and other representatives of Turkish Energy Company.
After this meeting, Turkish Energy Company submitted a bid to the Republic of Ghana for an EPA to build the Power Plant.
In addition to discussions with the Presidential Relative, Co Conspirator 1 also communicated with Ghana Official 1 about Turkish Energy Company’s EPA proposal.
It adds that on or about February 28, 2015, Ghana Official 1 emailed Co-Conspirator 1 about the Senior Ghana Official’s response to Turkish Energy Company’s EPA proposal.
Later that day, Co-Conspirator 1 emailed Ghana Official 1 to set up a meeting to discuss the Senior Ghana Official’s concerns.
On or about March 11, 2015, Ghana Official 1 sent an email to several senior Ghanaian government officials, including the Senior Ghana Official, identifying members of the “Emergency Project Team,” including Ghana Official 2. The email specified that the members of the team would serve as representatives of their respective government agencies and would be responsible for making sure their agencies carried out the tasks necessary to complete the deal for the Power Plant.
In or about March 2015, the defendant ASANTE KW AKU BERK.O, Co-Conspirator 1 and Co-Conspirator 3 discussed Ghana Consulting Company 1 ‘s compensation for securing the Power Plant deal with Turkish Energy Company.
Ultimately, it said the parties reached a tentative agreement that Ghana Consulting Company 1 would be compensated “from the variable,” that is, with payments tied to the output of the Power Plant’s ultimate operation.
It explains that on or about April 24, 2015, with the assistance of Ghana Official 1, a team of approximately five Republic of Ghana officials traveled to Turkey to inspect the equipment Turkish Energy Company proposed to use in the Power Plant. The defendant ASANTE KW AK.U BERKO and Co-Conspirator 1, in agreement with their co-conspirators, covered the trip expenses for the five Republic of Ghana officials (including for flights and hotel rooms) and also paid each of them a $5,000 bribe. Co-Conspirator 2 agreed to reimburse Co-Conspirator 1 and BERKO for part of these payments and expenses.
Following the trip, the Republic of Ghana officials sent Ghana Official 1 a favorable assessment of the equipment, which Ghana.Official 1 emailed to the Senior Ghana Official.
In or about and between April 27, 2015 and May 2, 2015, the defendant ASANTE KWAKU BERKO, Co-Conspirator 1, Co-Conspirator 2, Co-Conspirator 3, Ghana Official 1 and others worked to finalize the EPA between Turkish Energy Company and the Republic of Ghana.
On or about May 2, 2015, Co-Conspirator 3 emailed BERKO, Co Conspirator 2 and other representatives of U.S. Financial Institution and Turkish Energy Company. In that email, Co-Conspirator 3 complained about difficulties with Ghana Official 1, but noted his importance to the EPA process, stating that ” [ a ]t the end of the day, we were told that [the Senior Ghana Official] will hesitate to sign if [the Senior Ghana Official] has a negative report from [Ghana Official l].”
The Senior Ghana Official signed the EPA on or about May 12, 2015. On the same date, Co-Conspirator 4 emailed Co-Conspirator 1 an invoice for $1.5 million from Ghana Consulting Company 2 that he referred to as “invoice 2” (“Invoice 2”) and requested payment. Invoice 2 was dated on or about May 12, 2015, contained the reference number “62052,” was addressed to Turkish Energy Company and stated that the payment was “Per Consultancy Service Agreement.”
On or about May 15, 2015, Ghana Official 1 sent an email to Co-Conspirator 2 to thank him for his assistance. Co-Conspirator 2 responded to Ghana Official 1 to “express [his] gratitude to [Ghana Official 1] personally for the realization of [the] project not only until signature buit [sic] for the next steps as well,” noting that Ghana Official 1 ‘s “continuous support is key to both our success.” In response, Ghana Official -1 assured Co-Conspirator 2 of [Ghana Official 1 ‘s] “full support and cooperation.”
Attached below is a full copy of the indictment document
