…Prosecutors Detail Alleged Payments to Minister, Adviser and MPs
A United States federal jury has convicted former Tema Oil Refinery (TOR) Managing Director Asante Kwaku Berko on all counts in a major international corruption case, with prosecutors alleging that more than US$1 million in bribes was channelled to Ghanaian public officials to secure a lucrative power project for Turkish energy company Aksa Enerji Uretim A.S.
The conviction, delivered after a nine-day trial in the US District Court for the Eastern District of New York, brings to a close a case that has drawn international attention because of its alleged links to senior Ghanaian government officials, parliamentary ratification processes and the financing of a power plant project during Ghana’s 2014–2015 electricity crisis.
Berko, a dual Ghanaian-American citizen and former Executive Director in the Investment Banking Division of Goldman Sachs, was found guilty before US District Judge Diane Gujarati. He has been remanded pending sentencing and faces a maximum sentence of 30 years’ imprisonment.
Prosecutors Describe a Coordinated Bribery Operation
According to evidence presented in court, Berko acted as a key intermediary for Aksa Enerji, which was seeking government approvals and financing arrangements for a power plant project expected to generate hundreds of millions of dollars in profits.
US prosecutors argued that the alleged corruption scheme was not an isolated payment but a structured effort to influence decision-makers across multiple levels of the Ghanaian government.
The court heard that in April 2015, Berko and his co-conspirators discussed the payment of US$1 million to the Ghanaian Minister of Power, whose ministry was responsible for approvals considered critical to the project.
A further US$250,000 was allegedly allocated to the minister’s senior adviser.
The alleged payments occurred during a period when Ghana was facing severe electricity shortages, commonly referred to as the “dumsor” crisis, and the government was actively seeking additional power generation capacity.
Alleged Payments Extended to Parliament
The prosecution said the bribery operation expanded after Parliament ratified the Aksa-Ghana power agreement in July 2015.
Evidence presented to the jury included email communications allegedly exchanged among Berko and other participants in the scheme, discussing additional payments intended for individuals involved in the approval process.
One of the most significant allegations concerned US$46,000 allegedly paid to Members of Parliament who participated in the ratification of the agreement.
According to the US Department of Justice, Berko personally made that payment.
The emails reportedly referred to a total of US$250,000 in additional payments to various individuals connected to the transaction.
“Holy Rain” Used as Code for Bribes
Prosecutors also presented evidence that the conspirators used coded language to conceal the nature of the payments.
In one exchange cited during the trial, a recipient was described as waiting for the “holy rain”—a phrase prosecutors argued was a coded reference to a bribe payment.
The recipient reportedly indicated that the funds would be appreciated “sooner rather than later,” suggesting urgency in the disbursement of the alleged payments.
The use of coded communications formed part of the prosecution’s broader argument that the participants were aware the payments were improper and took deliberate steps to conceal them.
Officials Allegedly Taken to Turkey
Beyond cash payments, the court heard that Berko and his associates allegedly arranged an all-expenses-paid trip to Turkey for five Ghanaian officials.
The trip was described as an inspection visit to view equipment associated with the proposed power plant.
Prosecutors argued that the travel arrangements were intended to cultivate support among officials capable of influencing the project’s approval and implementation.
Goldman Sachs Withdrew from the Deal
A central element of the prosecution’s case involved Berko’s conduct while serving as a senior investment banker at Goldman Sachs.
The court heard that Berko allegedly concealed the bribery scheme from the bank’s compliance and legal teams, which were responsible for reviewing the transaction.
According to prosecutors, he used personal email accounts rather than official Goldman Sachs communication channels when discussing the project and the alleged payments.
He was also accused of directing co-conspirators to avoid the bank’s internal systems and of providing misleading information to compliance personnel.
The Department of Justice said the alleged payments were disguised through shell companies, sham invoices, nominee account holders and cash withdrawals, with money allegedly moving through both US and foreign financial institutions.
Goldman Sachs ultimately withdrew from the transaction after concerns emerged about possible corruption.
International Investigation
The case involved cooperation among multiple international law enforcement agencies.
US authorities said Berko’s arrest and extradition were supported by the United Kingdom’s National Centre Bureau for INTERPOL, the US Embassy in London, the US Department of Justice’s Office of International Affairs and the US Marshals Service.
The FBI described the conviction as the result of extensive cross-border cooperation aimed at protecting the integrity of international financial transactions.
Strong Statements from US Prosecutors
US Attorney Joseph Nocella Jr. said the verdict reflected the United States’ commitment to combating international corruption involving US financial institutions.
He accused Berko of abusing his access to senior foreign officials and his position at a prestigious American investment bank for personal financial gain.
Assistant Attorney General A. Tysen Duva said the scheme undermined fair competition in international markets, arguing that bribery distorted commercial opportunities and disadvantaged companies that complied with anti-corruption laws.
The FBI’s James C. Barnacle Jr. said the case demonstrated the importance of international partnerships in pursuing complex financial crimes that cross national borders.
Potential Implications
While the trial was conducted in the United States, the evidence presented has renewed scrutiny over the Aksa power agreement, the role of public officials in the approval process and the broader governance of Ghana’s emergency power procurement during the electricity crisis.
The US conviction does not by itself constitute a criminal conviction of any Ghanaian official named during the proceedings. However, the detailed allegations presented in court—including alleged payments to a minister, a senior adviser and Members of Parliament—are likely to intensify calls for further examination of the transaction and the decision-making processes surrounding the project.
Berko remains in custody awaiting sentencing, where the court will determine the penalty for his conviction on the corruption-related charges.
