Former Power Minister Kwabena Donkor and other Ghanaian government officials have been linked to a bribery scheme involving more than $1 million in payments connected to the development of a power plant in Ghana, according to evidence presented in a United States federal court.

The case, which dates to 2014 and 2015, involved Asante Kwaku Berko, a dual citizen of the United States and Ghana and a former Executive Director in the Investment Banking Division of Goldman Sachs.

Berko was convicted by a federal jury in Brooklyn on charges of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), violating the FCPA and money laundering conspiracy over his role in the alleged scheme.

According to the US Department of Justice, Berko conspired with others to pay more than $1 million in bribes to multiple Ghanaian government officials to secure approvals for a power plant project being developed by Turkish energy company Aksa Enerji Uretim A.S. (Aksa).

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The project was estimated to generate hundreds of millions of dollars in profits and was pursued during Ghana’s energy crisis.

The US government said Berko was responsible for securing and managing the deal between the Government of Ghana and Aksa beginning in December 2014.

According to evidence presented at trial, Berko and his co-conspirators discussed paying $1 million to the Ghanaian Minister of Power in April 2015. The minister was allegedly responsible for securing key government approvals needed for the project to proceed.

The conspirators also allegedly discussed a separate payment of $250,000 to the minister’s senior adviser.

The US prosecution further said bribes were paid to five Ghanaian officials during an all-expenses-paid trip to Turkey to inspect equipment for the proposed power plant.

The alleged payments continued after Parliament ratified the power plant agreement in July 2015.

In August 2015, Berko and his co-conspirators allegedly exchanged emails discussing $250,000 in bribe payments to various individuals, including $46,000 to members of the Ghanaian Parliament who had ratified the agreement between Aksa and the Government of Ghana.

The payment to the lawmakers was allegedly made by Berko himself.

Prosecutors also presented evidence of coded language allegedly used to discuss the payments. In one communication, a person awaiting a payment was said to be waiting for the “holy rain”, which prosecutors described as a reference to a bribe.

The US government said Berko and his co-conspirators took steps to conceal the alleged scheme, including using personal email accounts, shell companies, sham invoices, nominee account holders and cash withdrawals.

However, Goldman Sachs eventually withdrew from the transaction due to corruption concerns, according to the US Department of Justice.

Berko was ordered to remain in custody pending sentencing and faces a maximum sentence of 30 years in prison.

The case was prosecuted by the US Attorney’s Office for the Eastern District of New York and the Criminal Division’s Fraud Section.

The allegations involving Ghanaian officials formed part of the evidence presented by US prosecutors in Berko’s case. The information does not, by itself, establish criminal liability against the Ghanaian officials named or referenced in the proceedings.

MA