EOCO ESCALATES BERKO BRIBERY PROBE

The Economic and Organised Crime Office (EOCO) has intensified investigations into the Ghanaian dimension of the bribery case involving former Goldman Sachs investment banker and former Managing Director of the Tema Oil Refinery (TOR), Mr. Asante Kwaku Berko, following his conviction by a United States court.

EOCO said the Attorney-General and Minister for Justice, after the conclusion of proceedings in the United States, had engaged the appropriate U.S. authorities to obtain evidence, records and other information required to advance the Ghanaian investigation.

The Office said the Attorney-General had subsequently directed it to escalate the probe as the relevant information and official records were obtained through lawful international cooperation.

The development follows the conviction of Mr. Berko in the United States over allegations of bribery connected to his activities in Ghana’s power sector.

In a statement issued on the matter, EOCO disclosed that it received a request from its U.S. counterparts last year for information concerning specific individuals in Ghana who were considered relevant to the investigations.

The individuals identified in the request included a former Minister of State and other public servants, although EOCO did not disclose their names.

Following receipt of the request, EOCO said it worked with the Attorney-General and Ministry of Justice to commence preliminary work on the Ghanaian aspects of the case.

The Office also monitored the proceedings in the United States, explaining that evidence emerging from the trial could be material to determining the scope and direction of a comprehensive investigation in Ghana.

EOCO said its approach was deliberate, stressing that its responsibility was not simply to open investigations for public perception but to ensure that probes were grounded in evidence, conducted lawfully and capable, where appropriate, of supporting criminal prosecutions and asset recovery.

Follow the money

A major component of the intensified investigation will be the tracing and possible recovery of assets and proceeds suspected to be linked to criminal conduct.

EOCO said asset tracing and recovery formed an integral part of its investigative plan and that it would examine, where supported by evidence, whether proceeds, benefits, assets or property had been derived from or connected to suspected criminal conduct.

Where the law permits, the Office said, it would pursue measures for the preservation, recovery and restitution of such assets to the State.

EOCO said its mandate went beyond determining whether an offence had been committed, arguing that where economic or organised crime resulted in the unlawful acquisition or dissipation of public resources, recovering those resources was an essential part of the enforcement process.

The Office therefore intends to follow the financial trail, including relevant transactions, beneficiaries, assets and proceeds that fall within its jurisdiction.

No automatic guilt

EOCO, however, cautioned against treating the U.S. conviction as proof of criminal liability against individuals in Ghana whose names may emerge from the evidence.

It stressed that the conclusion of proceedings against Mr. Berko in the United States did not, by itself, establish criminal liability on the part of any person in Ghana.

“Any individual whose name appears in evidence obtained through the international cooperation process will be assessed independently on the basis of the evidence relevant to that person and in accordance with Ghanaian law,” the Office said.

EOCO further assured the public that its collaboration with U.S. law-enforcement authorities and the Attorney-General’s Office remained active.

It said obtaining records through lawful international cooperation was critical to ensuring that the Ghanaian investigation was comprehensive, evidence-based and capable of producing a lawful outcome.

The Office acknowledged the considerable public interest in the case but said it would not disclose sensitive operational information that could compromise ongoing investigations, the integrity of evidence or any future prosecution.