The Office of the Special Prosecutor (OSP) has been a crucial element in the Federal Bureau of Investigation’s (FBI) investigation into Kwaku Asante Berko, a former Goldman Sachs Investment Banker and former Managing Director of Tema Oil Refinery. This article provides a comprehensive overview of the OSP’s involvement, tracing the steps taken to secure a conviction for Berko, and highlighting the significance of this international collaboration.
On August 6, 2026, a federal jury in Brooklyn, New York, convicted Asante Kwaku Berko for conspiring to pay more than $1 million in bribes between 2014 and 2015 to multiple Ghanaian officials in connection with the development and financing of a power plant in Ghana, a deal between Ghana and Aksa Enerji Uretim A.S., a Turkish energy company and Goldman Sachs client. This event triggered a significant response from the United States government.
The OSP was tasked with providing investigative and evidentiary assistance to the FBI through Ghana’s established mutual legal assistance framework. In a public notice issued on August 10, 2026, the OSP stated its involvement, acknowledging the DoJ’s positive assessment of its role in facilitating this prosecution. The U.S. Department of Justice (DoJ) has explicitly stated that the OSP’s cooperation has been ‘significant assistance’ to this prosecution.
The case, which represents a complex international scheme, highlights the effectiveness of cross-border corruption efforts. The FBI and OSP collaborated behind the scenes, leveraging Ghana’s mutual legal assistance framework to gather evidence and pursue charges against Berko and his associates.
Asante Berko, a dual citizen of Ghana and the United States, was convicted by a federal jury in Brooklyn on all counts of an indictment charging conspiracy to violate the United States’ Foreign Corrupt Practices Act (FCPA), violating the FCPA, and money laundering conspiracy for paying bribes to Ghanaian government officials in connection with the development of a power plant in Ghana. The verdict follows a nine-day trial before United States District Judge Diane Gujarati.
The prosecution, led by Assistant Attorney General Dr. Justice Srem Sai, detailed the case’s progression, detailing how Berko abused his access to high-level foreign government officials and his platform as an investment banker at a prestigious American firm to line his own pockets with millions of dollars. The prosecution highlighted the scheme’s extensive nature, including multiple payments, emails, and fraudulent transactions.
The OSP’s involvement extends beyond simply providing assistance. The United States Department of Justice has acknowledged this cooperation, noting its contribution to the prosecution’s success. The OSP’s role has been consistently documented in communications with 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. The FBI’s Assistant Director in Charge, Federal Bureau of Investigation, James C. Barnacle Jr., has expressed appreciation for the assistance provided by the U.S. Attorney’s Office, emphasizing the importance of this collaboration.
The case has involved a complex web of transactions and emails, including detailed correspondence between Berko and his associates. The prosecution has detailed the scheme’s progression, including how Berko and his co-conspirators used shell companies, sham invoices, and nominee account holders to conceal the payments. The OSP’s involvement focused on these steps. The investigation’s focus has been on the fact that Berko and his associates used their access to high-level foreign government officials and their position as investment bankers at Goldman Sachs to corrupt the Ghanaian government, leading to a power plant development contract.
As proven at trial, Berko conspired to pay more than $1 million in bribes to multiple Ghanaian government officials in connection with the development and financing of a power plant estimated to generate hundreds of millions of dollars in profits. The prosecution is handling the case by the Business and Securities Fraud Section of the United States Attorney’s Office for the Eastern District of New York and the Criminal Division’s Fraud Section. The OSP has been actively working with the FBI, U.K. authorities, and other international partners to ensure justice is served.
This case underscores the crucial role of international cooperation in combating cross-border corruption. The OSP’s involvement demonstrates how the FBI and U.S. authorities collaborated with the OSP to gather evidence and bring Berko to justice. The outcome of the case reinforces the importance of domestic and international partnerships in tackling corruption and maintaining fair competition. The prosecution has been highlighting the importance of the OSP’s role in securing the arrest and extradition of the defendant, demonstrating a commitment to justice and upholding the rule of law.
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Source: Graphic Online
