August 11, 2026

Federal jury finds former executive guilty of violating the FCPA

On August 6, 2026, a federal jury in the Eastern District of New York convicted Asante Kwaku Berko, a dual citizen of the United States and Ghana and a former executive with Goldman Sachs.  Berko was convicted on all counts of a three-count indictment charging conspiracy to violate the Foreign Corrupt Practices Act, a substantive FCPA violation, and conspiracy to commit money laundering. He was remanded pending sentencing, which is currently scheduled for November 5, 2026.  Goldman Sachs has not been accused of any wrongdoing in connection with the scheme.

According to federal prosecutors, beginning in December 2014, Berko engaged in a scheme to pay more than $1 million in bribes to multiple Ghanaian government officials to secure a deal between the Republic of Ghana and Turkish energy company Aksa Enerji Uretim A.S. for the construction and financing of a power plant in Ghana during a national energy crisis. The DOJ argued Berko bribed or discussed with co-conspirators bribing officials at numerous levels of government, including a discussed $1 million payment to the Ghanaian Minister of Power and $250,000 for his senior adviser.  The DOJ also presented evidence that Berko and his co-conspirators discussed $250,000 in bribe payments paid to a variety of individuals, including $46,000 to members of the Ghanian Parliament.  The DOJ argued that to conceal the scheme from Goldman Sachs, Berko lied to the firm’s compliance team and used his personal email account to discuss bribe payments, while his co-conspirators laundered proceeds through shell companies, sham invoices, nominee account holders, and cash withdrawals. Goldman ultimately withdrew from the power plant deal due to corruption concerns.

In June 2021, Berko had previously consented to the entry of an SEC judgment ordering him to disgorge $275,000 in ill-gotten gains and $54,163.92 in pre-judgment interest for the same underlying conduct as the DOJ conviction.  Berko had consented to the SEC judgment “without admitting or denying the allegations.”

DOJ Press Release | USAO EDNY Pres Release | Indictment | Docket – Minute Entry | SEC Press Release | SEC Complaint