The indictment document filed before the UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK in the Asante Kwaku Berko case indicates that the Ghana Official 2 was a high-ranking official who worked for, acted in an official capacity for, and acted on behalf of the Ghanaian Ministry of Power.
That of the Ghana Official 2 was a "foreign official" as that term is defined in the FCPA.
It also adds that the Ghana Official 1 worked for, acted in an official capacity for, and acted on behalf of the Ghanaian Ministry of Power and was an advisor to a high-ranking official in the Ghanaian Ministry of Power ("Senior Ghana Official").
It said the Ghana Official 1 was a "foreign official" as that term is defined in the FCPA.
In the overview, the indictment explains that in or about and between December 2014 and March 2017, the defendant ASANTE KWAKU BERKO, with the intent to benefit himself and, at least in part, U.S. Financial Institution, among others, conspired with others to make corrupt payments to government officials in Ghana to obtain and retain business from the Republic of Ghana that would benefit the business interests of BERKO, U.S. Financial Institution, Turkish Energy Company and others.
BERKO and others also conspired to launder money in and through financial systems in the United States and elsewhere to promote their
unlawful bribery scheme.
These laundered funds were used, among other ways, to pay bribes to obtain and retain business for BERKO, U.S. Financial Institution and Turkish Energy Company.
Attached below is a full copy of the indictment document
