A U.S. federal judge has rejected an attempt by former Goldman Sachs Group Inc. banker Asante Berko to have criminal corruption charges against him dismissed, allowing prosecutors to proceed with a high-profile bribery and money-laundering case tied to a power plant project in Ghana.
U.S. District Judge Diane Gujarati of the Eastern District of New York ruled that federal prosecutors acted properly in sealing Berko’s indictment and did not violate his constitutional right to a speedy trial. The judge said the government made “reasonably diligent efforts to locate and arrest” Berko while he was living overseas, undercutting defense claims of prosecutorial misconduct.
Berko was charged in 2020 with conspiring with at least two high-ranking Ghanaian officials and others in a bribery scheme connected to the development of a power plant in Ghana by a Turkish energy company. Prosecutors allege the scheme benefited Berko, Goldman Sachs, and the Turkish firm, in which Goldman held a 16% stake.
Authorities say Berko, who worked on Goldman’s team responsible for securing and managing financing for the project, paid bribes to obtain key government approvals. Prosecutors further allege that he laundered the bribe proceeds through U.S. financial institutions. The most serious charge—conspiracy to commit money laundering—carries a maximum sentence of 20 years in prison.
Berko was arrested in London in November 2022 on a six-count federal indictment and extradited to the United States in 2024. He has pleaded not guilty to all charges.
Earlier this year, Berko’s lawyers urged the U.S. Justice Department to abandon the case following an executive order issued by President Donald Trump that rolled back enforcement of the Foreign Corrupt Practices Act, arguing the policy shift weakened the government’s position. That request was rejected, prompting Berko to ask the court to dismiss the indictment.
In his motion, Berko argued that prosecutors improperly sealed the indictment and misled a magistrate judge by claiming they believed he resided in a country from which extradition was not possible. Judge Gujarati disagreed, finding that prosecutors acted reasonably in deciding not to seek extradition from Ghana due to concerns Berko could flee to a non-extradition country or receive protection from local officials.
Berko previously served as managing director of Ghana’s state-owned Tema Oil Refinery but resigned in April 2020 after U.S. regulators accused him of orchestrating bribes while employed at Goldman. He later settled a related civil case by agreeing to pay more than $329,000 without admitting or denying wrongdoing.
The criminal case, U.S. v. Berko, 20-cr-328, will continue in the U.S. District Court for the Eastern District of New York in Brooklyn.
