The Economic and Organised Crime Office (EOCO) says it will trace and, where supported by evidence, pursue the recovery of assets and proceeds linked to suspected criminal conduct in the Ghanaian aspect of the Asante Kwaku Berko bribery case.

The move follows Mr Berko’s conviction in the United States and the escalation of investigations into persons and transactions in Ghana potentially connected to the case.

In a statement issued on Monday, August 10, EOCO said asset tracing and recovery would form a key part of its investigation.

“Importantly, and consistent with its statutory mandate, asset tracing and recovery form an integral part of EOCO’s investigative plan in this matter,” the Office said.

According to EOCO, investigators will seek to establish whether any proceeds, benefits, assets or property were derived from or connected to suspected criminal conduct.

Where such assets are identified, and the law permits, the Office said it would take appropriate steps towards their preservation and recovery.

“Where the law permits,” EOCO said, it will pursue “the appropriate measures for their preservation, recovery and restitution to the State.”

EOCO explained that its mandate goes beyond establishing whether criminal offences have been committed and extends to recovering resources unlawfully acquired or dissipated through economic and organised crime.

“EOCO’s mandate extends beyond establishing whether an offence has been committed,” the statement said.

“Where economic or organised crime results in the unlawful acquisition or dissipation of public resources, the recovery of such resources is an essential component of the investigative and enforcement process.”

The Office said investigators would consequently follow the financial trail as the probe progresses, examining relevant transactions and potential beneficiaries.

“The Office therefore intends to follow the evidence and financial trail, including any relevant transactions, beneficiaries, assets and proceeds that may fall within its jurisdiction,” it said.

Ghanaian investigation

EOCO said the investigation stems from a request it received last year from its United States counterparts in connection with an alleged bribery scheme involving Mr Berko during his time in the private sector.

The request sought information on specific individuals in Ghana considered relevant to the US investigation, including a former Minister of State and some public servants.

EOCO subsequently began preliminary work in collaboration with the Office of the Attorney-General and Ministry of Justice while monitoring proceedings in the United States.

Following Mr Berko’s conviction, the Attorney-General and Minister for Justice engaged the appropriate US authorities to obtain evidence, records and other information required to advance investigations in Ghana.

The Attorney-General has since directed EOCO to escalate its investigations as the relevant information is obtained through lawful channels.

EOCO, however, stressed that any asset recovery or other enforcement action would be evidence-based and undertaken in accordance with Ghanaian law.

It also cautioned that Mr Berko’s conviction in the United States does not automatically establish criminal liability against any individual in Ghana.