Prof Kwaku Asare Writes: Lessons from Berko’s conviction
The good book says that for every briber there is a bribee. Bribery, unlike alikoto, is usually a game for at least two. Somebody gives. Somebody takes. Somebody offers. Somebody accepts. Somebody promises. Somebody demands. Which brings us to the curious case of Asante Kwaku Berko, the former banker recently convicted by a federal jury […]
The recent conviction of Asante Kwaku Berko, a former banker, for violating the U.S. Foreign Corrupt Practices Act (FCPA) highlights several important lessons for Ghana regarding corruption and anti-corruption efforts. First, it underscores the importance of recognizing that every briber is accompanied by a bribee. In Berko's case, both he, as the briber, and the Ghanaian government officials he paid, as the bribee, share responsibility for the corrupt transaction.
Consequently, a comprehensive anti-corruption system must target both parties involved in such schemes.
Second, the Berko case demonstrates that corruption cases may persist over extended periods, even after initial investigations and legal actions. Berko was initially accused of FCPA violations in 2020, but his criminal conviction occurred years later, demonstrating that corruption cases can remain active for a significant time.
Third, the Foreign Corrupt Practices Act (FCPA) traditionally focused on the role of the briber, making it primarily the responsibility of foreign entities to avoid bribing foreign officials. However, this asymmetry can be problematic, as it may allow officials to evade prosecution for accepting bribes. In light of this, the U.S. has recently introduced the Foreign Extortion Prevention Act (FEPA), which also targets the bribery demand side.
Under FEPA, foreign officials who demand or take bribes can face U.S. prosecution, introducing a more balanced approach to corruption prevention.
However, it is essential to note that FEPA cannot be applied retroactively, as criminal laws cannot be imposed on past actions that were not punishable under the law at the time they were committed. Therefore, while FEPA expands the scope of U.S. anti-corruption efforts, it does not automatically extend its reach to cases that occurred prior to its enactment.
In Ghana, these lessons imply that both supply-side and demand-side corruption must be addressed. The country should strengthen its anti-corruption laws and enforcement practices to target both bribers and bribees. Furthermore, Ghana's anti-bribery laws should be adaptable to individuals operating abroad, ensuring that they are held accountable for corrupting Ghanaian public administration.
In conclusion, the Berko conviction reinforces the necessity of a proactive, two-pronged approach to corruption in Ghana, targeting both the individuals who offer bribes and those who accept them. This approach will help prevent corrupt transactions and promote a more transparent and accountable public sector.
Written by urgent.news from MyJoyOnline Ghana's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
