On Thursday, April 6, 2023, an Accra High Court, presided over by Her Ladyship Justice Afia Serwah Asare-Botwe, (Mrs) J.A., sitting in as an additional High Court Judge convicted and sentenced two accused persons to 12 months imprisonment.
In addition, they are to pay a fine of two thousand (2000) penalty units each or in default serve twenty-four months in prison in hard labour.
The accused persons were Linda Abakah and Solomon Ofosu. They were charged and convicted with the offence of conspiracy to steal, stealing and money laundering.
The court held that the two accused persons having been in custody for a significant period of six (6) months and the fact that the bulk of the benefit or proceeds of the crime has not been accrued to them they were given a relatively lenient sentence.
The other two accused persons, Derick Obeng aka Chilling and Ezekiel Otoo who were at large at the time of sentencing, were however charged with same offences.
Prelude to the conviction
It will be recalled that in April, 2022, the Economic and Organised Crime Office (EOCO) in a joint collaboration with the Ghana Association of Bankers (GAB) and the Ghana Police Service arrested a criminal syndicate based in Assin Fosu. The syndicate was involved in mobile banking application fraud and sim swap fraud.
The syndicate operates using sim swap and mobile banking application fraud schemes. The mobile application fraud is an online scamming method in which monies are stolen through social engineering by luring customers of banks to divulge their phone numbers, passwords, pin codes, and One Time Password (OTP). After having access to these information, they take over the customer’s bank account, mobile and electronic cash. The fraudsters fraudulently withdraw the remaining balance from the customers’ accounts at Agency Points. This is mostly achieved with support of agents from the banks and staff of telecommunication companies to swap sim.
Through their fraudulent activities, customers’ mobile numbers were swapped without their knowledge and allowed them to gain access to their mobile banking application to steal funds. They were able to illegally withdraw an amount of GHc257,472.22 from 11 customers.
On 18th May, 2022, the Inspector General of the Ghana Armed Forces, Brigadier General Mohammed Mustapha led an eight-man delegation to pay a working visit to the Economic and Organised Crime Office (EOCO).
The visit was aimed at familiarizing the Inspector General Department with the functions and activities of EOCO. It also sought to establish a cordial path for collaboration to enhance the operations of both Offices.
The Executive Director of EOCO, COP. Maame Yaa Tiwaa Addo-Danquah welcomed the move and reiterated the need for collaboration and cooperation among all law enforcement agencies.
She added that information dissemination to the general public and among law enforcement agencies in particular is essential in the concerted fight against crime.
She noted that this would go a long way to reduce the prevalence of crime and engender investor confidence in Ghana.
On Friday, 18th December 2020, the Financial and Economic Crime Division Two (2) High Court presided over by Her Ladyship Justice Afia Serwah Asare-Botwe (Mrs) handed a guilty sentence to the former Accountant of the ECOWAS Regional Electricity Regulatory Authority (ERERA), Mr Iddrisu Adam.
The Accused stood trial
on charges of Stealing, Defrauding by False Pretences, Forgery of Official
Document and Possession of Forged Document contrary to sections 124(1), 131
(1), 158 and 166 of the Criminal Offences Act, 1960 (Act 29) and also sections 107,
108, 115 and 123 of the Electronic Transactions Act 2008 (Act 772). He was also
charged with Money Laundering contrary to section 12(1) of the Anti-Money
Laundering (Amendment) Act 2014 (Act 874).
He was found guilty on
all the offences charged and sentenced to terms of imprisonment of eighteen (18)
years in hard labor (IHL) on counts related to Forgery of Official Documents
and eighteen (18) years IHL on counts related to Possession of Forged
Documents. He was also sentenced to eighteen (18) years IHL on counts of
Defrauding by false pretences, eighteen (18) years IHL on counts of Stealing and
six (6) years imprisonment IHL on counts related to Money Laundering. The
sentences are to run concurrently.
The court further ordered
the forfeiture of all sums of money standing to the credit of the accused in
any bank account and paid to the Complainant, ERERA. Additionally, measures are
to be put in place to commence confiscation proceedings against assets
suspected to be acquired from proceeds of the crime.
PLEA
The accused person
Iddrisu Adam stood on trial on seven (7) counts of Forgery of Official
Documents, seven (7) counts of Possession of Forged Documents, one (1) count of
Defrauding by False Pretences, two (2) counts of Stealing and two (2) counts of
Money Laundering to which he pleaded not guilty.
IN
COURT
The Accused was first
arraigned before the court on 3rd November 2017 after being charged
on Nineteen (19) counts of offences.
On 9th April
2018, the counsel for the accused brought an application to set aside the
action or trial for want of jurisdiction on the basis of Diplomatic Immunity.
It was held by the court
on 23rd April 2008 that no such immunity existed for the Accused in
his own country. The application was thus dismissed and the trial resumed.
In the course of the
trial, when prosecution was yet to call its last witness on 21st
October 2019 in order to close its case, the accused failed to turn up in court
and thereafter. It became apparent that the Accused had absconded. A warrant
was subsequently issued for his arrest. All efforts to find him proved futile.
The prosecution filed an
application pursuant to Article 19(3) of the 1992 Constitution, for the
Accused, Iddrisu Adam to be tried in absentia since he had disabled himself of
the opportunity to take part in the trial although he had been duly notified.
The application was
granted and the prosecution was ordered to serve copies of the order on the
Lawyer on record, post at the Accused’s last known place of abode, serve on his
Wife, post on the Notice board of the court and a single publication made in a
newspaper of National Circulation.
The orders were duly
carried out after which the trial resumed.
Upon completion of the
prosecution’s case, Her Ladyship Afia Serwaa Asare-Botwe found the accused
guilty of all 19 counts.
BACKGROUND
On 27th
October 2017, the Economic and Organised Crime Office received a complaint from
the ECOWAS Regional Electricity Regulatory Authority (ERERA), Accra that the
Accused, Iddrisu Adam and some other persons had defrauded them. The accused
was the accountant of ERERA employed in 2009. He was later suspended by ERERA
for financial irregularities.
Investigations revealed
that the accused took advantage of the absence of role segregation in the
Accounts Department of ERERA and defrauded the Authority.
Investigations also
revealed that Iddrisu Adam forged and possessed letters which appeared to have
been written by council members of the Authority and used them to authorize
payments of huge sums of money into accounts of a company known as Approach
Enterprise, some fictitious accounts and his own personal accounts all at
Guaranty Trust Bank and Ecobank Ghana Limited. He executed this in connivance
with other persons.
Investigations further
revealed that the accused forged signatures of council members in official
letters of ERERA. The accused in the course of his duties managed to possess
and forged a stamp of ERERA and used same for unlawful financial activities. A
search conducted in His office revealed the forged ERERA stamp.
Investigations also revealed
that Iddrisu Adam defrauded ERERA to the tune of USD$ 2,123,696 and he intentionally and dishonestly appropriated USD$ 914,768 which belonged to ERERA.
EOCO took steps to freeze
the personal accounts and other assets of the accused during the course of
investigations.
It is for these reasons
that the accused, Iddrisu Adam was charged and arraigned before the Accra High
Court for trial.
On Tuesday, 13th November 2020, the Division Two (2) High Court presided over by Her Ladyship Afia Serwah Asare-Botwe (Mrs) convicted Awudu Anyas for Possession of Forged Documents contrary to section 166 of the Criminal Offences Act, 1960 (Act 29) and Money Laundering contrary to section 12(1) of the Anti-Money Laundering(Amendment) Act 2014 (Act 874) and section 123 of the Electronic Transactions Act 2008 (Act 772).
The accused was sentenced
to a term of imprisonment of Two (2) years and a fine of three thousand (3000)
penalty units, or in default an additional 3 years in hard labor (IHL) on
counts related to possession of forged documents after hearing of plea. He was
also given two (2) years imprisonment and a fine of four thousand penalty units
or in default four (4) years IHL on counts related to Money Laundering. The
sentences are to run concurrently.
The court ordered the
forfeiture of all funds standing to the credit of the accused in the
fraudulently opened bank Accounts and a house located in Agona Swedru. An
amount of GBP 10,000 contained in one of his accounts shall be resent to the
remitter.
PLEA
The accused person Awudu
Anyas stood on trial on seven (7) counts of Possession of Forged Documents and
seven (7) counts of Money Laundering. He pleaded not guilty to all the charges,
thereby leaving the prosecution with the responsibility of proving all charges
against him as required by Law.
IN
COURT
The hearing commenced on
14th March 2017, where the prosecution presented 10 witnesses.
At the close of the case
of the prosecution, the accused indicated that he intended to make a submission
of no case. The accused was charged with 17 counts for Possession of Forged of
Documents, Fraud and Money Laundering.
On 10th October
2019, the accused was subsequently acquitted and discharged on 3 counts by a
court determination. He was however called upon to answer to the remaining 14
counts which included Possession of Forged Documents and Money Laundering.
After hearing the case of
the defense and all other evidence, Her Ladyship Afia Serwaa Asare-Botwe found the
accused guilty of all 14 counts.
BACKGROUND
The Accused, Awudu Anyas
possessed and used three different passports bearing different names but the
same photograph of himself to open and operate seven (7) local and foreign accounts
at different branches of the Guaranty Trust Bank. He also had other accounts
with other banks namely HFC Bank, Fidelity Bank, Agricultural Development Bank
and the erstwhile Royal Bank.
He used the passport
details of someone and falsely represented himself as George Hanson and Daniel
Brown. In June 2009, Awudu Anyas used forged Voter’s ID card to open an account
at the Swedru Branch of ADB Bank. The Voter’s ID had the name Ibrahim Anyas.
The accused between March
2010 and March 2015 possessed and used forged documents to open bank accounts
through which he received funds from unsuspecting victims.
A total estimated amount
of USD311,343, GBP15,000 and GHS1,100 were found to have been received through
the fraudulently opened accounts which were all linked to the accused.
It is for these reasons
that the accused Awudu Anyas was charged with the offences of Money Laundering
and Possession of forged documents and arraigned before the Accra High Court
for trial.
Source: Anti-Money Laundering Unit & Public
Affairs Unit
An
Accra High Court presided over by Her Ladyship Justice Georgina Mensah-Datsa on
7th May, 2020 sentenced one Ernest Agbemor-Yeboah to a fine of 1000
penalty units in the amount of GHc12,000.00 or in default 5 years imprisonment.
The
accused stood trial for forging official documents for unlawful activities and receiving
personal benefits from unauthorised payments. This was evident after UBA
received Visa/Master card chargeback report from the Bank of America that
payments made to the company were not authorised by the card owners.
Accused
was charged with 134 offences, which included tax evasion, forgery of official
documents, possession of forged document and money laundering. He pleaded not
guilty on all the 134 counts.
In Court
Prosecution
established the fact that Ernest Agbemor-Yeboah was the Chief Executive Officer
(CEO) of Sir-Ernest Farms & Logistics Limited. The sole signatory to the
company’s bank accounts.
Prosecution
presented undisputed facts that the Accused used his company and forged
official documents to defraud his victims but could not establish the forged
documents were done by the accused.
At
the end of prosecution case, Her Ladyship, Justice Georgina Mensah-Datsa stated
that Prosecution could not establish a prima facie case on seven (7) counts which
included tax evasion, money laundering, defrauding by false pretences charges.
Accused was found not guilty and acquitted on those seven (7) counts.
Her
Ladyship, Justice Georgina Mensah-Datsa found the accused not guilty and
acquitted on 65 counts. The accused was however, found guilty on 63 counts and
was convicted therewith.
In
her judgment, Justice Georgina Mensah-Datsa stated that considering the fact
that the accused is a first time offender, a family man with children and about
62 years old. The accused was sentenced to a fine of 1000 penalty units that is
GH¢12,000 or in default 5 years imprisonment on 63 counts.
Sentence
to run concurrently.
Background
Sir-Ernest
Farms & Logistics Limited owned by Ernest Agbemor-Yeboah received moneys unauthorised
by the owners of the credit card owners.
The
company is an agribusiness, export and logistics. Between 24th
January, 2017 to 31st March, 2017, the company received remittances
from sundry senders in different jurisdiction totally GHC1,468,447.59 via UBA’s
U-Bills platform.
Ernest
Agbemor-Yeboah through his company allegedly shipped mangoes, bananas, shea
butter, kola nuts, ginger, rice to customers in USA and UK.
A
team of officers from Economic and Organised Crime Office (EOCO) and
International Justice Mission (IJM) has rescued an eleven (11) year old boy who
was sold to work on the Volta Lake.
The
boy (name withheld for security reasons) was sold by his late biological mother
at a cost of GHC400 to work on the Volta Lake.
The
mother of the child sold the son with the help of an intermediary who
facilitated the purchase and transport of the victim to Yeji to work on the
Volta Lake.
The
Anti-Human Trafficking Unit of EOCO monitored and rescued the boy at Bortianor
in the Greater Accra Region when he came for his mother’s funeral.
Rescue and Rehabilitation
The
rescued boy is currently with the grandmother, Rebecca Sakoa. On Friday,
February 7, 2020, the Anti-Human Trafficking Unit with assistance from
collaborative partners, City Hearts have provided some items for the boy.
Meanwhile, the Unit is exploring the possibilities of getting him to school with assistance from City Hearts and International Organisation for Migration (IOM).
The
Public Affairs Unit (PAU) of the Economic and Organised Crime Office (EOCO) has
teamed up with the Ghana Gaming Commission to embark on a sensitization
exercise on the negative effects of gaming on children.
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The
first half of the yearlong programme dubbed “Sensitization Programme on Gaming
and its related Activities” has benefitted over fourteen (14) Basic and Junior
High Schools within the Greater Accra Region. Some of the schools are Mamprobi
Sempe 1, Korley Gonno Methodist A Primary School/JHS, 37 Military Basic School,
Osu Presby Primary and Mamprobi Salvation Army Basic School among others.
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From
June 2019 to July 2019, the Office and the Ghana Gaming Commission has been
able to reach out to thousands of pupils in the Greater Accra Region and
educated them on the dangers of gaming.
The
second half of the yearlong programme will start when school resumes for the
next academic year starting September 2019.
This
programme forms part of the mandate of EOCO to prevent and detect organised
crime.
The Economic and Organised Crime Office (EOCO) in collaboration with the South Korean Government successfully prosecuted a case of defrauding by false pretences and money laundering. The case involved one Nigerian and Two Ghanaians.
The first accused person Njoku Chibukor Ikechukwu was sentenced to a term of four years in hard labour and a fine in the sum of 36,000 or in default three years in hard larbour to run concurrently. The fifth and sixth accused persons Agiba Daniel and Waru Mannam were fined in the sum of GHC ₵36,000 each.
The Economic and Organised Crime Office (EOCO) in collaboration with the Attorney- General’s Department successfully prosecuted a number of cases; one of which is a case of defrauding by false pretences, possession of firearms without proper authority and money laundering.
This case was investigated in the UK by Serious Organised Crime Agency (SOCA) now National Crime Agency in collaboration with EOCO, Ghana in October 2009.
This was reported in the telegraph.co.uk and mirror.co.uk.
He was convicted and sentenced on 31st Oct, 2014 to five years imprisonment with hard labour on each count to run concurrently.
Unnumbered House, Opera Road, Pokuase Hills near ACP Estates and Audi Q 7 Station – Wagon with Registration No. GE 9092Y or ASOLA 1Z belonging to convict MAURICE ASOLA FADOLA was confiscated to the State on 21st December, 2017 and 30th January, 2018 by the High Court Financial & Economic Crimes Division 1, Accra.
