Attorney General Dr. Dominic Ayine has disclosed that Beige Capital, the defunct financial institution at the heart of a high-profile court case, offered his office a staggering GH¢10 million in settlement, which he rejected.
Dr. Ayine revealed this during today’s edition of the Government Accountability Series, a public forum aimed at fostering transparency in governance.
His comments on Monday, July 28, shed new light on the complexities and pressures involved in prosecuting financial crime cases, particularly those stemming from the country’s recent banking sector cleanup and his option for plea bargains.
A decision to recover 60% of assets in settlement in exchange for discontinuation of the prosecution involving uniBank, another bank affected in the cleanup, has triggered an uproar, compelling Dr Ayine to offer explanations.
“I can now disclose that Beige Capital offered me or my office GH¢10 million in settlement and I refused,” Dr. Ayine stated emphatically. To corroborate his claim, he added, “You can ask the lawyers for Beige Capital; ask lawyer Thaddeus Sory.”
The Attorney General used this anecdote to underscore the intricate nature of financial crime prosecutions, pushing back against what he perceives as an oversimplification of the issues by the public.
“Today, I can’t get 50 pesewas from Beige Capital. So, the dynamics are complex,” he lamented, highlighting the challenges of asset recovery once institutions collapse and their assets are dissipated.
He further elaborated on this point, drawing a stark contrast to more straightforward criminal cases: “Those simplifying it as a goat thief scenario must understand that it is more complex than just saying that Attorney General says ‘bring four goats and keep two.’”
Background to The Republic Vrs Nyinaku & Beige Capital
The case of The Republic Vrs Michael Nyinaku involves the former Chief Executive Officer of Beige Capital Savings and Loans, Michael Nyinaku, who faced charges including money laundering and fraudulent breach of trust.
Beige Capital was one of over 400 financial institutions whose licences were revoked by the Bank of Ghana between 2017 and 2019 as part of a comprehensive cleanup exercise aimed at sanitising the banking and financial sector.
The Bank of Ghana’s audit reports on these collapsed institutions often highlighted severe corporate governance breaches, illegal transactions, and the diversion of depositor funds by directors and shareholders.
The cleanup resulted in the consolidation of several banks into Consolidated Bank Ghana Limited (CBG) and the liquidation of others, costing the Ghanaian taxpayer over GH¢21 billion (as of 2020) in bailout funds to protect depositors’ savings.
Dr. Ayine’s revelation sheds light on the often-hidden dilemmas faced by state prosecutors in large-scale financial crime cases.
While securing a conviction is paramount for justice and deterrence, the practical reality of recovering stolen or diverted assets is a critical and often more challenging parallel objective.
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