SEC v. Asante K. Berko, No. 1:20-cv-01789-FB, Eastern District of New York (June 23, 2021) — Judgment

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UNITED  S TATES  DIS TRICT  COURT
EAS TERN  DIS TRICT  OF  NEW  YORK

S ECURITIES   AND  EXCHANGE  COMMIS S ION,
   Plaintiff,
 v.

AS ANTE  K.  BERKO,

   Defendant.

     C i vil Action No. 1 :2 0-cv -1789-FB-MMH

FINAL JUDGMENT AS TO DEFENDANT ASANTE BERKO

The Securities  and Exchange Commission  having  filed a Complaint  and  Defendant
Asante Berko  having  entered a general appearance; consented to the Court’s jurisdiction  over
Defendant and the subject matter of this  action; consented to entry of this  Final  Judgment
without  admitting  or denying  the allegations  of the Complaint (except as to  jurisdiction   and
except as otherwise  provided   herein  in  paragraph  IV); waived  findings   of  fact  and  conclusions   of
law;  and  waived  any  right   to  appeal  from  this  Final   Judgment:

I.
 IT IS HEREBY ORDERED, ADJUDGED,  AND DECREED that Defendant is
permanently   restrained  and  enjoined   from  violating,   directly  or indirectly,  Section  30A of  the
Securities  Exchange Act of 1934  (the “Exchange  Act”) [15  U.S.C. §78dd-1]  which  prohibits   any
issuer  which  has  a  class  of  securities  registered  pursuant  to  Section  12  of  the  Exchange  Act  [15
U.S.C. §78l]  or which is required  to file  reports under Section  15(d) of the Exchange Act [15
U.S.C. §78o(d)],  or  for  any  officer,  director,  employee  or  agent of such issuer or any stockholder
thereof acting  on behalf  of such issuer,  from making  use of the   ma ils  or any means or
instrumentalit y  of interstate commerce corruptly,  or by corruptly  doing  any act outside  the
United  States, in furtherance of an offer, payment,  promise  to pay, or authorization  of the

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payment of any money,  or offer, gift,  promise  to give,  or authorization  of the giving  of anything
of value to:
(1) any foreign  official  for purposes of:
a. (i) influencing  any act or decision  of such foreign  officia l   in   his   or   he r   of f ic ia l
capacity, (ii)  inducing  such foreign  official  to do or omit  to do any act in
violation  of the lawful  duty  of such official,  or (iii)  securing any improper
advantage;  or
b. Inducing  such foreign  official  to use his or her influence  with  a foreign
government  or instrumentality  thereof to affect or influed  any act or decision
of such government  or instrumentalit y;
in  order  to  assist  such  issuer  in  obtaining   or  retaining   business  for  or  with,  or
directing  business  to, any person;
(2) any foreign  politica l   party  or  official   thereof  or  any  candidate  for  foreign  political
officer  for  purposes  of:
a. (i) influencing  any act or decision  of such party, official  or candidate in its ,  his
or her official  capacity,  (ii)  inducing  such party,  official  or  candidate  to do or
omit  to  do  any  act  in  violation   of  the  lawful  duty  of  such  party, of f ic ia l or
candidate,  or (iii)  securing  any improper  advantage; or
b. inducing such party,  of f ic ia l or candidate  to  use its ,  his  or  her  influence  with  a
foreign  government  or  instrumentalit y   thereof  to  affect  or  influed   any  act  or
decision  of such government  or instrumentalit y;
in  order  to  assist  such  issuer  in  obtaining   or  retaining   business  for  or  with,  or
directing  business  to, any person;  or

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(3) any  person,  while  knowing  that all  or a portion  of such money  or thing  of value
will  be offered, given,  or promised,  directly  or indirectly,  to any foreign  official,
to any foreign  political  party or official  thereof, or to any candidate for foreign
political   office  for  purposes  of:
a. (i) influencing  any act or decision  of such foreign  official,  political  party,
party  official   or  candidate  in  its,  his  or  her  official   capacity,  (ii)  inducing   such
foreign  official,  political  party, or candidate  to do or omit  to do any act in
violation  of the lawful  duty  of such foreign  official,  political  party, or
candidate,  or (iii)  securing  any improper  advantage; or
b. inducing   such  foreign   official,   politica l   party  or  candidate  to  use  its,  his  or  her
influence  with  a  foreign  government  or  instrumentalit y  thereof to affect or
influed  any act or decision  of such government  or instrumentalit y;
in  order  to  assist  such  issuer  in  obtaining   or  retaining   business  for  or  with,  or
directing  business  to, any person.
 IT IS FURTHER ORDERED, ADJUDGED,  AND DECREED that,  as provided  in
Federal  Rule  of  Civil   P rocedure  65(d)(2),   the  foregoing   paragraph  also  binds  the following  who
receive actual notice of this  Final  Judgment  by personal  service or otherwise:   (a) Defendant’s
officers,  agents,  servants,  employees,  and  attorneys;  and  (b)  other  persons  in  active  concert  or
participation   with  Defendant  or  with  anyone  described  in  (a).

II.
IT IS FURTHER ORDERED, ADJUDGED,  AND DECREED that Defendant is liable
for disgorgement  of $275,000,  representing alleged net profits  gained as a result of the conduct

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alleged  in  the  Complaint,   together  with  prejudgment   interest  thereon  in  the  amount  of
$54,163.92.   The Court  finds  that  sending  the  disgorged   funds  to the United  States  Treasury, as
ordered  below,  is  consistent  with  equitable  principles.   Defendant shall  satisfy these obligation(s)
by  paying  $329,163.92 to  the  Securities  and  Exchange  Commission   within  30 days after entry of
this  Final   Judgment.
 Defendant  may  transmit  payment  electronically   to  the  Commission,   which  w ill  pr ovide
detailed  ACH transfer/Fedwire instructions  upon  request.   Payment may a ls o  be made dir e c tly
from  a  bank  account  via  P ay.gov through  the SEC website at
http://www.sec.gov/about/off ices/ofm. htm
.    Defendant may also pay by certified  check, bank
cashier’s check, or United States postal  money order payable  to the Securities  and Exchange
Commission,   which  shall  be  delivered  or  mailed  to
Enterprise Services Center
Accounts Receivable  Branch
6500  South  MacArthur  Boulevard
Oklahoma  City,  OK 73169

 and shall  be accompanied  by a letter identifying  the case title,  civil  action  number,  and name of
this  Court;  Berko as a defendant in  this action;  and specifying  that payment is made pursuant  to
this  Final   Judgment.
Defendant shall  simultaneous ly  transmit  photocopies  of evidence of payment and case
identifying   information   to  the  Commission’s   counsel  in  this  action.    By  making  this  payment,
Defendant relinquishes  all  legal  and equitable  right,  title,  and interest in  such funds and no part
of the funds shall  be returned to Defendant.  The Commission  shall  send the funds paid  pursuant
to this  Final  Judgment  to the United States Treasury.
The Commission  may enforce the Court’s judgment  for disgorgement  and prejudgment
interest  by  using  all  collection   procedures  authorized   by  law,  including,   but  not  limited   to,

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moving   for  civil   contempt  at  any  time  after  30  days  following    entry  of  this  Final  Judgment.
Defendant  shall  pay  post  judgment   interest  on  any  amounts  due after 30 days of the entry
of  this  Final  Judgment   pursuant  to  28  U.S.C.  §1961.

III.
IT IS FURTHER ORDERED, ADJUDGED,  AND DECREED that the Consent is
incorporated  herein with the same force and effect as if fully  set forth herein, and that Defendant
shall  comply  with all  of the undertakings  and agreements set forth therein.
IV.

IT
 IS FURTHER ORDERED, ADJUDGED, AND DECREED that,  solely   for  purposes  of
exceptions  to  discharge  set  forth  in  Section  523  of  the  Bankruptcy  Code,  11  U.S.C.  §523,  the
allegations  in the complaint  are true and admitted  by Defendant, and further, any debt for
disgorgement,   prejudgment   interest,  or  other amounts  due by Defendant under this Final
Judgment  or any other judgment,  order,  consent order, decree or settlement  agreement entered in
connection   with  this  proceeding,  is a debt for the violation by Defendant of the federal securities
laws or any regulation   or  order  issued  under  such  laws,  as  set  forth  in  Section  523(a)(19)  of  the
Bankruptcy  Code,  11  U.S.C.  §523(a)(19).
V.
 IT IS FURTHER ORDERED, ADJUDGED,  AND DECREED that  this  Court  shall  retain
jurisdiction  of this  matter for the purposes of enforcing  the terms of this Final  Judgment.

Dated:   ______________, 2021
____________________________________
UNITED STATES DISTRICT JUDGE

/S/  Frederic Block
          June 23

1 
 

UNITED STATES DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 

 
 
SECURITIES AND EXCHANGE COMMISSION, 
   Plaintiff, 
 v. 
 
ASANTE K. BERKO,   
 
   Defendant. 

 
 
    Civil Action No. 1:20-cv-1789-FB-MMH 
 
 
 

 
FINAL JUDGMENT AS TO DEFENDANT ASANTE BERKO 

 
The Securities and Exchange Commission having filed a Complaint and Defendant 

Asante Berko having entered a general appearance; consented to the Court’s jurisdiction over 

Defendant and the subject matter of this action; consented to entry of this Final Judgment 

without admitting or denying the allegations of the Complaint (except as to jurisdiction and 

except as otherwise provided herein in paragraph IV); waived findings of fact and conclusions of 

law; and waived any right to appeal from this Final Judgment: 

 
I. 

 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendant is 

permanently restrained and enjoined from violating, directly or indirectly, Section 30A of the 

Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. §78dd-1] which prohibits any 

issuer which has a class of securities registered pursuant to Section 12 of the Exchange Act [15 

U.S.C. §78l] or which is required to file reports under Section 15(d) of the Exchange Act [15 

U.S.C. §78o(d)], or for any officer, director, employee or agent of such issuer or any stockholder 

thereof acting on behalf of such issuer, from making use of the mails or any means or 

instrumentality of interstate commerce corruptly, or by corruptly doing any act outside the 

United States, in furtherance of an offer, payment, promise to pay, or authorization of the 

Case 1:20-cv-01789-FB-MMH   Document 17   Filed 06/23/21   Page 1 of 5 PageID #: 86



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payment of any money, or offer, gift, promise to give, or authorization of the giving of anything 

of value to: 

(1) any foreign official for purposes of: 

a. (i) influencing any act or decision of such foreign official in his or her official 

capacity, (ii) inducing such foreign official to do or omit to do any act in 

violation of the lawful duty of such official, or (iii) securing any improper 

advantage; or 

b. Inducing such foreign official to use his or her influence with a foreign 

government or instrumentality thereof to affect or influed any act or decision 

of such government or instrumentality; 

in order to assist such issuer in obtaining or retaining business for or with, or 

directing business to, any person; 

(2) any foreign political party or official thereof or any candidate for foreign political 

officer for purposes of: 

a. (i) influencing any act or decision of such party, official or candidate in its, his 

or her official capacity, (ii) inducing such party, official or candidate to do or 

omit to do any act in violation of the lawful duty of such party, official or 

candidate, or (iii) securing any improper advantage; or 

b. inducing such party, official or candidate to use its, his or her influence with a 

foreign government or instrumentality thereof to affect or influed any act or 

decision of such government or instrumentality; 

in order to assist such issuer in obtaining or retaining business for or with, or 

directing business to, any person; or 

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(3) any person, while knowing that all or a portion of such money or thing of value 

will be offered, given, or promised, directly or indirectly, to any foreign official, 

to any foreign political party or official thereof, or to any candidate for foreign 

political office for purposes of: 

a. (i) influencing any act or decision of such foreign official, political party, 

party official or candidate in its, his or her official capacity, (ii) inducing such 

foreign official, political party, or candidate to do or omit to do any act in 

violation of the lawful duty of such foreign official, political party, or 

candidate, or (iii) securing any improper advantage; or 

b. inducing such foreign official, political party or candidate to use its, his or her 

influence with a foreign government or instrumentality thereof to affect or 

influed any act or decision of such government or instrumentality; 

in order to assist such issuer in obtaining or retaining business for or with, or 

directing business to, any person. 

 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in 

Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who 

receive actual notice of this Final Judgment by personal service or otherwise:  (a) Defendant’s 

officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or 

participation with Defendant or with anyone described in (a). 

 
II. 

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant is liable 

for disgorgement of $275,000, representing alleged net profits gained as a result of the conduct 

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4 
 

alleged in the Complaint, together with prejudgment interest thereon in the amount of 

$54,163.92.  The Court finds that sending the disgorged funds to the United States Treasury, as 

ordered below, is consistent with equitable principles.  Defendant shall satisfy these obligation(s) 

by paying $329,163.92 to the Securities and Exchange Commission within 30 days after entry of 

this Final Judgment. 

 Defendant may transmit payment electronically to the Commission, which will provide 

detailed ACH transfer/Fedwire instructions upon request.   Payment may also be made directly 

from a bank account via Pay.gov through the SEC website at 

http://www.sec.gov/about/offices/ofm.htm.  Defendant may also pay by certified check, bank 

cashier’s check, or United States postal money order payable to the Securities and Exchange 

Commission, which shall be delivered or mailed to  

Enterprise Services Center 
Accounts Receivable Branch 
6500 South MacArthur Boulevard 
Oklahoma City, OK 73169 
 

 and shall be accompanied by a letter identifying the case title, civil action number, and name of 

this Court; Berko as a defendant in this action; and specifying that payment is made pursuant to 

this Final Judgment.   

Defendant shall simultaneously transmit photocopies of evidence of payment and case 

identifying information to the Commission’s counsel in this action.  By making this payment, 

Defendant relinquishes all legal and equitable right, title, and interest in such funds and no part 

of the funds shall be returned to Defendant.  The Commission shall send the funds paid pursuant 

to this Final Judgment to the United States Treasury.   

The Commission may enforce the Court’s judgment for disgorgement and prejudgment 

interest by using all collection procedures authorized by law, including, but not limited to, 

Case 1:20-cv-01789-FB-MMH   Document 17   Filed 06/23/21   Page 4 of 5 PageID #: 89

http://www.sec.gov/about/offices/ofm.htm


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moving for civil contempt at any time after 30 days following entry of this Final Judgment.  

Defendant shall pay post judgment interest on any amounts due after 30 days of the entry 

of this Final Judgment  pursuant to 28 U.S.C. §1961.   

 
III. 

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is 

incorporated herein with the same force and effect as if fully set forth herein, and that Defendant 

shall comply with all of the undertakings and agreements set forth therein. 

IV. 
 

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of 

exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. §523, the 

allegations in the complaint are true and admitted by Defendant, and further, any debt for 

disgorgement, prejudgment interest, or other amounts due by Defendant under this Final 

Judgment or any other judgment, order, consent order, decree or settlement agreement entered in 

connection with this proceeding, is a debt for the violation by Defendant of the federal securities 

laws or any regulation or order issued under such laws, as set forth in Section 523(a)(19) of the 

Bankruptcy Code, 11 U.S.C. §523(a)(19). 

V. 

 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain 

jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. 

 
 
Dated:  ______________, 2021 

____________________________________ 
UNITED STATES DISTRICT JUDGE 
/S/  Frederic Block

          June 23

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