What Can Ghana Learn From The Conviction Of Ex-Governor Of Virginia Bob McDonnel And His Wife On Bribery And Corruption Charges ?

Living in the US for more than two decades, one significant thing that intrigues me about their legal system is how ruthless it deals with corrupt politicians and I always find myself making comparisons to the Ghanaian reality and experience.

I dream of a day when Ghana will even make the slightest attempt to confront, indict and convict corrupt politicians and my formation of The Corruption and Fraud Audit Consortium (CAFAC) of Ghana was certainly influenced by this dream. Let's face it, until political corruption and abuse of power is confronted headlong, all the hue and cry about economic difficulties will be just that – and there will be no real solutions because those whose set policy and agenda for economic change are themselves corrupt and draining the country of its resources.

Just in the last week, specifically, September 4, 2014 in Richmond, Virginia the Associated Press reported that Former Virginia Gov. Bob McDonnell and his wife were convicted Thursday of taking bribes to promote a dietary supplement in a corruption case that derailed the career of the onetime rising Republican star and laid bare the couple's broken marriage.

A federal jury in Richmond convicted Bob McDonnell of 11 of the 13 counts he faced; Maureen McDonnell was convicted of nine of the 13 counts she faced. Both bowed their heads and wept as the court clerk read a chorus of "guilty" verdicts.

The couple's defense strategy depended in large part on convincing jurors that their marriage itself was a fraud and that they were unable to speak to each other, let alone conspire to accept bribes. They left the courtroom separately — first Bob and then Maureen, who hugged one of her daughters and wept loudly on the way out.

The McDonnells were convicted on nearly all the counts involving doing favors for wealthy vitamin executive Jonnie Williams in exchange for more than $165,000 in gifts and loans that they admitted taking.

Testifying in his own defense, McDonnell insisted that he provided nothing more than routine political courtesies to the former CEO of Virginia-based Star Scientific. His wife's lawyers, meanwhile, said Williams preyed on their client's vulnerability after she developed a "crush" on the businessman.

LESSONS FOR GHANA
In this article, I will attempt to discuss ten (10) lessons Ghana can learn from the trial and conviction of the ex-governor

1) First, Ghanaian politicians, especially the very highly placed should not be considered to be above the law. Society should not be so much in awe of them that even when they break the law with impunity, there is no audacity to confront them much less throw the law book at them.

Never mind that McDonnell is an ex-governor. He is still very powerful and in-fact just a couple of years ago he was widely considered a possible running mate for Mitt Romney in the 2012 presidential campaign. All that did not matter. Once he broke the law he had to face the music. McDonnell was reduced to living with the family's priest in a church rectory during the trial. Now he and his wife face up to 20 years in prison for each conspiracy, fraud and bribery conviction. Sentencing has been scheduled for Jan. 6.

The former governor, his head in his hands, began crying as soon as he heard the first sob from his daughter Cailin. Other family members and supporters followed suit. The weeping became louder, and McDonnell's sobbing grew more intense, with each succeeding finding of guilt.

2) Ghana government prosecutors should be bold and uncompromising in their quest for justice. They should be professional and career driven.

Prosecutors said the McDonnells turned to Williams in desperation because they were grappling with $90,000 in credit card debt and annual losses of $40,000 to $60,000 on family-owned vacation rentals in Virginia Beach. Williams said he wrote the first $50,000 check to Maureen after she complained about their money troubles and offered to help his company.

The prosecutors had done their homework, the due diligence and strong investigation to come up with solid evidence to prove bribery, corruption in a maze of conflict of interest scenarios.

Bob McDonnell's attorney, Henry Asbill, said he was shocked, surprised and disappointed. He complained that prosecutors sought to criminalize routine political behavior, and said, "I have no idea what the jury deliberated about."

3) There is a school of thought led by Paa Kwesi Nduom of the Peoples Progressive Party, that believes that government prosecutors can be emboldened if the entire Ministry of Justice is removed from the headship of a ruling government minister and made an independent institution. That government prosecutors are sometimes held back by the fear of losing their tenure if they go after politicians who may be in the same party of the minister who is their boss.

I certainly support that position. It is something that is not practiced in either the Westminster system or the Presidential system of the US but that novelty is what gives it its strength. If Ghana and for that matter Africa is going to solve this daunting problem, some creativity will certainly help.

4) When Ghanaian politicians are out of office, it should not mean their corrupt actions whilst in office should be forgotton or forgiven. In fact that is even when they should be aggressively prosecuted because now they do not have the state apparatus to protect them.

In the US, politicians are not given any amnesty for criminal acts committed whilst in office and Ghanaian politicians should neither be left off the hook. McDonnel is an ex-governor, but he could not hide behind any amnesty.

5) There is the need to review and strengthen the current Ghanaian laws used to prosecute bribery and corruption of politicians. Virginia is one of the states in the US with very weak political ethics laws, and McDonnell repeatedly stressed that he did nothing to violate them. But this case was federal, and both prosecutors and FBI officials said the verdicts send a message that state laws which may be weak, provide no shelter from corruption prosecutions. Ghana is a unitary state and therefore will not benefit from this scenario. We therefore need to strengthen the existing corruption laws and give it some prosecutorial teeth.

In certain cases reform may be needed as is the case in Virginia where, reform is already underway. The current Gov. Terry McAuliffe and Attorney General Mark Herring, both Democrats who were elected as the scandal developed, have imposed strict gift bans and ethics policies on their own staff, and called for tougher rules than the ethics reform that passed the Democratic-controlled legislature this summer.

6) Prosecutors should be skilled in investigating and detecting cover up of political crimes. They should be abreast with all the contemporary tactics that are used – putting money in the bank accounts of friends, relatives; giving bribes in cash instead of checks; transferring corrupt booties into overseas accounts; titling assets in the names of girlfriends, friends and family members and the list goes on.

Maureen McDonnell tried to cover up her crimes after the scandal broke, by returning a designer gown Williams had bought for her during a New York shopping trip, along with a handwritten note that tried to diminish its value by suggesting they had agreed Williams could give the dress to his daughters or to charity. In so doing she was convicted of obstructing justice That conviction also carries a potential 20-year term.

7) The jury system should be used at all times for political corruption cases, so that politicians are judged by a jury of their peers. Cases involving politicians by their very nature are very political and therefore leaving the final decision in the hands of a single judge is not very advisable. Let the people decide. Carmody a juror, said she voted for McDonnell and thought he was a great governor, but added: "The facts spoke for themselves." Juror Robin Trujillo, who moved to the Richmond area about a year and a half ago and wasn't familiar with the McDonnells before the trial, said it "wasn't just one light bulb" that swayed the jury toward a guilty verdict. But after deciding on guilt on the first conspiracy charge "everything kind of fit together like a puzzle," she said. Jurors acquitted them of bank fraud on loan applications that failed to mention the money Williams lent them.

8) We should not hide behind the smokescreen that corruption cases are difficult to prove due to lack of strong evidence. Yes in Ghana it is easier to keep bribes out of the realm of electronic records and bribe money can be stashed in bags or even assets put in the names of family members, but circumstantial evidence can still be used to gain convictions.

The McDonnel conviction was obtained strictly on circumstantial evidence. Prosecutors were able to draw a link between the gifts and favors given to the McDonells and the quest for influence by Mr. Williams. His gifts included nearly $20,000 in designer clothing and accessories for Maureen McDonnell, a $6,500 engraved Rolex watch for Bob, $15,000 in catering for their daughter Cailin's wedding, free family vacations and golf outings for their boys. Williams also provided three loans totaling $120,000.

As the gifts rolled in, the McDonnells appeared at promotional events and even hosted a launch luncheon for Anatabloc at the governor's mansion. Williams and his associates also were allowed into a reception for Virginia health care leaders at the mansion, and McDonnell arranged meetings with state health officials as Williams sought state money and the credibility of Virginia's universities for research that would support Anatabloc.

Defense lawyers argued that none of this was done for bribes, because the governor didn't consider the favors to be anything special, the research grant applications were never submitted, and being first lady isn't an official position. If she's not a public official and the couple weren't speaking, there was no conspiracy, they said.

9) There is the need for the establishment of an internal department in the Justice department to investigate government prosecutors who are found to violate the ethics of their profession either by collecting bribes from accused politicians or in some cases conniving with litigants who attempt to exact judgment debts from the government.

This Department of Internal Investigations will target such prosecutors and rein them in to face the full rigors of the law they pledged to uphold but are now betraying.

10) Finally there should be a political will and courage to fight corruption that emanates from the very top echelons of society's caretakers. It should start with President of Ghana. The President should not cover up the criminal actions of members of his party in the discharge of their governance responsibilities.

If that political will exists it will create an ethical environment of integrity that will eschew corruption and get rich quick schemes by politicians. This enabling environment will in turn flow through to the entire fabric of society.

My message to any Ghanaian President is as follows: “Mr. President, please no more reassignment or even demotion of erring, incompetent, corrupt and criminal elements in your administration. Just dismiss them and hand them over to the administration of justice to face the full rigors of the law.”!!!!!!!!!!!!!

Hector O. Boham, Co-Founder and CEO of
Corruption and Fraud Audit Consortium (CAFAC) of Ghana

You can send any comments or contact Hector O. Boham at [email protected] or [email protected]