From fraud to corruption: How the 1935 treaty still decides who America sends back_
“Green card ≠ Get-out-of-jail-free card.” We’ve established that.
Now comes the next question every Ghanaian is asking: Even if the U.S. agrees to extradite Ken Ofori-Atta, what crimes does the treaty actually cover?
The answer sits in a 90-year-old document that still governs U.S.-Ghana extraditions today: the Extradition Treaty between the United States and Great Britain, signed Dec 22, 1935, and applied to Ghana after independence through a 1970 exchange of notes.
That treaty doesn’t mention “green cards”. It mentions crimes. And “dual criminality” is the rule: the act must be a crime in both Ghana and the U.S.
Here’s how it works, in feature form.
1. The Treaty’s Core Rule: “Dual Criminality”
Article 2 of the treaty lists specific offences. But U.S. courts today use the modern standard: if it’s punishable by at least 1 year in both countries, it’s extraditable.
For Ofori-Atta, that matters. The OSP’s charges include corruption-related offences and causing financial loss to the state. Both exist in U.S. federal law as fraud, bribery, and misapplication of public funds. So the “dual criminality” test is likely met.
2. The 30+ Crimes Listed in the 1935 Treaty
The original treaty reads like an old crime novel. But Ghana and the U.S. now apply it broadly. The key categories relevant to public officials:
Financial & Corruption Crimes
1. Fraud – “Obtaining money, valuable securities, or other property by false pretences.” U.S. 18 U.S.C §1343 wire fraud is the direct match.
2. Embezzlement – “Misappropriation or conversion by a person in a fiduciary capacity.” U.S. 18 U.S.C §641 covers theft of public money.
3. Bribery – “Bribery of public officials.” U.S. 18 U.S.C §201 criminalizes bribing federal officials. Ghana’s Criminal Offences Act 1960, Act 29, has the same.
4. Forgery – “Forgery or uttering what is forged.” U.S. 18 U.S.C §471, §472.
5. *Falsification of accounts/records – “Falsifying books or records by clerks, officers, or servants.” Directly matches charges of falsifying state financial records.
Other Relevant Offences
6. Misappropriation of public funds – Falls under embezzlement + fraud.
7. Conspiracy – “Conspiracy to commit any of the above offences.” U.S. 18 U.S.C §371. If Ofori-Atta is accused with others, conspiracy applies.
8. Laundering the proceeds – Added by later protocols. U.S. 18 U.S.C §1956 covers money laundering.
What the Treaty Excludes
1. Political offences – “Offences of a political character” are not extraditable. This is why Ofori-Atta’s lawyers may argue “political persecution”. U.S. courts rarely accept this for financial crimes.
2. Military offences – Not relevant here.
3. Offences with death penalty – The U.S. will only extradite if Ghana assures it won’t seek death. Ghana abolished it for ordinary crimes in 2023, so this is cleared.
3. Why This Matters for Ofori-Atta’s Case
The OSP has declared Ofori-Atta “wanted” over alleged corruption and causing financial loss during his time as Finance Minister 2017-2024.
Look at the treaty list: Fraud. Embezzlement. Bribery. Falsification of records. Misappropriation of public funds.
If Ghana’s “extradition packet” frames the charges using those words, U.S. prosecutors have a straight path. They don’t need to prove guilt. Only that “if these facts are true, it would be a crime in Virginia too.” And under U.S. law, it would be.
That’s why the OSP stressed: “Credibility of charges will be determined by courts in Ghana.” The U.S. judge at Step 2 of extradition only checks if the _type_ of crime is listed + if there’s probable cause. The U.S. judge won’t ask “Did he actually do it?” That’s for an Accra court.
4. The Green Card Problem Disappears at This Stage
Remember: U.S. immigration courts look at “should he stay in America?”
U.S. extradition courts look at “is this crime on the list?” Fraud, bribery, embezzlement are all on the 1935 list. His U.S. permanent residency doesn’t erase the crime from the list.
As we saw with Roman Polanski – fugitive for 40+ years despite U.S. residency – and Marc Emery – Canadian resident extradited for seeds – residency loses when the crime is in the treaty.
The Treaty is Ghana’s Legal Bridge
President Mahama called Ghana’s Court of Appeal “the people’s court for renewal, where no wrong is beyond remedy.”
The U.S.-Ghana Extradition Treaty is America’s version of that bridge. It says: “If you commit fraud, bribery, or steal public money in Accra, you can’t hide in Virginia.”
For Ofori-Atta, the fight now shifts from immigration law to treaty law. The 5 steps we mapped earlier will test whether Ghana’s charges fit neatly into Article 2 of that 1935 document.
Alexander Afriyie, Supervising Editor, Ghanacrimereport.com and Ghanatalk.com