Gov. Nathan Deal is exploring ways to tighten controls on money seized from criminal suspects after The Atlanta Journal-Constitution found that Fulton County’s district attorney spent tens of thousands of dollars on things have little to do with fighting crime.
Paul Howard used state forfeiture funds to buy tickets to charity balls and sporting events, office bashes, basketball shoe display cases and a wrought iron security door for his home, among other expenditures. All the while, Howard threatened to lay off staff if the county cut his budget.
Most people would prefer officials spend the money on enforcing the law, the governor said Monday.
“I feel certain that in light of some of the investigative information that was produced that this issue will be revisited,” Deal said.
The AJC investigation also renewed calls by other public officials for reform. But Howard said he stood by his spending.
He said he has no plans to ask the Georgia Bureau of Investigation for an independent review of his office’s finances, as Douglas County District Attorney David McDade did when his office faced similar scrutiny.
“There is no reason to ask the GBI to investigate this discretionary spending as the GBI is tasked with investigating illegal activity,” Howard said in a written statement Monday. “Our office has not engaged in any illegal activity.”
An Atlanta television station reported last month that McDade used forfeiture money for perks, side jobs and internships to favored employees and their families.
The Prosecuting Attorneys’ Council wrote a letter to Deal joining McDade’s request for a GBI review.
“We do recognize there is a need for increased transparency and accountability of these funds,” said council Chair Fred Bright, Ocmulgee Judicial Circuit district attorney.
Bright said that the council will discuss Howard’s spending during a June 17 meeting.
Decades-old civil forfeiture laws allow law enforcement agencies to seize millions of dollars worth of cash, cars, and other property from people they suspect dealt drugs or committed other crimes. District attorneys may take a 10 percent cut.
State law gives county commissions the authority to withhold this money from a district attorney, but Fulton Commissioner Robb Pitts said he would rather use this leverage to establish clearer rules on how the DA spends forfeiture funds.
“It would be my opinion that the better use, and the wiser use, and the more prudent use of these funds would be those uses that directly versus indirectly impact law enforcements, i.e. weapons, bullets, bullet proof vests,” Pitts said.
Commissioner William “Bill” Edwards said he might consider withholding funds but the county faces more pressing issues than forfeiture. He also said that voters have the ultimate say over an elected official’s actions.
“Is it moral? Probably not,” Edwards said. “And at the end of the day, it’s with the people.”
Howard's spending brought more attention to State Rep. Wendell Willard's House Bill 1, which would have overhauled state law to make forfeitures more transparent. It stalled during the spring legislative session.
The bill would have required district attorneys to spend proceeds on trial and travel expenses, victim witness services, training and equipment. Law enforcement agencies would have had to provide more proof that the property was used or intended for use in a crime.
Attorney General Sam Olens reaffirmed his support Monday for forfeiture reform.
Deal said Willard’s bill “set the groundwork” for further discussion but certain provisions have little chance of passing. It was opposed by the Georgia Sheriffs’ Association, which said the standard of proof was too onerous.
Willard said he has no plans to change the bill.
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