The Georgia Bureau of Investigation has found no criminal wrong-doing in Fulton County District Attorney Paul Howard’s use of money forfeited from criminals, director Vernon Keenan said Thursday.
The GBI opened investigations into Howard and another prosecutor, Douglas County District Attorney David McDade, last spring. Both had been the subject of media reports questioning their spending of forfeiture funds, money taken from criminals that is supposed to be use for law enforcement purposes.
“We are now pleased, though not surprised, with the outcome of the GBI’s review,” Howard wrote in an email. “… Their findings are in line with our original contention: our expenditures were legal and there was no criminal conduct.”
Keenan said the investigation remains open while agents compile documents that will be part of the report to Attorney General Sam Olens.
“Were in the process of providing the file to the attorney general and that will be done when we finalize the audit report. The GBI sees no criminal activity here,” Keenan said.
“Originally, when asked by the media if we would submit our records of state forfeiture expenditures to the GBI for review, my first response was ‘No.’ … I felt a review by … the GBI was unnecessary,” Howard wrote. He later changed his mind.
Wednesday, the investigation focusing on McDade was closed with a signed agreement not to prosecute him. McDade’s promise to resign at the end of this month and to write a personal check to Douglas County for $4,000, the tally of the disputed spending.
A spokeswoman for Attorney General Sam Olens declined to comment because the office had not received the GBI report.
Forfeiture is a common tool in both state and federal prosecutions but the federal rules about how those moneys can be used are stricter.
The Atlanta Journal-Constitution reported last year questionable spending of forfeited funds by the Fulton District Attorney’s Office. Records showed the money has been used to pay for galas, dinners and back rent on an office the DA maintains in the community, away from the courthouse. In one instance, $5,100 from the forfeited funds account was used to pay for a dinner for staffers and their families at Bennie’s Red Barn, a Saint Simon’s Island restaurant. Other examples of the spending are $270 for 33 children’s meals and $1,600 for rib eye steaks.
The investigation of McDade began after an Atlanta television station reported he had used his forfeiture account to pay the daughter of an employee as an intern even though she was in college in south Georgia all that time. He also was criticized for using forfeiture funds to buy a car that a favored employee used for personal transportation. McDade has had serious health problems since December and has not been to the office since. He did not qualify to run for the office he has had since 1991. His attorney announced his retirement at a news conference on Wednesday.
Under Georgia law, chief assistant DA Brian Fortner will take over once McDade’s retirement is effective. Fortner has qualified to run as a Republican, facing Democrat, Elizabeth Dalia Racine, now a prosecutor in DeKalb County.
About the Author
