Atlanta lawyer John Floyd, who has served as a special prosecutor in a number of high-profile cases, is working with the District Attorney's Office as a grand jury investigates the scandal, lawyers familiar with the probe said. The attorneys requested anonymity because of the sensitivity of the grand jury proceedings.
The Racketeer Influenced and Corrupt Organizations Act -- or RICO -- is often used by district attorneys to try to prove that a legal business was being used for illegal means. It allows prosecutors to sweep numerous defendants accused of committing various crimes into the same indictment and to allege they were all part of an ongoing enterprise. Racketeering convictions carry stiff punishment of up to 20 years in prison, much longer than what school officials might face under other possible charges.
Both Howard and Floyd declined to comment.
It is unclear how close Howard is to deciding whether to ask the grand jury to hand up indictments in the APS case. It also remains to be seen whether racketeering charges will be sought and, if so, who would be the possible targets. But bringing Floyd into the case shows the charges must be under consideration.
RICO was first enacted to fight corruption and organized crime, but Georgia's law, passed in 1980, has allowed state prosecutors to seek it in cases involving gang leaders, former Cobb EMC chief Dwight Brown, the assisted-suicide group the Final Exit Network and, just recently, former DeKalb schools Superintendent Crawford Lewis.
The Fulton grand jury began investigating the cheating scandal after a scathing report was released in July, concluding a lengthy state investigation into the APS cheating scandal. The report described an enterprise where unethical -- and potentially illegal -- behavior infiltrated every level of the bureaucracy and that "thousands of school children were harmed by widespread cheating."
Three special investigators found cheating on standardized tests occurred at 44 Atlanta schools and involved 178 educators, including 38 principals. The probe was launched after multiple articles in The Atlanta Journal-Constitution raised questions about the validity of APS test score improvements.
"A culture of fear and a conspiracy of silence infected this school system, and kept many teachers from speaking freely about misconduct," the investigators' report said. "From the onset of this investigation, we were confronted by a pattern of interference by top APS leadership in our attempt to gather evidence."
When asked to comment on Floyd's involvement in the case, Mike Bowers, one of the three APS special investigators, said, "I am encouraged that Mr. Howard is getting someone of Mr. Floyd's ability and insight to look at this."