JOHN FLOYD
Contact John Floyd
Phone 404.881.4159
Fax 404.881.4111
Email floyd@bmelaw.com
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John Floyd represents both plaintiffs and defendants at the trial and appellate levels in cases involving business torts, the federal and state Racketeer Influenced and Corrupt Organizations (“RICO”) statutes, health care, and professional liability. He also conducts internal investigations for institutional clients.
John is the author of the only book on state RICO statutes. John also served as a Special Assistant Attorney General for the State of Georgia in its largest RICO prosecution and the companion civil RICO forfeiture action, and as a Special Assistant District Attorney in the successful prosecution of Sidney Dorsey, the former sheriff of DeKalb County, Georgia, on charges including murder and RICO. John was made a member of the National District Attorneys Association “Heavy Hitters” club for his work on the Dorsey case. That award recognizes outstanding work in prosecuting a complicated, difficult, high-profile case that ends successfully with a guilty verdict. John then successfully argued for the affirmance of that conviction before the Georgia Supreme Court.
Representative Cases
RICO: Plaintiffs
- Represented county school district in an investigation of fraud and waste in the construction and renovation of school buildings that resulted in recoveries and savings of several million dollars
- Represented plaintiff corporation in a case against former employees who literally stole an entire computer software development company
RICO: Defendants
- Represented publicly traded corporation and its subsidiary in an investigation concerning alleged receipt of stolen property
- Represented defendant accused of participating in a major theft ring - settled the case at a relatively low amount, re-established a business relationship between the defendant and the plaintiff company, and insulated the defendant from a pending criminal investigation
RICO as special prosecutor
- Helped convict the former sheriff of DeKalb County, Georgia who ordered the murder of his elected successor and defend the conviction in the Georgia Supreme Court
- Helped convict two members of the faculty at The Medical College of Georgia who had stolen over $10 million in research funds, and recovered 99% of the stolen funds
False Claims Act
- Represented a relator in settling a case against a nursing home that resulted in a state of the art Corporate Integrity Agreement being imposed on the defendant
- Represented a defendant in a successful eight year battle against a relator who attempted to amend the complaint at least four separate times. Defeated every attempted amendment and won the case in the 11th Circuit, generating an important new standard that has since been followed in several other circuits
Professional Liability
- Represented a defendant in winning summary judgment on behalf of a major law firm using a novel legal theory, without taking any depositions
Awards & Recognition
Chambers USA Guide to America’s Leading Lawyers for Business
Best Lawyers in America
Super Lawyer, Atlanta Magazine - Top 100
President's Award, Georgia Gang Investigators Association (2009)
National District Attorneys Association Heavy Hitter’s Award (2003)
Distinguished Service Award, District Attorneys’ Association of Georgia (2002)
Notes and Comments Editor, Emory Law Journal (1982-1983)
Education
Brown University (A.B., 1980, with honors)
Emory University (J.D., 1983)
Clerkship
Law Clerk to the Honorable William C. O’Kelley, United States District Court for the Northern District of Georgia, 1983-1985
Bar and Court Admissions
State Bar of Georgia
United States Court of Appeals for the Eleventh Circuit
United States District Court for the Northern District of Georgia
Professional Activities
Member, Fulton County Board of Ethics, 1998 – 2004
Counsel, Fulton County Board of Ethics, 1993-1998
Special Assistant Attorney General, State of Georgia, 1997-2000
Special Assistant District Attorney, Augusta, Brunswick, Cobb, Dougherty, Rome and Stone Mountain Judicial Districts
Member, Civil RICO Report Editorial Advisory Board
Member, Atlanta Bar Association (Litigation Section)
State Bar of Georgia (ADR, Bankruptcy, and General Practice and Trial Sections)
American Bar Association (Antitrust (Chair, Civil RICO Committee, 1997-2001), (Co-Chair Business Torts Committee, 2002-03), Criminal Justice and Litigation Sections)
Lawyers Club of Atlanta
Master, Joseph Henry Lumpkin American Inn of Court
Publications/Speaking Engagements
Chair, ICLE of Georgia Seminar on RICO (1991-2009)
Co-Chair ICLE of Georgia seminar on Corporate Internal Investigations, 2007-2010
Faculty Member, National College of District Attorneys, White Collar Crime Course, 2002-2007
Speaker at numerous seminars regarding civil and criminal applications of the federal and state RICO statutes, including ABA, NAAG, NCDA, Georgia Gang Investigators Association, and various prosecutors’ offices and organizations
Author:
RICO State by State: A Guide to Litigation Under the State Racketeering Statutes (American Bar Association, Section of Antitrust Law, 1998)
The Private Securities Litigation Reform Act of 1995 and the Likely Impact Upon Federal and State RICO Litigation, RICO Bus. Disp. Guide (CCH) paragraph 9016, April 18, 1995
Don’t Fence Reves In: The Decision is Not Limited to Professionals, Civil RICO Report, Buraff Publications, Vol. 9, 50, Part 2.
Editor and chapter author: The Right Against Self-Incrimination in Civil Litigation (American Bar Association, Section of Antitrust Law, 2001)
Co-author:
Chapter author: “State RICO Actions,” 4 Georgia Jurisprudence, Business Torts and Trade Regulation (Thomson West 2005)
The Application of O.C.G.A. § 9-11-9.1 to Malpractice Actions in Federal Court, Georgia State Bar Journal (May, 1992)
Practice Areas
Business Torts, Federal and State RICO, False Claims Act, Health Care and Professional Liability, Litigation and Internal Investigations.
