Let's just all agree that what they did was wrong. But they were tried and convicted under the RICO Act. You remember that one - it's the one the Feds like to use for racketeering. So let's compare and contrast.
One was by Richard Rothstein. In this brilliant article, Rothstein argued that the 11 convicted educators were “taking the fall” for a thoroughly corrupt testing regime that set impossible goals and punished those who can’t meet them:
Eleven Atlanta educators, convicted and imprisoned, have taken the fall for systematic cheating on standardized tests in American education. Such cheating is widespread, as is similar corruption in any institution—whether health care, criminal justice, the Veterans Administration, or others—where top policymakers try to manage their institutions with simple quantitative measures that distort the institution’s goals. This corruption is especially inevitable when out-of-touch policymakers set impossible-to-achieve goals and expect that success will nonetheless follow if only underlings are held accountable for measurable results.
The most widely reported recent instance of this corruption was the Veterans Administration’s requirement that its staff schedule appointments within 14 days of a veteran’s request for one. That it was impossible to meet this standard because there were insufficient doctors to see patients within that time frame did not influence the VA to change its standard. So, systematically, nationwide, intake staff cheated, for example by reporting that patients had only called for an appointment 14 days before they received one, not the months that may have transpired. Many staff members also lied to federal investigators looking into the cheating; lying to investigators is a crime for which Atlanta educators were convicted, VA employees have not been similarly prosecuted. Instead of being put on trial, supervisors who permitted such practices have been allowed to resign.
Last May, Secretary of Veterans Affairs Eric Shinseki, who had ordered that appointments be scheduled within 14 days, himself resigned because of the scandal. I offer no opinion about whether similar accountability would be appropriate in the Department of Education.I will offer an opinion. I think Arne Duncan should at least been pulled into Obama's office and asked, "What are we doing that the testing in our schools is this high-stakes as to drive teachers to commit illegal acts?"
David Dayen of The Fiscal Times, writes:
One of the defining issues of this millennium has been the bifurcation of the criminal justice system, with one set of rules for ordinary people and another for elites. We’ve learned that justice is a commodity to be purchased rather than a universal value delivered without prejudice.
That’s the proper backdrop to the news of convictions in the Atlanta test cheating case. Eleven educators were found guilty of racketeering charges — something typically reserved for organized crime — for feeding students answers to standardized tests, or changing test sheets after they were turned in.
None of this excuses the misconduct, it sets a context for it.Comparing widespread mortgage fraud and the Atlanta cheating scandal:
When the loans predictably defaulted, mortgage servicing company employees were instructed to lie to customers, claim to have lost loan modification applications when they actually shredded them, and push customers into foreclosure, which maximized servicer fees. One set of workers at Bank of America testified that they received Target gift cards as bonuses for causing foreclosures among customers.The outcomes:
In the foreclosure process, these same companies, with help from “default services” specialists and “foreclosure mill” law firms, fabricated and forged the legal documents required to enforce the terms of the mortgage, because all that documentation was either lost or never recorded. Workers would sign each other’s names, use each other’s notary stamps, pretend to work for other companies, and assign mortgages from the company they didn’t work for to the one they did.
“You don’t have to consider the Atlanta teachers innocent to know something has gone terribly awry in the country when filling in bubbles on Scan-Tron sheets can get you 20 years, but stealing people’s homes and defrauding pension funds can’t get you indicted. The only way you could see what the justice system has granted bankers as in any way commensurate with what it does to ordinary people is if you grade on a curve.”Jason Linkins writes:
There’s really no doubt that those convicted did a Very Bad Thing — like, you know, The Worst Thing “since forever” OMG — if for no other reason than that their actions will scandalize other public school educators, who are currently described so frequently in media accounts as “embattled” it’s like their homeric epithet. The only people more demonized by political elites from either party are sadists who attempt to set up demented death-cult caliphates.He concludes:
And sweet fancy Moses, did they ever lay the wood to those folks they convicted! Per the AP: “Over objections from the defendants’ attorneys, Superior Court Judge Jerry Baxter ordered all but one of those convicted immediately jailed while they await sentencing. They were led out of court in handcuffs.”
They took them out in chains! That’s hardcore. That’s humiliating. That’s a sight that will make other people think twice before committing similar crimes — it’s what real accountability looks like.
“In the end, I think that these Atlanta teachers have learned a lesson: Be a banker. Or a polluter. Or run a for-profit education scam. Or snooker people with predatory mortgage agreements. Or rip off people with penny-stock schemes. Or run a college sports cartel. Or create a super PAC. Or “torture some folks.”
“Just don’t ever change the answers on a standardized test.”