FORT WORTH, Texas (AP) - A contractor accused of possibly overcharging Fort Worth schools by $5 million says he's being made a scapegoat for problems in the district, which is under FBI investigation.

The district used concrete vendor Ray Brooks because he was willing to do whatever it took to finish jobs within a stated time frame, his attorney, John Sweeney of Dallas, said in a statement given Tuesday to the Fort Worth Star-Telegram.

"Mr. Brooks was at the district's beck and call, and the school personnel knew it," Sweeney wrote. "Also, the fact that Mr. Brooks was a minority contractor helped the district meet its requirements over the years to use minorities in these matters."

Brooks was paid $31.2 million from late 1991 through late 2001, according to a recently released outside audit. The auditor looked at five "representative projects" and questioned 74 percent of the almost $6.5 million Brooks was paid.

Auditor Felix Lozano said inflated invoices accounted for more than $3.2 million of the potential overcharges. He said Brooks did not provide documents to support his explanations of how his bids were prepared.

Superintendent Thomas Tocco said the Tarrant County District Attorney's Office called Tuesday seeking a copy of the audit.

Tocco said the school district should pursue civil action to recover any overcharges.

Brooks' attorney said district personnel approved hiring Brooks for each job and instructed him to break up his invoices into amounts under $25,000. Sweeney also said Brooks' work was monitored.

But the auditor said the district allowed Brooks to define the nature and scope of his jobs and then paid him without verifying that the work was finished.

The auditor blamed much of the problem on former maintenance department chiefs Eldon Ray and Tommy Ingram, whose work with Brooks apparently circumvented the district's bidding rules.

Two decades ago, the district faced another spending scandal that attracted the district attorney's attention. Sixteen district employees and businessmen were indicted in connection with kickback schemes and other abuses. One public official went to prison, and a district purchasing agent committed suicide.

One of the most common practices at that time was sidestepping competitive bidding. Maintenance foremen broke single purchases into several invoices so the costs would fall under the amount at which standard bidding is required.