Audit

Audit  Audit of the Berkshire County District Attorney’s Office

Our office conducted a performance audit of the Berkshire County District Attorney’s Office (BCDA) for the period of July 1, 2021 through June 30, 2023.

Organization: Office of the State Auditor
Date published: April 11, 2025

Executive Summary

In accordance with Section 12 of Chapter 11 of the Massachusetts General Laws, the Office of the State Auditor has conducted a performance audit of the Berkshire County District Attorney’s Office (BCDA) for the period of July 1, 2021 through June 30, 2023.

The purpose of our audit was to determine the following:

  • whether BCDA ensured that forfeited assets were collected, deposited, and distributed in accordance with Section 47(d) of Chapter 94C of the General Laws and BCDA’s internal “Forfeited Property Procedures”;
  • whether all BCDA employees received cybersecurity awareness training in accordance with cybersecurity awareness training requirements included in Sections 6.2.3 and 6.2.4 of the Executive Office of Technology Services and Security’s Information Security Risk Management Standard IS.010; and
  • whether BCDA updated its internal control plan to include all the critical components of enterprise risk management as well as monitoring controls, as recommended in our prior audit.

Below is a summary of our findings, the effects of those findings, and our recommendations, with links to each page listed.

  
Finding 1BCDA did not ensure that all forfeited assets from cases were documented or deposited properly.
EffectBy not signing receipts or deposit slips for the received forfeited funds or documenting any associated police department funds BCDA held, BCDA may not be able to ensure the accuracy and transparency of accounting of the received funds. This could result in discrepancies and disputes about the total amount of funds that are being deposited and distributed to the associated police departments. By not depositing forfeited funds in a timely manner, BCDA made it so that it and local police departments did not have access to this funding—for an extended time–to which they were entitled, which could have been used to defray the costs of investigations, equipment, federal grant matching applications, drug rehabilitation and education, or for other purposes deemed appropriate by the District Attorney or local police department.
Recommendations
 
  1. BCDA should establish controls to ensure that it promptly receives and distributes forfeited funds.
  2. BCDA should ensure that it prepares and signs receipts for received forfeited funds. These receipts should document any funds owed to the police department associated with the case as evidence of verifying and certifying the received forfeited funds.
  3. BCDA should ensure that, for all forfeiture cases, deposit slips are signed by the chief of appeals as proof that the funds were received and deposited.
Finding 2
 
BCDA did not provide its employees with cybersecurity awareness training.
EffectWithout educating its employees on their responsibility to protect the security of information assets, BCDA exposes itself to a higher risk of cybersecurity attacks and financial and/or reputational losses.
Recommendations
 
  1. BCDA should develop, document, and implement policies and procedures that require employees to complete cybersecurity awareness training within 30 days of their orientation and annually thereafter.
  2. BCDA should ensure that it provides and documents cybersecurity awareness training for its employees.
Finding 3
 
BCDA did not update its internal control plan to include all the critical components of enterprise risk management, as recommended in our prior audit.
EffectWithout updating its internal control plan, BCDA may not identify and/or mitigate all risks that could prevent it from accomplishing its objectives.
Recommendation
 
BCDA should establish policies and procedures to ensure that its internal control plan is updated annually and when significant changes occur.

Table of Contents

Appendix

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