Overview
The Berkshire County District Attorney’s Office (BCDA) was established under Sections 12 and 13 of Chapter 12 of the Massachusetts General Laws, which provide for the administration of criminal law and the defense of civil actions brought against a public employer or employee of the Commonwealth in accordance with Chapter 258 of the General Laws.
BCDA is one of 11 district attorneys’ offices in the Commonwealth and serves the 32 cities and towns in Berkshire County. BCDA represents the Commonwealth in criminal cases in the Berkshire Superior Court, three district courts, three juvenile courts, an Appeals Court, and a Supreme Judicial Court. BCDA has two offices, one in Pittsfield and one in North Adams.
According to BCDA’s website,
The Berkshire District Attorney’s Office is unequivocally committed to:
- Delivering equal justice for all residents of Berkshire County regardless of national origin, race, color, religion, disability, sex, gender identify, sexual orientation and familial status.
- Involving the community through proactive programs that educate citizens and help individuals avoid criminal involvement including statutory diversion programs like drugs, mental health, and veterans programs.
- Prosecuting those that harm our community including career criminals, gang members, individuals possessing illegal firearms, drug traffickers, and perpetrators of domestic violence.
- Fighting for justice on behalf of those victimized by sex crimes, domestic violence, exploitation, and child abuse.
- Partnering with law enforcement [in this case, police departments], social services, and the public to promote aggressive crime-prevention strategies.
- Advocating for local businesses that have been victims of theft and larceny.
During fiscal years 2022 and 2023, BCDA had 62 and 81 employees, respectively, and received state appropriations of $5,379,412 and $5,486,974, respectively.
Asset Forfeiture
Section 47 of Chapter 94C of the General Laws authorizes the Commonwealth to seize property including, but not limited to, monetary proceeds traceable to the exchange of a controlled substance or the equipment or vehicles associated with the manufacturing or distribution of controlled substances.
Per BCDA’s “Forfeited Property Procedures,” funds and/or property which are seized as possible asset forfeitures are to be kept secure by the police department responsible for the seizure. For funds and/or property seized by the Massachusetts State Police or the Berkshire Narcotic Unit, the funds may be held in evidence lockers or in an account set up by the State Police or by BCDA’s director of fiscal affairs.
The assistant district attorneys are required to review all drug-related cases to determine whether any assets were seized that are subject to forfeiture and to contact the evidence officer at the police department to verify the amount seized. When BCDA receives a forfeiture order, the assistant district attorney is required to provide copies of the order to both the director of fiscal affairs and the chief of appeals.1 When BCDA receives the funds from the police departments, a receipt of the funds received is required to be prepared and signed before the funds can be deposited. The chief of appeals is required to verify that BCDA has received and deposited all forfeited funds by signing off on all deposit slips.
Per Section 47 of Chapter 94C of the General Laws, all funds seized are to be divided equally between the prosecuting district attorney and the police department that performed the seizure. If more than one police department was involved in the seizure, then the police departments split their 50% share equitably. Per BCDA policy, the funds can be split between BCDA and the police department at the time BCDA receives the funds or distributed at a later date. If the funds are to be distributed at a later date, all of the funds received are to be deposited by BCDA and documented on the receipt, per BCDA’s “Forfeited Property Procedures.” Additionally, when the funds are later distributed, a letter detailing the distribution of funds is to be attached to the order and receipt.
During the audit period, BCDA processed $300,672 in forfeited funds and retained $218,677 in forfeited asset revenue; these funds are to remain in BCDA’s forfeiture trust fund account with the Office of the State Treasurer and Receiver General until expended. According to Section 47(d) of Chapter 94C of the General Laws,
[Forfeiture funds are allowed to] be expended without further appropriation to defray the costs of protracted investigations, to provide additional technical equipment or expertise, to provide matching funds to obtain federal grants, or such other law enforcement purposes as the district attorney or attorney general deems appropriate.
This law also allows BCDA to use up to 10% of the forfeiture funds for drug rehabilitation, drug education, and neighborhood crime-watch programs.
Cybersecurity Awareness Training
The National Institute of Standards and Technology recommends that organizations provide system users with literacy training that should include an understanding of the need for security and privacy, how to respond to suspected security incidents, and how to handle personally identifiable information.
Additionally, Section 6.2 of the Executive Office of Technology Services and Security’s Information Security Risk Management Standard IS.010 states,
The objective of the Commonwealth information security training is to educate users on their responsibility to help protect the confidentiality, availability, and integrity of the Commonwealth’s information assets. Commonwealth Agencies and Offices must ensure that all personnel are trained on all relevant rules and regulations for cybersecurity.
Internal Control Plan
The Office of the Comptroller of the Commonwealth has developed the Internal Control Guide, which is based on the Committee of Sponsoring Organizations’ Enterprise Risk Management Framework and the Standards for Internal Control. The role of the guide is to assist governmental entities with the design, documentation, and implementation of internal controls. The guide includes an internal control plan checklist that government entities, including BCDA, should follow to ensure compliance.
| Date published: | April 11, 2025 |
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