Overview
The Norfolk District Attorney’s Office (NDAO) 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 the Commonwealth in accordance with Chapter 258 of the General Laws.
NDAO is one of 11 district attorneys’ offices in the Commonwealth. NDAO serves 27 cities and towns in eastern Massachusetts. NDAO’s main administrative office is at 45 Shawmut Road in Canton, and NDAO operates from five district courts in Norfolk County, as well as the superior and juvenile courts.
According to its website,
[NDAO] works with court personnel and the law enforcement community every day to prosecute approximately 20,000 cases a year. These cases involve homicide, sexual assault, domestic violence, robbery, drug sales and possession, fraud, theft, driving under the influence of alcohol and drugs, and many other offenses.
According to NDAO’s most recent internal control plan, dated June 2021, as of the time of our audit,
[NDAO’s mission] is to seek justice through the fair and ethical prosecution of criminal cases, to work with victims and their families to ensure that those who otherwise might not be heard have a voice in the criminal justice system, and to create a safer community through positive partnerships with law enforcement agencies and the citizens of Norfolk County.
NDAO received appropriations of $11,027,852 and $12,139,064 from the Commonwealth for fiscal years 2020 and 2021, respectively. As of June 30, 2021, NDAO had approximately 149 employees.
Asset Forfeiture
To prevent individuals from profiting from illegal drug activity, Section 47 of Chapter 94C of the General Laws authorizes law enforcement agencies to seize assets such as any profits of drug distribution or any property that is used, or was intended to be used, for illegal drug activity. Some examples of assets that may be subject to forfeiture are money, cell phones, computers, motor vehicles, and real property.1
The local or state police department (PD) that performed the seizure holds the assets seized from a defendant until a judge determines whether these seized assets should be forfeited to the Commonwealth. Each forfeiture case is heard as part of its related criminal court case, regardless of how many or what kind of assets were seized. However, if the seized assets involve (1) more than $2,500, (2) a motor vehicle, or (3) real property, then there will be an additional, separate civil court case. If assets are ultimately deemed forfeited by a court order, then these assets are (1) divided equally between NDAO and the PD that performed the seizure and (2) moved to and held in a forfeiture trust fund. If more than one PD was involved in the seizure, then the PDs split a 50% share equally.
According to Section 47(d) of Chapter 94C of the General Laws, NDAO may expend money from the forfeiture trust fund for the following purposes:
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 . . . deems appropriate. The district attorney . . . may expend up to ten percent of the monies and proceeds for drug rehabilitation, drug education and other anti-drug or neighborhood crime watch programs which further law enforcement purposes.
NDAO’s forfeited asset revenue was $434,174 during the audit period. NDAO’s forfeiture trust fund expenditures were $528,695 during the audit period. According to NDAO officials, forfeited asset revenue, which accrues over multiple years, remains in NDAO’s forfeiture trust fund account with the Office of the State Treasurer and Receiver General until expended, as required by Section 47(d) of Chapter 94C of the General Laws. NDAO officials also told us that the unexpended balance of the forfeiture trust fund at the end of a fiscal year is rolled forward for the next fiscal year.
Cybersecurity Awareness Training
The Executive Office of Technology Services and Security has established policies and procedures that apply to all Commonwealth agencies. Its Information Security Risk Management Standard IS.010 requires that all Commonwealth personnel be trained annually for cybersecurity awareness. Section 6.2 of the document 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 Offices and Agencies must ensure that all personnel are trained on all relevant rules and regulations for cybersecurity.
To ensure that employees are clear on their responsibilities, all employees in state executive agencies with access to a Commonwealth-provided email address are required to complete a cybersecurity awareness course every year. All new hires must complete an initial security awareness training course within 30 days of their orientation.
| Date published: | October 24, 2023 |
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