Overview
The Worcester County District Attorney’s Office (WCDA) 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.
WCDA is one of 11 district attorneys’ offices throughout the Commonwealth. WCDA serves four cities and 56 towns in central Massachusetts, representing approximately 862,000 residents of the Commonwealth. WCDA represents the Commonwealth at bail hearings, commitment proceedings related to criminal matters, rendition proceedings, and presentations of evidence as part of investigations into whether an individual’s death was the result of a crime. WCDA also assists in the investigation of a variety of criminal activities.
WCDA’s main administrative office is at 225 Main Street in Worcester. As of June 30, 2021, WCDA had 171 employees, including the District Attorney.
Asset Forfeiture
To prevent individuals from profiting from illegal drug activity, Section 47 of Chapter 94C of the General Laws authorizes law enforcement to seize any profits of drug distribution or any property that is used, or was intended to be used, for illegal drug activity. Either WCDA or the local or state police department (PD) that performed the seizure holds the funds seized from a defendant until a judge determines whether the funds should be forfeited to the Commonwealth. If funds are ultimately deemed forfeited by a court order, the funds are divided equally between WCDA and the PD that performed the seizure. According to Section 47(d) of Chapter 94C of the General Laws, forfeited funds may then be expended by WCDA as follows:
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.
Every year WCDA uses a portion (up to 10%) of forfeited funds to award grants to neighborhood nonprofit groups that offer programs (e.g., sports or arts and crafts initiatives) geared toward children and teenagers. According to WCDA’s internal control plan, these grants “assist in funding programs which engage youth in positive and healthy activities at times when they could otherwise be at risk.”
Community programs apply for grant funding by submitting a Funds Request Form to WCDA, describing the program’s mission and reason for the request. Upon receipt of a Funds Request Form, a WCDA assistant district attorney summarizes the information on the form in a memorandum. A committee of three WCDA employees reviews each completed Funds Request Form and memorandum and makes recommendations to the District Attorney, who gives final approval. Once a grant is awarded, the community program is required to submit expense reports showing how the granted funds were spent.
WCDA’s forfeited fund revenue was $645,169 for fiscal year 2020 and $430,018 for fiscal year 2021. WCDA’s forfeited fund expenditures were $408,476 for fiscal year 2020 and $351,584 for fiscal year 2021. Unexpended forfeited revenue remains in WCDA’s forfeiture trust fund account with the Office of the State Treasurer and Receiver General, as required by Section 47(d) of Chapter 94C of the General Laws.
When PDs Hold Confiscated Funds
When the PD investigating drug offenses initially seizes funds and/or property, the PD may elect to retain possession of the funds and/or property (pending the outcome of the forfeiture process) or may transfer possession of funds to WCDA.
When PDs hold confiscated funds, the PD completes and emails a Request for Asset Forfeiture Form to the assistant district attorney in charge of the Forfeiture Drug Unit (the chief of asset forfeiture) within 10 days of seizing funds. The Request for Asset Forfeiture Form documents the following information: the PD that performed the seizure, the defendant’s name, the date of seizure, and the amount of funds seized. The chief of asset forfeiture emails a copy of this form to WCDA’s Fiscal Unit. The fiscal administrator prints a copy of the Request for Asset Forfeiture Form and enters the information on the form into a Microsoft Excel spreadsheet. WCDA uses the spreadsheet to track all confiscated funds and/or property held by PDs until the forfeiture process is complete. The fiscal administrator maintains a binder where the PDs’ hardcopy Request for Asset Forfeiture Forms are filed.
When the forfeiture proceeding is complete, the prosecutor emails the court order in favor of asset forfeiture to the chief of asset forfeiture. The chief of asset forfeiture emails the court order to the fiscal administrator, who enters the court order information into an Excel spreadsheet. WCDA uses the spreadsheet to track the disposition of forfeited funds and/or property held by PDs until WCDA receives the funds. The fiscal administrator maintains a binder where the hardcopy court orders are filed by city or town name and deletes the associated information in the spreadsheet.
The chief of asset forfeiture also sends a copy of the court order and a request for WCDA’s share of the funds to the PD holding the forfeited funds. The PD sends a check to WCDA through the United States Postal Service. Upon receipt, WCDA’s director of operations date stamps this mail and brings it to the fiscal administrator, who makes a copy of the check and retrieves the hardcopy court order from the city’s or town’s file. The fiscal administrator records the disposition of the forfeited funds in WCDA’s Microsoft Access forfeiture database, which WCDA uses to track all confiscated and/or forfeited fund cases.
The fiscal administrator enters the forfeited fund information from the court order into QuickBooks, WCDA’s electronic accounting system, using an intake sheet. The fiscal administrator prints the completed intake sheet for WCDA’s hardcopy files.
The fiscal administrator uses the QuickBooks banking function to record the deposit of forfeited funds into WCDA’s Bank of America forfeited fund sweep account2 and the funds are then automatically transferred from this account to WCDA’s forfeiture trust fund account within the Massachusetts Management Accounting and Reporting System (MMARS). The fiscal administrator prepares a deposit ticket, takes the funds to the bank, and deposits the funds into the Bank of America forfeited fund sweep account. Additionally, the fiscal administrator enters relevant court information (e.g., the defendant’s name, case number, and date the funds were forfeited) and the receipt and deposit dates for the forfeited funds into the Microsoft Access forfeiture database.
The fiscal administrator staples the bank receipt, intake sheet, court order, and a copy of the check together and files the documents in a locked filing cabinet in the chief financial officer’s (CFO’s) office.
When WCDA Holds Confiscated Funds
Following the initial seizure, PDs in Worcester County may bring confiscated funds to WCDA’s office, at the PDs’ discretion. In this situation, the PD contacts the District Attorney to schedule a time to bring in the confiscated funds. Once the PD brings the funds to WCDA, WCDA’s fiscal administrator and CFO and the PD representative count the funds together. The WCDA fiscal administrator or CFO records the dollar amount of the confiscated funds on the Request for Asset Forfeiture Form and signs and dates the form. The fiscal administrator retains copies of the Request for Asset Forfeiture Form for the fiscal department and the chief of asset forfeiture. The fiscal administrator provides the signed original Request for Asset Forfeiture Form to the PD representative.
The fiscal administrator records the confiscated fund information from the Request for Asset Forfeiture Form in QuickBooks using an intake sheet. This entry records the deposit of the funds into WCDA’s Bank of America confiscated funds trust account, pending determination by a judge’s court order. The fiscal administrator also records relevant case details (e.g., defendant name, case number, date confiscated) from the Request for Asset Forfeiture Form in the Microsoft Access forfeiture database.
The fiscal administrator completes a deposit ticket for WCDA’s Bank of America confiscated funds trust account and places it in a sealed deposit bag with the confiscated funds. The fiscal administrator or CFO makes the deposits on the same day. If the amount exceeds $3,000, the fiscal administrator and CFO bring the funds to the bank, and the PD representative accompanies them.
The fiscal administrator staples the Request for Asset Forfeiture Form, intake sheet, and bank receipt together and files the documents in a locked cabinet in the CFO’s office.
When the case is adjudicated, the prosecutor forwards the court order in favor of asset forfeiture to the chief of asset forfeiture. The chief of asset forfeiture forwards the court order to the fiscal administrator. The fiscal administrator writes checks in QuickBooks from WCDA’s Bank of America confiscated funds trust account to the PD that seized the funds and WCDA. The fiscal administrator mails the check with the PD’s share of the funds to the corresponding PD with a letter addressed to the chief of police and a copy of the court order. The fiscal administrator updates the Microsoft Access forfeiture database with the relevant case information and changes the case status from open to closed.
The fiscal administrator or CFO deposits WCDA’s check into WCDA’s Bank of America forfeited fund sweep account. These funds are transferred daily into the state’s General Fund and credited to WCDA’s forfeiture trust fund account in MMARS through the Office of the State Treasurer and Receiver General and are available for expenditure.
Office of the Comptroller of the Commonwealth’s Pandemic Response Guidance
On September 30, 2020, the Office of the Comptroller of the Commonwealth provided guidance in response to the 2019 coronavirus (COVID-19) pandemic for state agencies. The guidelines helped state agencies experiencing significant changes to their business processes to identify their goals, objectives, and risks associated with COVID-19. Objectives could include telework; return-to-office plans; a risk assessment of the impact of COVID-19 on state agency operations; changes to the business process; safety protocols for employees and visitors; and tracking of COVID-19–related awards and expenditures, which are tracked separately from other federal, state, and local expenditures.
Cybersecurity Awareness Training
The Executive Office of Technology Services and Security has established policies and procedures that apply to all Commonwealth agencies. 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 cybersecurity awareness training course within 30 days of their orientation.
| Date published: | May 4, 2023 |
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