Audit of the Berkshire County District Attorney’s Office (April 11, 2025)

This is a state performance audit of the Berkshire County District Attorney’s Office covering July 1, 2021 through June 30, 2023.

“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.”

Auditors checked whether the office handled forfeited assets correctly, trained employees on cybersecurity, and updated its internal controls after a prior audit recommendation.

“The purpose of our audit was to determine the following:”

The problems could affect public money, cybersecurity safety, and whether the office spots and manages risks that could interfere with its work.

“Without updating its internal control plan, BCDA may not identify and/or mitigate all risks that could prevent it from accomplishing its objectives.”

For residents, this matters because the district attorney’s office handles criminal cases, public funds, and sensitive information, and the audit pushes for stronger safeguards.

“BCDA is one of 11 district attorneys’ offices in the Commonwealth and serves the 32 cities and towns in Berkshire County.”

The Auditor concluded that the office did not meet the tested requirements in all three areas reviewed.

“No; see Finding 1”

The office said it is taking corrective steps, and the Auditor plans to check back in about six months.

“As part of our post-audit review process, we will follow up on this matter in approximately six months.”

This audit is significant because some issues had already been raised before, especially around forfeited funds and the outdated internal control plan.

“During our prior audit of BCDA (Audit No. 2018-1261-11J), we found that some forfeited funds were not deposited by BCDA until up to 780 days after cases were disposed of.”

“Forfeited assets” means money or property tied to controlled-substance cases that the government can seize and later split between prosecutors and police under state law.

“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.”