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Bristol County District Attorney's Office

February 15, 2013 · Read the full official report (PDF) ↗

Published February 15, 2013 Audit covers July 1, 2010 – September 30, 2011 Under Suzanne M. Bump · 2011–2023

In plain English
Auditors found that the Bristol County District Attorney’s Office had made some progress fixing earlier problems, but still needed better written controls and cleaner accounting for seized money, forfeited money, grants, outside bank activity, and inventory.
source
“BCDA has begun to address the issues identified in our prior audit report with regard to necessary improvements to internal control procedures and accounting for seized funds.”
Read the plain-English breakdown
What is this?

This is a Massachusetts State Auditor report on selected financial and program activities at the Bristol County District Attorney’s Office for July 1, 2010 through September 30, 2011.

“This audit, which covered the period July 1, 2010 through September 30, 2011, was initiated to review the internal controls established by BCDA over certain aspects of its operations.”
Why was it audited?

The audit looked at whether the office had proper controls over money coming in and going out, financial records, inventory, certain programs, and whether it had fixed issues found in an earlier audit.

“Specifically, we reviewed the internal controls established by BCDA in the following areas: revenue collection, expenditures, financial reporting, and inventory of assets.”
Why it matters

The findings matter because public offices must track public money and property clearly, especially money seized in criminal cases or forfeited by court order.

“However, this does not mitigate a District Attorney’s responsibility to properly account for these funds by establishing adequate internal controls over this process to ensure its integrity and transparency.”
What's in it for me?

For an ordinary resident, this report is about whether a public prosecutor’s office can show that money, grants, bank accounts, and equipment are handled openly and according to rules.

“Without a strong system of internal controls over the use of forfeited funds as they relate to community-based programs, there is inadequate assurance that these funds were used for law enforcement purposes and were distributed fairly and equitably.”
The bottom line

The office generally had adequate controls in the areas tested, except for the specific problems the report lists.

“Except for the issues addressed in the Audit Findings section of this report, for the period July 1, 2010 through September 30, 2011, BCDA maintained adequate internal controls over its financial operations and program activities for the areas tested.”
What happens next

The auditor recommended that the office strengthen written procedures, get guidance from the state comptroller, correct accounting treatment for certain funds, and update inventory records.

“BCDA should develop and implement formal written internal control policies and procedures for the periodic reconciliation of all records relative to seized funds, including monthly comparisons to prevent seized funds being recorded in both safe deposit and bank records, bank accounts, recognition of revenue, and forfeiture receipts and disbursements, as part of its implementation of its internal control plan.”
Why it's significant

The report is significant because it flags money and asset tracking problems, including grant money put into the wrong type of account and incomplete records for many fixed assets.

“BCDA deposited $125,734 of state grant funds, received through cost reimbursement under the Senator Charles E. Shannon Jr. Community Safety Initiative Grant Program, in its forfeited fund revenue account, resulting in the overstatement of the forfeited fund revenue.”
Jargon, unpacked

MMARS is the state’s official computerized accounting system, so money outside MMARS is harder to see in normal state financial records.

“The $19,450 has not been deposited with the State Treasurer or recorded by BCDA on the Massachusetts Management Accounting and Reporting System (MMARS), the computerized electronic accounting system that has been established as the official record of the Commonwealth’s accounting activities.”

8 figure(s) pending source verification - not shown

What the Auditor checked

What the Auditor found

BCDA still needed to improve fiscal and programmatic policies supporting its internal control plan.
internal controlsrecordkeeping/documentation

Why it matters: Staff may not know what controls are required, and compliance cannot be properly evaluated.

Standard: OSC’s Internal Control Guide ( Chapter 647 of the Acts of 1989 )

1 recommendation
  • Develop and implement formal written policies and procedures for reconciliation of seized funds, recognition of revenue, and forfeiture appropriation disbursements.agency: agreed
Agency response & Auditor reply
Agency: "We are now in receipt of your new suggestions to further improve our internal control plan and we intend to adopt those suggestions."
BCDA’s seized-fund records lacked adequate reconciliation controls and seizure dates.
cash handlinginternal controlsrecordkeeping/documentation

Why it matters: Seized funds could be recorded incorrectly or lack required supporting information.

Standard: Chapter 647 of the Acts of 1989 ( Chapter 647 of the Acts of 1989 )

2 recommendations
  • Develop formal written internal control policies and procedures for periodic reconciliation of all records related to seized funds.agency: agreed
  • Ensure that the Logbook includes seizure dates.agency: agreed
Agency response & Auditor reply
Agency: "Although BCDA did not specifically respond to this issue, it did state in its response to Audit Finding No. 1a that it intends to improve its internal control plan in several areas, including the reconciliation of seized funds."
BCDA lacked sufficient procedures over interest on seized funds and documentation for forfeited-fund uses.
cash handlinginternal controlsrecordkeeping/documentation

Why it matters: There was inadequate assurance that forfeited funds were used for law enforcement purposes and distributed fairly and equitably.

Standard: Chapter 94C, Section 47(d), of the Massachusetts General Laws ( Chapter 94C, Section 47(d), of the Massachusetts General Laws )

2 recommendations
  • Request assistance from OSC in determining the proper disposition of any interest earned on seized funds.
  • Establish formal written policies and procedures for expenditures of appropriated forfeited funds, including documentation for donations to community-based programs.agency: disagreed
Agency response & Auditor reply
Agency: "Consequently, the finding in the report that “the BCDA did not have adequate documentation of how these funds were independently requested by these recipients...” is clearly erroneous."
Auditor: "We do not agree with BCDA that our conclusion relative to its not having adequate documentation to support how its forfeited funds were requested, awarded, or used is erroneous."
BCDA controlled a bank account outside the state accounting system.
cash handlinginternal controlsrecordkeeping/documentation

Why it matters: Revenues were not deposited with the State Treasurer or recorded in MMARS.

Standard: Chapter 30, Section 27, of the General Laws and OSC State Finance Law and General Contract Requirements policy ( Chapter 30, Section 27, of the General Laws )

4 recommendations
  • Transfer $10,403 of interest back to the seized fund bank account.
  • Reimburse the BAI account for the $2,528 operating expense.agency: already implemented
  • Obtain an OSC Legal Unit ruling on the propriety of the BAI account.
  • Seek OSC guidance on disposition and collection of check collection revenues.
Agency response & Auditor reply
Agency: "The expense was reimbursed to this account from forfeiture funds which BCDA would have liked to use to pay the emergency cost, but which were not available in the form of funds required in the circumstances."
Auditor: "We commend BCDA for taking corrective action in reimbursing the BAI account and recommend that BCDA address the remaining three recommendations."
BCDA deposited Shannon Grant funds into its forfeited fund revenue account.
grants managementcash handlingrecordkeeping/documentation

Why it matters: Forfeited fund revenue was overstated, and financial reporting did not accurately reflect forfeited revenue activity.

Standard: Chapter 30, Section 27, of the General Laws ( Chapter 30, Section 27, of the General Laws )

1 recommendation
  • Seek OSC guidance in establishing necessary MMARS accounts to provide separate accountability of the funds.
Agency response & Auditor reply
Agency: "The BCDA request was denied and, again in writing, the BCDA was directed to make the deposits to the forfeited funds account."
Auditor: "We recommend that BCDA contact OSC as the proper oversight authority for the accounting of these funds."
BCDA’s fixed asset inventory listing was incomplete.
asset/inventory controlrecordkeeping/documentationinternal controls

Why it matters: BCDA could not ensure that it was adequately protecting inventory from theft or misuse or valuing inventory for replacement and disposal.

Standard: OSC Fixed Assets – Acquisition Policy and BCDA internal control policies and procedures ( OSC’s Fixed Assets – Acquisition Policy )

1 recommendation
  • Update inventory records to include purchase price, purchase date, fair market value if cost is unavailable, locations, and tags.agency: no response
Agency response & Auditor reply
Agency: "BCDA did not specifically respond to this issue."

Prior findings revisited

Being worked on
"During our follow-up audit, we determined that the Bristol County District Attorney’s Office (BCDA) has begun to address the issues identified in our prior audit report regarding (a) updating and improving its internal control plan (ICP) and developing specific policies and procedures to support its ICP and (b) accounting for seized funds."
Still a problem
"However, BCDA needs to continue its efforts to fully resolve these issues, as discussed below."

More audits of this entity

Other Office of the State Auditor reports on Bristol County District Attorney's Office , including the prior audits referenced above.

See this entity's page with all 6 audits →