Worcester County District Attorney's Office (Middle District)
February 15, 2013 · Read the full official report (PDF) ↗
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“Based on our audit, we have concluded that except for the issues detailed in the Audit Findings section of this report, for the period July 1, 2010 through September 30, 2011, WCDA maintained adequate internal controls, properly maintained its financial records, and properly administered its expenses and program activities in compliance with all applicable laws, rules, and regulations for the areas tested.”
Read the plain-English breakdown
This is a State Auditor performance audit of the Worcester County District Attorney's Office for July 1, 2010 through September 30, 2011.
“In accordance with Chapter 11, Section 12, of the Massachusetts General Laws, we have conducted an audit of certain activities of the Worcester County District Attorney’s Office – Middle District (WCDA) for the period July 1, 2010 through September 30, 2011.”
Auditors reviewed whether the office had proper controls over money, spending, reporting, assets, programs, and whether it fixed issues from a prior audit.
“The objective of this audit, which covered the period July 1, 2010 through September 30, 2011, was to review the internal controls established by WCDA over certain aspects of its operations.”
The office serves about 798,000 people in central Massachusetts and handles criminal law work, investigations, education programs, and victim-witness services.
“WCDA encompasses four cities and 56 towns in central Massachusetts, representing approximately 798,000 citizens.”
For an ordinary resident, this audit is about whether public money, seized funds, equipment, and employee benefits were being tracked and reported properly by a law enforcement office that serves the community.
“District Attorney’s Offices also represent the Commonwealth before grand juries and assist with the investigation of a variety of criminal activities as well as victim-witness assistance services.”
The office was mostly compliant in the areas tested, but the auditor found several management problems that needed correction, especially around forfeited funds, inventory, and fringe benefits.
“During our audit, we reviewed the internal controls WCDA had established over the receipt, expenditure, and reporting of the forfeited funds and found that improvements were needed in several areas, as discussed in sections (a) through (c), below.”
The auditor recommended that the office write or improve policies, reconcile forfeited funds, document spending better, update inventory records, and properly report employee fringe benefits.
“WCDA should establish or improve written policies and procedures detailing processes used for its existing programs and fiscal activities.”
The most significant concern was transparency and accountability: some forfeited money was not reconciled well, some spending lacked enough support, reports were not made monthly, inventory records were incomplete, and some taxable benefits were not handled correctly.
“By not reporting monthly, the appropriation information on MMARS does not accurately or timely report all forfeited fund expenditures during the fiscal year, WCDA’s advance funds expenditure process lacks transparency, and there is no assurance that these funds are expended for their intended purposes.”
“Forfeited funds” means money connected to illegal drug activity that a court allows the government to keep and use for law enforcement-related purposes.
“All funds used to purchase, or all proceeds from the illegal sale of, a controlled substance, are subject to seizure, as detailed in Section 47(a)(5):”
6 figure(s) pending source verification - not shown
What the Auditor checked
- Partially Review WCDA’s Internal Control Plan and internal controls over financial and programmatic activities.
- Partially Determine whether WCDA’s financial records are accurate and maintained according to established criteria.
- Partially Determine whether selected expenditures were appropriate and reasonable.
- Did not comply Determine whether advanced expenses were processed properly with supporting documentation.
- Complied Review the community-based juvenile justice program for compliance with Chapter 12, Section 32 of the General Laws.
- Complied Review controls over Witness Protection Board funds to determine whether they were spent for intended purposes.
What the Auditor found
Why it matters: Without detailed written policies and procedures, staff may not consistently follow or evaluate controls over fiscal and programmatic activities.
Standard: Chapter 647 of the Acts of 1989 and the Office of the State Comptroller’s Internal Control Guide. ( Chapter 647 of the Acts of 1989, An Act Relative to Improving the Internal Controls within State Agencies; OSC’s Internal Control Guide )
1 recommendation
- WCDA should establish formal written policies and procedures for listed fiscal and programmatic areas and enhance written procedures for reconciliations, expenditures, inventory, gas cards, and vehicle usage.agency: agreed
Agency response & Auditor reply
Agency: "WCDA is in the process of establishing written policies and procedures for the diversion program, the witness protection program, the juvenile justice programs, state police overtime and the Insurance Fraud Agreement."
Why it matters: Forfeited funds could be held indefinitely by outside police departments, expenditures may lack support for their law-enforcement purpose, and MMARS may not accurately or timely report spending.
Standard: Chapter 94C, Section 47 of the General Laws; Chapter 29, Section 23 of the General Laws; OSC Advance Management Policy; IRS Form 1099-MISC guidance. ( Chapter 94C, Section 47, of the General Laws; Chapter 29, Section 23, of the General Laws; OSC’s Advance Management Policy issued on July 1, 2004 and revised on November 1, 2006 )
4 recommendations
- WCDA should contact OSC for guidance on whether it may retain and spend interest earned on confiscated funds.agency: agreed
- WCDA should establish documented reconciliation processes for confiscated and forfeited funds and judge’s forfeiture orders.agency: already implemented
- WCDA should establish or update policies and procedures over forfeited fund expenditures and require supporting documentation.agency: already implemented
- WCDA should report forfeited fund expenditures at least monthly and issue IRS Forms 1099-MISC when required.
Agency response & Auditor reply
Agency: "WCDA will attempt to strengthen its internal control systems relating to the reconciliation of forfeited funds held by outside police departments and those funds held by the District Attorney’s Office."
Why it matters: WCDA lacked a reliable basis to control, monitor, value, replace, and dispose of inventory assets.
Standard: OSC Fixed Asset Acquisition Policy issued July 1, 2004 and revised November 1, 2006. ( OSC Fixed Asset Acquisition Policy issued July 1, 2004 and revised November 1, 2006 )
1 recommendation
- WCDA should use OSC guidance to update inventory policies, establish a minimum purchase price, and update inventory listings with historical cost, purchase date, or fair market value.agency: agreed
Agency response & Auditor reply
Agency: "In conjunction with the Office of the State Comptroller’s Internal Control Guide and Fixed Asset Acquisition Policy as a reference, WCDA will establish a minimum purchase price for items that will be included on the inventory list."
Why it matters: Employee W-2 forms may have understated taxable fringe benefits and WCDA could not determine business versus personal mileage.
Standard: IRS Publication 15-B and 26 Code of Federal Regulations Section 1.61-21 (f)(6)(i). ( IRS Publication 15-B, the Employer’s Tax Guide to Fringe Benefits; 26 Code of Federal Regulations Section 1.61-21 (f)(6)(i) )
1 recommendation
- WCDA should establish a written fringe benefits policy, require documentation of personal and business miles, review IRS rules for vehicle valuation, and correctly report fringe benefits on W-2 forms.agency: partially agreed
Agency response & Auditor reply
Agency: "WCDA has reviewed IRS Publication 15-B with its accountant, and has determined that the lease value rule applies to the District Attorney and the commuting rule still applies to the Senior First Assistant District Attorney."
Auditor: "As noted in our report, the “commuting rule” cannot apply to the Senior First Assistant District Attorney until WCDA has established a written policy prohibiting the personal use of its leased vehicles."
Verified dollar findings
Identified dollar findings that do not fall in a named band.
Prior findings revisited
"Our prior audit of WCDA identified that improvements were needed in key areas and sections of its Internal Control Plan (ICP)."
"During our current audit, we found that WCDA had updated its ICP."
More audits of this entity
Other Office of the State Auditor reports on Worcester County District Attorney's Office (Middle District) , including the prior audits referenced above.
- Audit of the Worcester County District Attorney's Office (Middle District)District Attorney · March 23, 2018