UNITEDSTATES DISTRICTCOURT

DISTRICTOF MASSACHUSETTS
UNITEDSTATESOFAMERICA ) Crim.No. 13-30028-MGM(S-l)
) '\
v. ) VIOLATIONS
)
JOSEPHBUFFIS, ) 18 U.S.C. 1951(a)-
Defendant. ) ExtortionBy Wrongful Use OfFearAnd
) UnderColorOfOfficial Right
) (Count 1)
)
) 18 U.S.C. 1956(a)(1)(B)(i)-
) MoneyLaundering
) (Counts2- 4)
) (Counts8- 11)
)
) 18 U.S.C. 1343 -
) WireFraud
) (Counts5- 7)
)
) 18 U.S.C. 1341 -
) Mail Fraud
) (Count 12)
)
) 18 U.S.C. 981,982and28 U.S.c. 2461
) Criminal Forfeiture
SUPERSEDING INDICTMENT
TheGrandJurycharges:
Atall timesrelevantto this SupersedingIndictment:
TheSchemeTo Defraud DonorsToTheEdwardJ. LaliberteToyFund
1. From approximately September 6, 2011 through August 20, 2013, defendant
JOSEPH BUFFIS ("BUFFIS") was the Chief of Police of the Lee Police Department (the
.
"LPD"), located inLee, Massachusetts. FromapproximatelyJanuary I, 1999through September
6,2011,BUFFIS wasthe LPD'sSergeant.
2. From approximately January 1, 1999through April 12, 2012, in connectionwith
his official positions at the LPD, BUFFIS operated the Edward J. Laliberte Toy Fund (the "Toy
Fund"), ostensibly to provide toys to needy childrenduring the winterholiday season. BUFFIS
exercisedexclusivecontrol overthe Toy Fund'sfinances, includingits bankaccount, whichwas
maintainedat Lee Bank(the"ToyFundAccount").
3. The Berkshire Eagle ("The Eagle") is a daily newspaper with coverage focusing
on the communities ofBerkshire County, including Lee. Since 1997, The Eagle has been
published online, and the newspaper is also regularly mailed to subscribers who reside outside
thelocalarea.
4. On behalfofthe ToyFund, BUFFIS solicited public donations, ostensibly to use
for toy purchases, primarily by sendingnoticeson LPD letterhead by facsimile ore-mail to The
Eagle for publication in its print and online editions. BUFFIS's notices generally contained a
description ofthe Toy Fund, the current year's donation target, a list ofrecent donors and their
amounts, the total amount donated to date, and directions that the donations could be mailedto
theToy Fundatalocal PostOffice Box, dropped offatthe LPD orthe Lee EmergencyDispatch
Center, or given to any LPD Officer. The Eagle regularly published BUFFIS's Toy Fund
notices. BUFFIS'snoticesweremateriallyfraudulentandfalse inthattheyfailedto disclosethat
BUFFIS was usingasubstantialpartofthedonationsforhisownpersonal use.
S. Based upon BUFFIS'snotices, citizens provided both cash and check donations,
to the Toy Fund for distribution to needy families. In addition, individualsand entities donated
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.
toys to the Toy Fund, thus providing BUFFIS with a reserve oftoys that he could provide
without having to purchase them with Toy Fund monies. BUFFIS collected the Toy Fund's
publicdonationsof cash,checks,andtoys.
6. From approximately January 1, 2007 through December 31, 2011, BUFFIS
deposited into the Toy Fund Account approximately 706 checks from approximately 343
different donors totaling approximately $52,105. During this same period, BUFFIS deposited
cash into the Toy Fund Account only once: a deposit in the amount of$145 on November23,
2010. Duringthissameperiod,LPDofficersoccasionallyconveyedpublicdonationsto BUFFIS
and made their own donations, but BUFFIS controlled the Toy Fund Account and was the only
LPDofficerto writechecksfrom theToyFundAccount.
7. Ofthe approximately $52,105 in donations that BUFFIS deposited into the Toy
Fund Account, BUFFIS wrote only one Toy Fund check to a needy family: a payment in the
amount of$250.00, on December 10, 2009. Instead, from January 1, 2007through January 3I,
2012, BUFFIS wrote approximately 53 checks totaling approximately $51,044, a substantial
portion ofwhich he used for the benefit ofhimselfand his family. These checks included the
following:
a. checks written to BUFFIS and deposited into ajoint checking account at
Berkshire Bank that he owned and operated with his wife (the "Buffis Joint
CheckingAccount");
b. checks written to "Cash" and not cashed, but instead deposited into the
Buffis Joint Checking Account, another joint account that BUFFIS owned and
operated with his wife at the Credit Union ofthe Berkshires (the "Bums CUB
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Account"), and ajoint checking account at Berkshire Bank that BUFFIS owned
andoperatedwithhisson(the"KBJointAccount");and
c. checks to Visa, Citicard, Capital One, and Home Depot Card Services to
pay billsoncreditcard accountsfor BUFFISand hiswife.
8. In orderto concealthenature, location,source,ownership,and control ofthe Toy
Fund monies, BUFFIS conducted and caused to be conducted the following financial
transactions,amongothers:
a. On December 16, 2011, BUFFIS withdrew $975.00 from the Toy Fund
AccountbywritingToyFundCheckNo. 386intheamountof$975.00to "Cash,"
whichhedeposited into theKB JointAccountonDecember16,2011.
b. On January 4, 2012, BUFFIS withdrew $3,000.00 from the Toy Fund
Account by writing Toy Fund Check No. 395 in the amount of$3,000.00 to
"Cash,"whichhedepositedintotheKB JointAccountonJanuary4,2012.
c. On January5, 2012, BUFFIS removed the $3,000.00 in Toy Fund monies
from theKBJointAccountbyconductinga$3,000.00cashwithdrawal.
d. On January 10, 2012, BUFFIS withdrew $325.00 from the Toy Fund
AccountbywritingToy FundCheckNo. 182intheamountof$325.00to "Cash,"
whichhe depositedintotheBuffisCUBAccountonJanuary 11,2012.
BUFFIS'sExtortionOfA$4,000.00"Donation"ToTheToyFund FromCitizen 1and2
9. As LPD Chief: BUFFIS's responsibilities included representing the LPD In
hearings beforetheClerk Magistrateofthe SouthernBerkshireDistrictCourt("SBDC") in Great
Barrington, Massachusetts.
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10. Citizen 1and Citizen 2were two individuals whojointlyoperated an inn located
in Lee, Massachusetts(the"Inn"). Citizen 1andCitizen2marketedthe Innthroughawebsiteon
the Internet and received a substantial number ofguests from outside the Commonwealth of
Massachusetts. TheInnmaintainedabankaccountatTDBank.
11. On or about January 19, 2012, the LPD and the Massachusetts State Police
(UMSP") conducted an undercover operation at the Inn as part of an investigation into
prostitution. Whilethe LPD andthe MSP did notarrest anyone on that date, BUFFIS informed
The Eagle that Citizen 1and Citizen 2 had been arrested on prostitution-related charges. The
Eagle reported thearrests laterthatnight and then published asimilararticle the following day,
whichcausedCitizen 1and Citizen2emotionaldistressand resultedin lostbusinessfor the Inn.
12. On or about January 20, 2012, a LPD Police Officer submitted applications for
criminal complaints against Citizen 1and Citizen 2 to the Clerk Magistrate ofthe SBDe. The
proposedcomplaintscharged Citizen 1andCitizen2each withKeepingAHouse OfProstitution
(in violationofM.O.L. Ch. 272 24) and Conspiracy (inviolationofM.O.L. Ch. 274 7), and
Citizen 1additionallywithSexualConductForAFee(inviolationofM.O.L.Ch. 272 53A/A), .
all inconnectionwithallegedprostitutionactivitiesattheInn.
13. On oraboutFebruary21, 2012, BUFFIS appeared with Citizen 1and Citizen2at
the SBDC for a Magistrate Hearing concerning the proposed complaints. Prior to the hearing,
BUFFIS met alone with Citizen 1 and Citizen 2 to discuss resolving the case without any
criminal charges being filed. During this meeting, Citizen 1 and Citizen 2 offered to donate
$1,000 to a local dog rescue fund, but BUFFIS insisted that Citizen 1 and Citizen 2 donate
$4,000 to the Toy Fund. Citizen 1and Citizen 2 initially objected, but ultimately agreed to do
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so, in part because they feared that otherwise BUFFIS would advance the case by seeking the
complaints, thereby causing them further emotional distress and financial harm. Citizen 2 then
wrote a $4,000 check from his personal account payable to the Toy Fund, with the memo line
"toy fund donation," and presented the check to BUFFIS. Citizen 2 asked BUFFIS to hold on to
the check because his personal account did not contain enough money to fund the check.
14. During this meeting, BUFFIS also asked Citizen 1 and Citizen 2 to execute an
agreement entitled "Agreement Between Parties / Accord & Satisfaction." According to this
document, which BUFFIS drafted and also executed, the parties agreed that: (a) the Clerk
Magistrate found probable cause to issue criminal complaints against Citizen 1 and Citizen 2; (b)
none of the parties would disclose the outcome of the proceeding; (c) Citizen 1 and Citizen 2
would be barred from bringing a civil or criminal action against the Town of Lee or its
employees; and (d) $4,000 in proceeds would be donated to the Toy Fund "as a voluntary
donation in lieu of criminal fines or civil forfeiture action."
15. At the hearing, BUFFIS informed the Clerk Magistrate, in sum and substance,
that (a) the matter should be continued only until the end of the day, (b) Citizen 1 and Citizen 2
had agreed to donate the prostitution proceeds, (c) the parties had entered into a non-disclosure
agreement with respect to the matter, and (d) the LPD did not intend to proceed with any
charges. Accordingly, the Clerk Magistrate did not issue any criminal complaints against Citizen
1 and Citizen 2.
16. Later on February 21, 2012, Citizen 2 funded the personal check that he gave to
BUFFIS by writing a $4,000.00 check from the Inn's TD Bank account payable to himself and
depositing this check into his personal account.
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17. On or about February 23, 2012, BUFFIS deposited Citizen 2's $4,000.00 check
into the Toy Fund's bankaccount. Prior to the $4,000.00 deposit, the Toy Fund account had a
balanceofonly$44.92.
BUFFIS'sLaunderingOfTheExtortedToyFund"Donation"
18. On orabout the following dates, in order to conceal the nature, location, source,
ownership, and control ofCitizen 2's "donation" to the Toy Fund, BUFFIS withdrew$3,990.00
from the Toy Fund account to the Buffis Joint Checking Account by writing the following
checks to "Cash" with blank memo lines and then depositing these checks into the Buffis Joint
CheckingAccount:
i Amount Check No. I
ICheckDate IDeposit Date
I
February22, 2012 February23,2012 $2,760.00 185
February27, 2012 February26,2012 194
I
1$1,000.00
I
I
I
March20,2012 March20,2012 $ 230.00 236 I
I
I 1 I
19. From approximately February23,2012to approximately April 8,2012,BUFFIS
and/orhis wife usedtheToyFundmoniesdeposited intothe BuffisJointCheckingAccountas a
source ofcash, as well as to conduct transactions at local businesses - including a liquor store
and ahardware store - andto make paymentson acreditcardaccountin the name ofBUFFIS's
wife.
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20. On or about March 29, 2012, after BUFFIS transferred $3,990.00 from the Toy
Fund account to the Buffis Joint Checking Account, only $54.92 remained in the Toy Fund
account.
TheObstructionOfThe CriminalInvestigation
21. Between on or about March29, 2012 and on orabout June 25, 2012, in orderto
conceal his schemeto defraud the Toy Fund donors, including hisdiversionof$3,990.00ofthe
extorted$4,000.00"donation"from theToyFundto the BuffisJointCheckingAccount, BUFFIS
made false statements to MSP investigators concerning his use ofthe Toy Fund monies, the
involvementofotherLPDofficers,andhisdispositionoftheextorted"donation."
22. For example, following an interview with an MSP officer on March 30, 2012,
BUFFISsignedawrittenstatementinwhichhefalselyclaimed:
a. "Typicallybetweenone-hundredto one-hundredandthirtykidsgetgifts."
b. "Other[LPD] officers...helppackageanddeliverthetoysifpeoplecan't
pickthemup."
c. "I writechecksmostlyto cashto buytoys with. Ido thisbecausetheyare
twopartychecksandno onewillcashthem."
d. "I write most checks to cash and cashthe checks at the bank. Ithen use
the cashto buytoys."
e. "Theonly funds used for expenses is ifour Visacard is used, then I will
writeacheckfromthefund to paymyVisabill."
f. "Presently, there is $4,042 in the fund," including $4,000 donated from
Citizen 1and 2.
8
TheVerizonWirelessiPhone Fraud
23. Soon after BUFFIS became Chiefin 2011, he arranged for the Town OfLee to
providethe LPDwithfour iPhones- oneforhimselfandthreeforotherLPDofficers.
24. RatherthandistributethethreeiPhonestohis LPDofficers,BUFFIS gavethemto
hiswifeandtheirtwochildrenfortheirownpersonal use.
25. From October 5, 2011 to August 21, 2013, BUFFIS caused the Town ofLee to
mail Verizon Wireless a series of checks totaling approximately $5,091.15 for the phones
associated with BUFFIS's wife and their two children, without disclosing to the Town ofLee
thathehaddivertedthephonesforthepersonal useofhisfamily membersratherthan forthe use
ofthe LPD.
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COUNTONE: Title 18,United StatesCode,Section 1951(a)-
ExtortionByWrongful UseOfFearAndUnderColorOfOfficial Right
TheGrandJury furthercharges:
26. The allegations contained In paragraphs 1 through 25 are realleged and
incorporatedherein.
27. On or about February 21, 2012, in Berkshire County, In the District of
Massachusettsand elsewhere,
JOSEPHBUFFIS,
defendant herein, did obstruct, delay, and affect in any way and degree commerce and the
movement ofarticles and commodities in commerce by extortion, as those termsare defined in
Title 18, UnitedStatesCode,section 1951,inthatdefendantJOSEPHBUFFISobtainedproperty
not due him and his office, from Citizen 1 and Citizen 2, with the consent ofCitizen 1 and
Citizen2, inducedby the wrongful useoffearand undercolorofofficial right.
All in violationofTitle 18, UnitedStatesCode,Section 1951(a).
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COUNTS TWO THROUGH FOUR: Title 18, United States Code, Section 1956(a)(1 )(B)(i) -
Money Laundering
The Grand Jury further charges:
28. The allegations contained m paragraphs 1 through 25 are realleged and
incorporated herein.
29. On or about the following dates, m Berkshire County, in the District of
Massachusetts and elsewhere,
JOSEPH BUFFIS,
defendant herein, knowing that the property involved in the following financial transactions
represented the proceeds of some form of unlawful activity, did knowingly conduct the following
financial transactions affecting interstate and foreign commerce, which in fact involved the
proceeds of specified unlawful activity, to wit, extortion by wrongful use of fear and under color
of official right, in violation of Title 18, United States Code, Section 1951 (a), knowing that the
transaction was designed in whole and in part to conceal and disguise the nature, the location, the
source, the ownership, and the control of the proceeds of the specified unlawful activity:
COUNT
, DATE
I
TRANSACTION
2 02/23/12 Withdrawal of $2,760.00 from the Toy Fund Account in the form
of Check No. 185 to "Cash" in the amount of $2,760.00
3 02/27/12 Withdrawal of$I,OOO.OO from the Toy Fund Account in the form
of Check No. 194 to "Cash" in the amount of $1 ,000.00
4
:
03/20/12 Withdrawal of $230.00 from the Toy Fund Account in the form of
Check No. 236 to "Cash" in the amount of $230.00
All in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i).
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COUNTSFIVETHROUGHSEVEN: Title 18, UnitedStatesCode,Section 1343 -
WireFraud
TheGrandJuryfurthercharges:
30. The allegations contained in paragraphs 1 through 25 are reaUeged and
incorporatedherein.
31. On or about the following dates, In Berkshire County, In the District of
Massachusettsandelsewhere,
JOSEPHBUFFIS,
defendantherein,havingdevisedandintendingto deviseaschemeandartificetodefraudandfor
obtaining money and property by means of materially false and fraudulent pretenses,
representations, and promises, did transmit and cause to be transmitted by means of wire
communication in interstatecommerce, writings, signs, and signalsfor the purpose ofexecuting
such scheme, to wit, the following notices to The Berkshire Eagle concerning the Edward J.
LaliberteToyFund.
COUNT I DATE WIRE COMMUNICATION
11116/09 Facsimileofnewsrelease announcingthe openingofthe ToyFund's
.2009fund drive
5
11/28/10 E-mail ofnotice announcing the first donations for the Toy Fund's
.2010fund drive
12/02111 E-mail ofnotice announcing the first donations for the Toy Fund's
:2011 fund drive I
7
All in violationofTitle 18, UnitedStatesCode,Section1343.
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COUNTSEIGHTTHROUGHELEVEN: Title 18, UnitedStatesCode, Section
1956(a)(1)(B)(i)- Money Laundering
TheGrandJuryfurthercharges:
32. The allegations contained m paragraphs 1 through 25 are realleged and
incorporatedherein.
33. On or about the following dates, m Berkshire County, in the District of
Massachusettsandelsewhere,
JOSEPHBUFFIS,
defendant herein, knowing that the property involved in the following financial transactions
representedthe proceedsofsome form ofunlawful activity, did knowingly conductand causeto
be conducted the following financial transactions affecting interstate and foreign commerce,
whichinfact involvedtheproceedsofspecified unlawful activity,towit, wire fraud, in violation
ofTitle 18, United States Code, Section 1343, knowing that the transaction was designed in
wholeand in partto conceal and disguisethe nature, the location, the source, the ownership, and
thecontroloftheproceedsofthe specifiedunlawfulactivity:
'COUNT DATE TRANSACTION
8 12/16111 Withdrawal of$975.00 from theToy Fund Accountin the form of
CheckNo. 386to"Cash"intheamountof$975.00
9 01/04112 Withdrawal of$3,000.00 from the Toy Fund Account in the form
ofCheckNo. 395 to"Cash"intheamountof$3,000.00
/10
01105/12 Withdrawalof$3,000.00cash from theKB JointAccount.
13
COUNT DATE TRANSACTION
11 01111112 Withdrawal of $325.00 from the Toy Fund Account in the form of
Check No. 182 to "Cash" in the amount of$325.00
All in violation of Title 18, United States Code, Section 1956(a)(1)(B)(i).
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COUNT12: Title 18,UnitedStatesCode,Section 1341 - Mail Fraud
TheGrandJuryfurthercharges:
34. The allegations contained in paragraphs 1 through 25 are realleged and
incorporatedherein.
35. OnoraboutAugust 1,2013,in BerkshireCounty, intheDistrictofMassachusetts
andelsewhere,
JOSEPH BUFFIS,
defendant herein, having devised and intending to devise a scheme and artitice to defraud the
TownofLee, and for obtainingmoney and property by means ofmaterially false and fraudulent
pretenses, representations, and promises, for the purpose ofexecuting such scheme and artifice
and attempting so to do, did deposit and cause to be deposited amatterand thing to be sentand
delivered by any private and commercial interstate carrier, and did knowingly cause to be
delivered by mail and suchcarrieraccordingtothedirectionthereon, andat the placeat whichit
is directed to be delivered by the person to whom it is addressed, a matter and thing, to wit,
CheckNo. 1058 payabletoVerizonWirelessintheamountof$I,013.07.
All in violationofTitle 18,UnitedStatesCode,Section 1341.
15
FORFEITUREALLEGATIONS
(Title 18, UnitedStatesCode,Sections981 and982,
andTitle28, UnitedStatesCode, Section2461(c))
TheGrandJuryfurthercharges:
1. Upon conviction ofone or more ofthe offenses alleged in Counts One, Five
through Seven,andTwelveof thisSupersedingIndictment,
JOSEPH BUFFIS
defendant herein, shall forfeit to the United States, pursuant to Title 18, United States Code,
Section 981(a)(1)(C), and Title 28, United States Code, Section 2461(c), any property, real or
personal,thatconstitutes, orisderivedfrom, proceedstraceabletosuchviolation.
2. Upon conviction ofany ofthe offenses alleged in Counts Two through Four of
this SupersedingIndictmentand Eightthrough Eleven,
JOSEPH BUFFIS
defendant herein, shall forfeit to the United States, pursuant to Title 18, United States Code,
Section 982(a)(1), any property, real or personal, involved in such violations, or any property
traceabletosuchproperty.
3. If any of the property described in paragraph 1 hereof as being forfeitable
pursuanttoTitle 18, United StatesCode, Section981(a)(1)(C), andTitle28, UnitedStatesCode,
Section 2461(c), and in paragraph 2 hereof as being forfeitable pursuant to Title 18, United
StatesCode, Section982(a)(1),asaresultofanyactoromissionofthedefendant--
a. cannotbe locatedupontheexerciseofduediligence;
b. hasbeentransferredto, soldto, ordepositedwithathirdparty;
c. hasbeenplacedbeyondthejurisdictionof thisCourt;
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d. has been substantially diminished in value; or
e. has been commingled with other property which cannot be divided without
difficulty;
itis the intention of the United States, pursuant to Title 21, United States Code, Section 853(p),
as incorporated by Title 18, United States Code, Section 982(b) and Title 28, United States Code,
Section 2461(c), to seek forfeiture of all other property of the defendant up to the value of the
above forfeitable property.
All pursuant to Title 18, United States Code, Sections 981 and 982, and Title 28, United
States Code, Section 2461 (c).
17
ATRUEBILL
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FOREPERSONOFTHEGRANDJURY
-Itid0(
STEVENH. BRESLOW
ASSISTANTU.S. ATTORNEY
DISTRICTOFMASSACHUSETTS:
ReturnedintotheDistrictCourtbytheGrand
Jurorsandfiled on aL,2014.
I
Ca.ocD.u.;L
DEPUTYCLERKOFCOURT
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