"This demonstrates no one is above the law, even if it is a fellow member of law enforcement we are going to pursue it," Berkshire District Attorney David Capeless said.
Updates a story posted Thursday at 12:06 p.m.
SPRINGFIELD — Following a nearly year-long joint FBI and Massachusetts State Police investigation, Assistant U.S. Attorney Stephen Breslow filed four criminal charges against Lee Police Chief Joseph Buffis at federal district court in Springfield Thursday alleging he extorted $4,000 from two people facing prostitution-related charges.
Buffis' attorney says he is innocent.
Buffis was charged with three counts of money laundering and one count of extortion by use of fear based on his office. A court date has not been set.
A statement from the U.S. Attorney's Office said: "It is alleged that in February 2012 Buffis, 55, of Pittsfield, acting in his official capacity as Lee Police Chief, extorted a $4,000 'donation' from two individuals who were facing prostitution-related charges.
"The 'donation' was made payable to the Edward J. Laliberte Toy Fund, a holiday toy fund that Buffis controlled. Buffis deposited the $4,000 check into the Toy Fund's bank account and quickly withdrew $3,990 which he then deposited into a joint bank account that he operated with his wife. The diverted money was then used to pay for various personal expenses. Buffis is alleged to have lied to law enforcement about the disposition of the funds."
Contacted Thursday, Lee Town Administrator Robert Nason said: “This is the first I have heard of it.” Nason said he would need to review the court documents before commenting.
A official at the Lee Police Department said Buffis is on vacation.
The police official said the chief had not set up his voice mail to accept telephone messages. Calls placed to Buffis’ cell telephone were not returned.
Buffis' attorney, Lori Levinson, said in a telephone interview, “Chief Buffis has done absolutely nothing wrong. He has enjoyed a long and unblemished career in law enforcement. We are confidant that at the end of the day he will be cleared of any wrongdoing.”
The criminal indictment of Buffis stems from a January 2012 sting intended to address reports of prostitution at a local inn, court documents show.
In the indictment, two people targeted in that sting are identified as Citizen 1 and Citizen 2.
“While the Lee Police Department and state police did not arrest anyone on that date, Buffis informed the Berkshire Eagle that Citizen 1 and Citizen 2 had been arrested on prostitution-related charges,” court documents show. “The Berkshire Eagle reported the arrests … which caused Citizen 1 and Citizen 2 emotional distress and resulted in lost business for the inn.” The indictment does not name the individuals nor disclose which inn.
The indictment says Lee police sought criminal complaints against the two at Southern Berkshire District Court located in Great Barrington.
According to the government, Buffis drafted a secret deal with the two suspects.
The Lee police chief allegedly promised the two that if they paid him $4,000 “as a voluntary donation in lieu of criminal fines or civil forfeiture action” – supposedly for the toy fund -- the pending complaint against them involving prostitution would go away, the indictment says.
As part of the Buffis deal with the two, according to the indictment, the police chief had them agree that “none of the parties would disclose the outcome of the proceedings” -- and the pair “would be barred from bringing a civil or criminal action against the Town of Lee or its employees.”
Buffis did this at the courthouse, according to the prosecutor, just before the probable cause hearing that was to take place at Southern Berkshire District Court on February 21, 2012.
U.S. vs. Joseph Buffis Indictment by masslive
The indictment states that at the probable cause 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, and d] the Lee Police Department did not intend to proceed with any charges. Accordingly, the Clerk Magistrate did not issue any criminal complaints against Citizen 1 and Citizen 2.”
That action resulted in Buffis being charged with extortion. Because money went from the toy fund account to his personal bank account, he is charged with money laundering.
The indictment says Buffis “made false statements” to state police and “obstructed” the investigation -- involving “the disposition of the ‘donation’” and that he and his wife spent the money at a liquor store and a hardware store.
Berkshire District Attorney David Capeless was asked why the U.S. attorney’s office is prosecuting the case – instead of his office -- and why the FBI led the investigation.
“We were concerned about maintaining a good working relationship with Lee police while prosecuting the chief; so we spoke with the FBI and asked them to lead the investigation,” Capeless said.
Capeless also said that Buffis had initially asked for assistance from the state police crime unit overseen by the district attorney regarding the prostitution allegation at the inn.
“Then task force members heard” the prosecution by Lee police suddenly ended, Capeless said. “We became alarmed and began to look into it.
“This demonstrates no one is above the law,” Capeless added. “Even if it is a fellow member of law enforcement we are going to pursue it. I was very concerned a charge as serious as prostitution was being scuttled.”
Capeless said it is for selectmen to decide what to do with Buffis while the case winds its way through court.
State Rep. William “Smitty” Pignatelli, D-Lenox, whose district includes Lee, said: “I find it unfortunate. I have known the chief and his family a long time. It is certainly not a reflection of the good work the police in Lee does on an ongoing basis. We have to see how it plays out. It is going to run its course and whatever will be will be.”
Contacted Thursday afternoon, lifelong Lee resident Bill Navin, 65, said he had just heard about the matter watching it on a New York television station.
“Personally, knowing him and his family, it is very, very, very hard to believe,” Navin said.
“I have had a lot of dealings with Joe. Everybody’s loves him. But on another note, there is a lot of turmoil in the police department.”
Navin works as a security officer at a local company, and frequently attends the Tuesday night selectmen’s meetings. He often speaks to them.
“It’s devastating to the community, to everybody. A lot of people are depressed over it,” Navin added. He is a town meeting member
Deidre Consolati, who is also a town meeting member, stated: “Leaders in the town of Lee seem to have forgotten their responsibilities to the townspeople. The secrecy in Lee government has now come to an end. We want accountability, big time.”
The U.S. attorney’s office has asked those who have donated cash or toys to the Edward J. Lalilberte Toy Fund or who have applied to the fund to contact the FBI Springfield office at (413) 732-0159. Anyone who has questions or concerns regarding this matter should call.