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New York City Comptroller William C. Thompson, Jr. today issued an audit detailing several flaws in the computer systems used to track assignments and payments for attorneys representing indigent persons charged with crimes in the New York City courts.

The audit reviewed the reliability of data both the Office of the Assigned Counsel Plan (ACP) computer systems: the Fox Pro system and the 18-B Web system.  

“Our audit found the FoxPro system lacked adequate data controls and functionality, making it difficult to ascertain whether attorneys overbilled or double-billed ACP for their services,” Thompson said.

Thompson’s audit – which can be viewed at www.comptroller.nyc.gov – also found a number of instances in the 18-B Web system where data was incorrect and certain mandatory data fields were left blank, which could have an effect on the reliability of the system.

“Although agency officials informed us that FoxPro system had been fully integrated into the more reliable 18-B Web system on June 1, 2008, this integration was completed months behind schedule,” Thompson added. “Furthermore, ACP has also failed to implement a data purification system, which would ensure that all inadequate data is corrected before it is transferred into the 18-B web system.”

Otherwise, the audit found that the 18-B Web system generally has adequate controls in place to manage assignment and scheduling of attorneys while ensuring that the voucher payment process is generally reliable.

The Assigned Council Panel is an organization of court-approved attorneys who provide representation to indigent persons charged with crimes in New York City courts. The Panel is authorized by Article 18-B of the New York State County Law and funded by New York City. ACP reports to the Office of the Criminal Justice Coordinator, which is responsible for managing the Panel and a roster of investigators and other experts.

In order to be paid by the City for their work, Panel members and experts must submit vouchers to the court that detail the nature of the professional services rendered and the time expended.

Under this system, attorneys assigned by the court to act as counsel are paid by the City at a rate provided in § 722-b of Article 18-B – $75 per hour for in-court and out-of-court services performed on family court cases and $60 per hour for in-court and out-of-court services on misdemeanor criminal court cases.

Article 18-B also contains guidelines for hourly rates of compensation for expert witnesses ranging from $30 to $200. Furthermore, panel members are allowed to charge up to a maximum of $4,400 for felony cases, $2,400 for misdemeanor cases, and $1,000 for expert witnesses and other services.

In 1993, the Deputy Mayor’s Office for Public Safety created a computerized system – known as FoxPro System – in order to improve controls over vouchers, create an audit trail, and maintain an updated roster of attorneys, among other functions.

In 2003, ACP developed an in-house Web-based application, the 18-B Web system, to improve the process of assigning attorneys while streamlining voucher submission and processing, and to improve the system’s capacity to further prevent fraudulent claims from being submitted and paid. ACP planned to integrate the FoxPro system into the 18-B Web system by March 2008.

“There are still internal control weaknesses within the 18-B Web system in regard to future billing dates and mandatory data fields that are allowed to be left blank,” Thompson said. “ACP must do more to improve the integrity, reliability, and completeness of the information found in these systems. Without implementing further measures, there remains the potential for duplicate, inaccurate, and fraudulent payments.”

Thompson made seventeen recommendations as a result of the audit, including that ACP should: Create a system control that ensures that future-date activities are not paid prior to the actual work being completed to prevent the potential for overbilling or double-billing.

• Ensure that prior to payment, judges’ approvals and attorneys’ affirmations specifying the time and billable services for all cases exceeding the standard rates and maximum limits are received by ACP staff.
  
  
• Develop a data purification plan that ensures that all inadequate data is corrected before it is transferred into the 18-B Web system.
  
• Ensure that the 18-B Web system will provide all the functions that should be available to users, specifically, the capability to identify overbilling and overlapping vouchers.

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