Review of Attorney Foss’ Behavior while a Suffolk County Prosecutor Finds Troubling, but not Criminal, Behavior

BOSTON, April 15, 2021 — An independent investigation of the alleged actions of a former assistant district attorney during his tenure with the office from 2008 to 2016 found Adam Foss’ behavior with young adult women interns was troubling and violated expectations regarding the behavior of employees, but did not constitute criminal conduct.

Last November, a number of women alleged in print and online that Foss, a former Suffolk County District Attorney’s Office (SCDAO) employee, engaged in behavior that ranged from inappropriate and an abuse of his authority, to unethical and criminal. Although Foss left SCDAO three years before she assumed office, District Attorney Rachael Rollins engaged Goodwin Procter to investigate the allegations once she learned of them. The expansive scope of the external review included whether: there were allegations or evidence that Mr. Foss engaged in any such alleged conduct during his tenure at SCDAO; and SCDAO had relevant policies and procedures to protect interns and staff from sexual harassment and misconduct in place back then, as well as now.

“In sum, our investigation did not reveal evidence of any per se violation of any law, formal SCDAO policy, or ethical rules by Mr. Foss during his tenure as an ADA,’’ attorneys Roberto M. Braceras and Jennifer L. Chunias, who led the Goodwin Procter investigation, wrote in an April 14 letter to DA Rollins. “That being said, our review identified evidence that Mr. Foss engaged in concerning conduct with at least two female Office interns and students that violated informal SCDAO expectations and norms.”  The former SCDAO leadership in place during Mr. Foss’ employment, maintains that they were never made aware of his misconduct pertaining to women inside or outside the Office, prior to the allegations that surfaced in late 2020. Those allegations led to DA Rollins retaining us to conduct this review, explained the attorneys. “Our investigation likewise did not identify any evidence that the Office’s then senior management team failed to respond to any allegation of misconduct by Mr. Foss during his tenure.”

“All of the women who brought their experiences to light -  sharing intimate details of deception, coercion, manipulation, and even sexual assault - exhibited tremendous courage,” said DA Rollins. “Much of the behavior alleged occurred outside of Suffolk County and it is my understanding that at least one other investigation is ongoing.”

Enhancing professionalism and supporting staff were key goals for DA Rollins when she took over the office in January 2019. In the Spring of 2020, well before the allegations arose, DA Rollins directed her diverse executive leadership team to conduct a review and revamp of the office’s HR policies and procedures.  That  review, while ongoing, has already led to the updating of the office’s sexual harassment policy, the creation of a new protocol that centralizes and codifies all internship hiring and supervision, and the introduction of a new onboarding process that explains to every SCDAO staff member, on their first day, the office’s policies that support a safe, welcoming, and inclusive workplace and the DA’s high standards for ethical and professional behavior.  A new HR manual, incorporating enhanced reporting and compliance procedures, is in its final stages and a training on that manual has already been scheduled.

The April 14 letter to DA Rollins says “we have made certain recommendations regarding potential enhancements to certain legacy SCDAO policies, compliance reporting procedures, and employee training, to ensure that they appropriately address the key areas of risk identified through our investigation. We understand that enhancements to these legacy policies and protocols were already underway immediately prior to the initiation of our investigation.”

The letter notes the Office and DA Rollins were cooperative and did not limit the review in any way. The investigation  involved confidential interviews with 28 people and targeted searches of a vast collection of electronic documents. While DA Rollins and the Goodwin attorneys have released the letter, the investigative report remains confidential to protect the privacy of those individuals who came forward during the investigation. “Victims always have a right to tell their own stories and should be given the opportunity, empowerment, and respect to control their narrative. This is not SCDAO’s story to tell. I want to explain the process and scope of the investigation, that we took the allegations very seriously and that we have already, or are now putting in place policies, protocols and procedures to ensure that the troubling behavior reported cannot happen again,” said DA Rollins. DA Rollins said she is acutely aware there could be other victims who “may not want to, or be ready to, disclose encounters or harm yet, if ever. Everyone experiences trauma differently. Everyone heals differently. That Mr. Foss’ behavior in Suffolk County was not ‘criminal’ is of no solace to the women his conduct impacted and harmed. As the leader of this Office, I want to personally apologize for your experience here. You did not deserve the treatment you were subjected to.  It was unprofessional and not appropriate,” said DA Rollins. “Survivors deserve immediate access to supports and resources for their recovery. There are organizations and people who can help. Whether internally or through our partner agencies, there are a wide variety of supports and services available to anyone experiencing or struggling with the impacts of sexual harassment or sexual assault.  Charlene Luma, the Chief of Victim Witness Assistance, is available to make those connections and can be reached at Charlene.Luma@mass.gov or 617-619-4173.”

Sexual assault can happen to anyone. While the victims of any crime are asked to call 911 in an emergency, survivors of sexual violence can also call their local rape crisis center for free and confidential services and to discuss their options.

Support is available for all survivors of sexual violence, regardless of whether they wish to take part in a criminal prosecution. Services by city and town can be found at www.janedoe.org/find_help/search.

In Suffolk County, the Boston Area Rape Crisis Center offers a free and confidential 24-hour hotline at 800-841-8371. The Boston Area Rape Crisis Center provides medical accompaniment and many other free services to victims of rape and sexual assault.

Suffolk County District Attorney Rachael Rollins’ office serves the communities of Boston, Chelsea, Revere, and Winthrop, Mass. The office handles over 25,000 cases a year. More than 160 attorneys in the office practice in nine district and municipal courts, Suffolk Superior Court, the Massachusetts Appeals Court, the Supreme Judicial Court, and the Boston Juvenile Courts. The office employs some 300 people and offers a wide range of services and programs to serve anyone who comes in contact with the criminal justice system. This office is committed to educating the public about the services we provide, our commitment to crime prevention, and our dedication to keeping the residents of Suffolk County safe.