Two Massachusetts Men Charged with Invading a Private Conversation Between Two NFL General Managers

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that Joshua Barber, 20, and Nicholas Kaiser, 20, both of Plymouth, Massachusetts, were charged by criminal complaint with intentionally intercepting a wire communication and with making a telephone call without disclosing their identity with the intent to annoy or harass the person at the called number. The charges carry a maximum penalty of five years in prison, a $500,000 fine or both.

Assistant U.S. Attorney Michael DiGiacomo, who is handling the case, stated that according to the complaint, Joshua Barber telephoned the office of former Buffalo Bills General Manger Buddy Nix claiming to be Tampa Bay Bucaneers General Manger Mark Dominik. Buddy Nix answered the telephone but there was no one on the line. Defendant Barber then telephoned the office of Mark Dominik claiming to be Buddy Nix.

While Barber was on hold with Mark Dominik’s office, Nix’s office placed a call using the re-dial function to what was believed to be the office of Mark Dominik. While on hold with Dominik’s office, defendant Barber saw the incoming call from Nix. Using the conference function, defendant Barber connected Nix and Dominik without either party’s knowledge or consent. That call was subsequently recorded by defendant Kaiser. The complaint further states that after the conversation was recorded, defendants Barber and Kaiser sold the unauthorized recording to a media outlet.

The defendants will make an initial appearance on June 4, 2013 at 10:00 a.m. before U.S. Magistrate Judge H. Kenneth Schroeder.

“Under limited circumstances not relevant here, the privacy of communications—a discussion with one’s doctor, among family members and friends, between business associates, or indeed any conversation intended to be private—is the expectation of every citizen,” said U.S. Attorney Hochul. “This office will continue to enforce laws which protect the privacy of such communications.”

The criminal complaint stems from the investigation by special agents of the Federal Bureau of Investigation, under the direction of Acting Special Agent in Charge Richard M. Frankel.

The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.