Two Massachusetts Men Who Recorded a Private Conversation Between Two NFL General Managers Enter into Pre-Trial Diversion Agreements

BUFFALO, NY—U.S. Attorney William J. Hochul, Jr. announced today that a resolution has been reached involving charges against two Massachusetts men charged with invading a private conversation between two NFL general managers.

Assistant U.S. Attorney Michael DiGiacomo, who handled the case, stated that on Joshua Barber and Nicholas Kaiser, both 21, of Plymouth, Massachusetts, intercepted a telephone conversation between former Buffalo Bills General Manger Buddy Nix and Tampa Bay Bucaneers General Manger Mark Dominik during which they discussed a number of private matters.

On May 20, 2013, Barber and Kaiser were charged by criminal complaint with intentionally intercepting a wire communication between private parties and with making a telephone call without disclosing their identities with the intent to annoy or harass the person at the called number. According to the criminal complaint, the defendants not only gained access to and intercepted the private conversation between the two General Managers, they also recorded it and sold it for $150 to a particular outlet. The private, recorded conversation was later made public.

The pending charges were resolved by the defendants entering into pre-trial diversion agreements with the government. Under the terms of the diversion agreement, Barber and Kaiser must abide by certain terms and conditions for the next 18 months. If the defendants fail to comply with the diversion agreement, the charges could be reinstated by the government. Those involved in this case supported the diversion disposition agreed to by the government.

The resolution is the culmination of an investigation by special agents of the Federal Bureau of Investigation, under the direction of Special Agent in Charge Brian P. Boetig.