Mass. Men Charged in Buddy Nix Phone Call Prank Appear in Court

June 4, 2013 Updated Jun 4, 2013 at 6:56 PM EDT

By Kyla Igoe

June 4, 2013 Updated Jun 4, 2013 at 6:56 PM EDT

BUFFALO, NY (WKBW) -Two Plymouth, Mass. men charged with intentionally intercepting a wire communication appeared in federal court Tuesday. Prosecutors say 20-year-old Joshua Barber and 20-year-old Nicholas Kaiser called the office of former Buffalo Bills General Manager Buddy Nix in March claiming to be Tampa Bay Buccaneers General Manager Mark Dominik.
Nix answered the telephone but there was no one on the line. Barber then called the office of Dominik claiming to be Nix.
While Barber was on hold with Dominik's office, Nix's office placed a call using the redial 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, Barber connected Nix and Dominik without either parties knowledge or consent. That call was subsequently recorded by Kaiser. The complaint further states that after the conversation was recorded, Barber and Kaiser sold the unauthorized recording to the website for $200.

Kaiser's attorney claims his client was helping his friend (Barber) get a chance to try-out out for the Buffalo Bills, since Barber aspired to play for an NFL team.

"It was more like Mr. Barber has an aspiration to play professional football and even though he lives in Boston his favorite team is the Buffalo Bills," said Kaiser's Attorney Rod Personius. "His hope was to get a try out with the team."

If convicted, Barber and Kaiser face a maximum penalty of five years in prison, a $500,000 fine or both. They've pled not guilty to the charges and have been released until their next court date on August 30th.