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B-197324 1 (1980-03-07)

handle is hein.gao/gaobabjrw0001 and id is 1 raw text is: /70 - GAO United States General Accounting Office Washington, DC 20548 Mr. Calvin J. Dorn, Director Accounting Division Office of the Comptroller The Department of the Treasury Washington, D.C.* 20026 a 'l Office of General Counsel. In Reply Referto: B-197324 JjR VSO V Dear Mr. Dorn: . 4 Fen ,ry -Ij This is in response to your request that our ffice relieve the Regional Commissioner of Customs, Miami -, Florida, of liability for the loss of $750.80 in his account, resulting from an uncollectible debit voucher, number 78-324. The shortage of $750.80 resulted from two personal checks drawn on the Republic Bank & Trust Co., Charlotte, North Carolina, being accepted by a customs officer at San Juan Airport, Puerto Rico, on August 26, 1978, from a person falsely claiming to be Debra M. Dry. One check for $50.80 was for payment of duties and the other, in the amount of $700, was for payment of penalties assessed for failing to declare merchandise. The checks were dishonored and returned by the bank due to unauthorized signatures. An investigation revealed that Debra Dry's checkbook and credit cards had been stolen in August 1978, and that she was not the person who issued the checks. According to your letter, the checks were accepted in accordance with Title 19, Code of Federal Regulations, Section 24.1(a)(4), which requires only that Customs employees request sufficient identification to verify the identity and signature of the person tendering a check. You concluded that this requirement was met by the Customs employee accepting the check, and you determined that there was no fault or negligence on his part. The General Accounting Office is authorized by 31 U.S.C. § 82a-1 to grant relief from liability to an accountable officer only upon its concurrence with determinations by the department or agency head that (1) the loss or deficiency occurred while the officer or agent was acting in the discharge of his official duties, or that it occurred by reason of the act or omission of or subordinate of the officer or agent, and (2) the loss or deficiency occurred without fault or negligence on the part of the officer or agent. 00 q SIP () Z

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