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B-197616 1 (1980-03-24)

handle is hein.gao/gaobabjsg0001 and id is 1 raw text is: -2 , UNITED STATES GENERAL ACCOUNTING OFFICE -p WASHINGTON, D.C. 20548 IN REPLY REFER TO: B-197616 OFFICE OF GENERAL COUNSEL March 24, 1980 The Honorable Alan Cranston United States Senate PE (e Dear Senator Cranston: f C4 This responds to your request that we review the case of Mr. George Brokaw, a District Director of the United States Customs Service, who is being held personally responsible for a net loss of $804.76 in Government funds which occurred on October 14, 1976. Mr. Brokaw has also written to us directly, ,requesting that we re- lieve him of his liability under the provisions of 31 U.S.C. § 82a-1. This serves to answer Mr. Brokaw's request also. For the reasons stated below, we are unable to consider Mr. Brokaw's request for relief. Mr. Brokaw enclosed a copy of the Customs Service file in this case along with his request. The file indicates that the funds were lost while alifssenger who worked in the Inspection and Control Di- vision, Mr. Sidney Brown, was attempting to take the funds from the Customs Inspection office to the Customshouse in San Francisco. Cus- toms Service officials have apparently decided not to attempt to re- cover the unrecovered balance from Mr. Brown who resigned in January, 1978. A memorandum dated October 31, 1979, from the Regional Commissioner indicates that the Service intends to hold Mr. Brokaw, as District Di- rector, personally responsible for the loss. The Regional Commissioner of Customs, after reviewing the report of Customs' Office of Internal Affairs and the actions taken by Mr. Brokaw and his office, determined in a letter to Mr. Brokaw that safeguards were lax and that the di- rectives issued were not followed. Because of the many discrepancies involved, we hold your office responsible for the $804.76, the uncol- lected balance. As District Director, a position which makes him ac- countable for all funds under his office's control, Mr. Brokaw was di- rected to pay the difference from his own funds. Our authority to grant relief in cases such as this one is governed by the provisions of 31 U.S.C. 82a-1. Under that statute we are author- ized to relieve an accountable officer or agent charged with responsibi- lity for the physical loss of Government funds only if the head of the officer's department or his delegee makes two determinations -- that the loss occurred while the officer was acting in the discharge of his official

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