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B-191891 1 (1980-06-16)

handle is hein.gao/gaobabjua0001 and id is 1 raw text is: 





  (....             UNITED STATES GENERAL ACCOUNTING OFFICE

                               WASHINGTON, D.C. 20548


OFFICE OF GENERAL COUNSEL
                                           June 16, 1980
     B-191891




  4-Mr. Peter B. Bensinger
     Administrator, Drug Enforcement
       Administration                     -
     Department of Justice
     Washington, D.C. 20537

     Dear Mr. Bensinger:

          This refers to your request that our Office relieve all accountable
     officers at the    theastetn Regional Office of the Drug Enforcement tL-Coc'
     Administration (DEA) from liability for the loss of $1,500. Upon review
     of the record, we concur that relief should be granted. In order to
     restore the account, the shortage may not be charged against the 1976
     appropriation as you propose, however, but should be charged against
     DEA appropriations currently available for the expense of the account-
     able function.

          The record indicates that between May 12 and June 11, 1976, 15
     one hundred dollar bills, out of 650 such bills in a flash roll made
     up from Imprest Fund money, were replaced by 15 counterfeit one hundred
     dollar bills. The loss was discovered when Ms. Barbara Woodard, the
     Imprest Fund Cashier, was counting the money as part of a procedure for
     returning it to the Imprest Fund after its use in an investigation.

          The controlling statutory-authority for cases involving physical
     losses by officers accountable for Government funds is 31 U.S.C. § 82a-1.
     Basically, the statute allows an accountable officer to be relieved from
     liability for the loss if our Office concurs in a finding by the head of
     the department or establishment involved that the accountable officer
     was acting in his official capacity when the loss occurred and was not
     negligent.

          In addition to the cashier, Ms. Woodard, the various DEA investigators
     who signed for the money for use as a flash roll were also, as you acknowl-
     edge, accountable officers with respect to the money while it was in their
     custody. You have made the required findings with respect to Ms. Woodard
     and all other accountable officers.

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