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B-198582 1 (1980-08-27)

handle is hein.gao/gaobabjvt0001 and id is 1 raw text is: 




        7                UNITED STATES GENERAL ACCOUNTING OFFICE
                                WASHINGTON, D.C. 20548


      OFFICE op GENERAL rOUNSEL           August 27, 1980

             B-198582    7


             The Hnorable Robert E. Chasen
             Commissioner of Customs
             U.S. Customs Service
             Department of the Treasury

             Dear Mr. Chasen:

                  This is in response to a letter from Mr. Ralph E.
             Crews, Acting Director, Accounting Division, Office of
             the Comptroller, U.S. Customs Service (ref. FIS-4-12-
             AAO RCM), requesting that relief from liability be
             granted to the Regional Commissioner of Customs, New
             York, for a deficiency of $661.44 in his account. For
             the reasons that follow, relief is granted.

                  The record indicates that on August 19, 1977,
             Mr. Rudy Chiodo tendered a check at JFK Airport drawn
             on the account of Scientific Instruments Corporation
             in the amount of $661.44, for the payment of certain'
             Customs penalties. The bank on which the check was
             drawn, CIT National Bank of North America, Yonkers,
             New York, dishonored the check due to insufficient funds.
             Consequently, a debit voucher was issued, and an investiga-
   ~tion was conducted, without success, to locate-the drawer
             and to obtain restitution.


                  While a lookout was established at all Customs loca-
             tions, the investigation was terminated and the claim
             closed as uncollectible. It is the apparent practice of
             the Customs Service to hold Regional Commissioners
             responsible for collection accounts, including defi-
             ciencies in those accounts due to non-payment of checks
             received.

                  The General Accounting Office is authorized by 31
             U.S.C. § 82a-1 to grant relief from liability to an
             accountable officer upon its concurrence with determina-
 '           tions 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 a sub-
       I     ordinate of the officer or agent, and (2) the loss or

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