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B-197616 1 (1981-02-24)

handle is hein.gao/gaobabjyw0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, DC 20548 L-7 /--7- Office of General Counsel In Reply Refer to: February vin J. Dorn Director, Accounting Division Office of the Comptroller U.S. Customs Service Department of the Treasury B-197616 24, 1981 F' OP L_ C) 2 _3 Dear Mr. Dorn: This is in response to your request that our Office relieve the U.S. Customs Service Regional Commissioner, San Francisco, of lia- D1_ooe bility for a shortage of $804.76 in his account, resulting from a physical loss of funds, Customs receipts in the amount of $1,084.76 disappeared on October 14, 1976, while in the custody of Mr. Sidney L. Brown, a Customs messenger. The Customs Service succeeded in recovering $280 of this amount through its recovery procedures for lost checks, and $804.76 remains uncollected. An investigation conducted by the Customs Office of Investiga- tions, San Francisco, failed to establish who took the funds. How- ever, the facts indicate that the loss was due to the negligence of the Customs messenger in leaving the receipts unattended. It is not possible to recover the money from the Customs messenger because he has since resigned and the 3-year statute of limitations has run. The delay in not proceeding against the messenger for restitution initially was due to administrative attempts to recover the missing funds trom other Customs officials. The General Accounting Office is authorized by 31 U.S.C. § 82a-1 to grant relief from liability to an accountable officer if we con- cur with determinations by the agency head that (1) the loss or deficiency occurred while the officer or agent was acting in the discharge of his official duty, or that it occurred by reason of the act or omission of a subordinate of such officer or agent, and (2) the loss or deficiency occurred without fault or negligence on the part of the officer or agent. 69/' &7/4/7 RD

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