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B-198457 1 (1981-02-26)

handle is hein.gao/gaobabjyx0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, DC 20548 Peter B. Bensinger Administrator, Drug Enforcement Administration United States Department of Justice Washington, D.C. 20537 nfficeo s General Counsel InReply B-198457 ,J1 26, to: Dear Mr. Bensinger: This responds to your request that the estate of Special Agent/Pilot James T. Lunn be relieved of liability for repayment of the unvouchered balance of funds advanced to him, and that the Drug Enforcement Administra- tion (DEA) be authorized to charge its appropriation accordingly. You report that Agent Lunn died in the crash of a Government aircraft on May 14, 1976, while serving as a pilot on special assignment for DEA in Mexico. The record shows that Agent Lunn had funds advanced to him in the amount of $13,300 for the assignment, to provide cash for fuel and mainte- nance of the aircraft. Your report further indicates that Agent Lunn was seen placing a substantial amount of cash in his flight bag, which he car- ried aboard the aircraft on the morning of the crash. After the fatal crash, the aircraft and all its contents were burned beyond recognition, reportedly making it impossible to identify or recover the funds. Vouchers have been processed to account for all but $5,715.13 of the original $13,300 advance. You have concluded that Agent Lunn evidently had the unvouchered $5,715.13 balance with him at the time of the crash, and re- quest that his estate be relieved of liability for repayment of said amount. This Office is authorized to grant relief from liability to accountable officers for the loss of funds entrusted to them. Section 82a-i of Title 31, UziitedStates Code (1976i, basically allows an accountable officer to be re- lieved from liabfity for a loss if our Office concurs in findings by the head of the department or establishment that the accountable officer was act- ing in his official capacity when the loss occurred, and that the proximate cause of the loss was not his negligence. You have made the required find- ings. An examination of your findings in light of the statutory requirements indicates that the requested relief is appropriate in this case. /,-4 5 LP

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