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B-209758 1 (1983-01-17)

handle is hein.gao/gaobachia0001 and id is 1 raw text is: 



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


Sof GENERA- COUNSEL


  B-209758                                       January 17, 1983

  The Honorable Roger W. Jepsen
  united States Senate

  Dear Senator Jepsen:

      This is in response to your telephone inquiry of January 13, 1983, about
 the roper disposition of funds recovered in the case of United States v.
         I   L       .As you kncw, this case arises from the embezzlement of
 funds from the Federal Election Comission.

      By letter of today, copy enclosed, we have informed the Justice Department
 attorney handling this case that recoveries are for deposit to the relevant fis-
 cal year 1982 Camrission appropriation account and may be used to liquidate obli-
 gations properly incurred before the embezzlement was discovered. In this
 connection, the Comnission has informed us that its only outstanding unliquidated
 obligation is for approximately $43,000 owed to the District of Columbia unemploy-
 ment fund.

      Our position, which we understand is also held by the Office of Management
 and Budget and the Department of the Treasury, is based on the definition of
 refund set out in Title 7 of the GAO Policies and Procedures Manual for the
 Guidance of Federal Aencies. That definition provides for refunds of erroneous
 disbursements to appropriation accounts.

      If you or your staff wish to discuss this matter further, please call me
 at 275-5207.

                                           Sincerely yours,




                                           Harry R. Van Cleve
                                           Acting General Counsel


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