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B-255042.2 1 (1995-07-17)

handle is hein.gao/gaobacwsw0001 and id is 1 raw text is: 


            United States
GAO         General Accounting Office
            Washington, D.C. 20548

            Office of the General Counsel



            B-255042.2

            July 17, 1995



            Mr. George  Strader
            Deputy  Assistant Secretary for Finance
            Department  of Health and Human  Services

            Dear  Mr. Strader:

            This responds to your request, dated December 15, 1994, that we relieve Mr. Frank
            Claunts, Financial Management Officer, Division of Financial Management (DFM),
            Food  and Drug Administration (FDA), Department of Health and Human  Services
            (HHS),  from liability for $25,559 in fraudulent payments disbursed by the Parklawn
            Headquarters Imprest Fund  (HQIF). For reasons stated below, relief is granted.

            From  September  18, 1991 to January 22, 1992, on 33 separate occasions, Ms. Vicky
            Renee  Jeter, a former FDA employee, submitted a total of 65 falsified Travel
            Vouchers  and Advance of Funds Applications to the Parklawn HQIF and
            fraudulently obtained $25,559 in advance payments. On January 21, 1992, FDA
            discovered the fraudulent travel payments during a routine mailing to collect
            overdue  advances from FDA  travelers with outstanding balances. Ms. Jeter was
            arrested on January 27, 1992, while attempting to fraudulently obtain another
            advance  of travel funds. She was sentenced on July 1, 1992, to 17 months in jail
            and  3 years of supervised probation. No restitution was ordered during her
            sentencing and the FDA  has no prospects of recouping the funds from her.

            In October, 1994, we granted relief to the three cashiers involved in this case.
            B-255042, Oct. 28, 1994. However, we suspended the running of the statute of
            limitations, pursuant to 31,U.S.C. § 3526(g), with regard to Mr. Claunts, the
            supervisory disbursing official in those name the Parklawn HQIF was held. Under
            31 U.S.C. § 3527(c), we may relieve a disbursing officer from liability for a
            deficiency resulting from an improper payment if we determine that the payment
            was  not the result of bad faith or lack of reasonable care by the disbursing official.
            62 Comp.  Gen. 476, 478 (1983); B-248517, Oct. 29, 1992. The good faith and
            reasonable care of a supervisory disbursing official is shown by evidence that the
            supervisor maintained adequate procedures and controls to avoid errors and
            safeguard the funds, and took steps to ensure the system's implementation and

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                           C) (P  410/15Wo3/

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