About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-195126 1 (1980-01-17)

handle is hein.gao/gaobadhxg0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL DECISION OF THE UNITED STATES . VWASHINGTON. 0.C. 20548 FILE: B-195126 DATE: January 17, 1980 MATTER OF: Richard B. Sanders DIGEST:1. Postal Service has determined that evidence as to loss of registered items meets the standards of Boerner v. United States 117 F. 2d 387 (2d Cir. 1941), establishing employees'liability for value thereof, i.e.,the individual was caught committing similar offense, he had access to items in question, and there is absence of indication any other employee might have committed theft. Employee's mere categorial denial of liability does not overcome the prima facie case. 2. Civil Service retirement funds may be applied in liquidation of an employee's indebtedness to the United States under the procedure set forth in. Federal Personnel Manual Supp. 831-1, subch. S19. Where an amount otherwise due a former employee has been withheld as setoff to liquidate his indebtedness to the United States without the amount of the indebtedness having been found due in a court proceeding, the former employee may institute suit for recovery of the amount withheld if he believes such withholding was improper. Harold Mendelow, Esquire, attorney for Mr. Richard B. Sanders, a former employee of the United States Postal Service (Postal---6 Service) asks that we review the setoffof money from MT-.--San-d-e-rs' Civil Service retirement fund account The Postal Service has determined that Mr. Sanders is indebted to the Government in the amount of $25,277 which represents the amounts paid by the Postal Service in indemnity claims for losses of registered mail to which he had access incident to his employment. The documentation submitted shows that Mr. Mendelow has been advised by the Postal Inspector in Charge, Atlanta, Georgia, that a number of registered items were received at the Miami, Florida Post Office which were never dispatched, and that Mr. Sanders was caught stealing registered mail from the Registry Cage at the time of his arrest on February 9, 1977. The Postal Inspector in Charge states that on the basis of a check of Mr. Sanders' time records, it has been determined that he had access to each of the losses in question.,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most