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B-201150 1 (1983-01-18)

handle is hein.gao/gaobadkvi0001 and id is 1 raw text is: 
                                    IL4
                    EC I        THE COMPTROLLER OENERAL
  DECISION         l\    I     OF THE UNITED            STATES





  FILE: B-201150                       DATE: January 18, 1983

  MATTER OF: Consideration of Claim to Proceeds of American Club,
                 Inc. Award

  DIGEST: Claimant cannot be awarded part of the proceeds of a
            Foreign Claims Settlement Commission award to the Ameri-
            can Club of Shanghai when supporting affidavits and
            assertions of former Club President and member of the
            Club's Board of Directors do not provide sufficient
            corroboration of claim.

     The Treasury Department asks whether Mr. Theodore Okoune is
entitled to a share of a Foreign Claims Settlement Comission award
to the American Club, Inc. discussed in B-201150, May 13, 1981 and
December 1, 1981. For the reasons given below we do not think
Mr. Okoune entitled to a part of that award at this time.

     Aside from his statement in support of his claim, Mr. Okoune has
submitted to Treasury affidavits of Ms. Josephine Okoune, his wife,
and Mr. Robert Saltzer, a friend. In his affidavit Mr. Okoune states
that many years ago he had applied to the French Government for com-
pensation for his losses in China, including those pertaining to
American Club debentures in the amount of CN $55,000 (CN: Chinese
taels). The French Government refused to pay, however, and attempts
to locate the documents pertaining to the debentures were unsuccess-
ful. Mr. Okoune also states that the amount claimed by him was the
same as that earlier claimed by his sister Ms. Isabelle Okoune
Alcone. In B-201150, December 1, 1981, we found that an award could
be made to Ms. Alcone in an amount proportionate to her debenture
holdings of CN $55,000.

     In support of her husband's claim, Ms. Josephine Okoune asserts
that she recalls her father-in-law disappointing her by giving her
husband some American bonds as a wedding anniversary gift instead of
money or jewelry. She remembers her husband conrventing at the time
that $55,000 was not a bad present. Mr. Saltzer states that he re-
calls Mr. Okoune mentioning that he had sent the French GoverIment
documents (bonds) for the American Club for which he never was
reimbursed and that he was upset after making several unsuccessful
attempts to get them back. He also remembers Mr. Okoune mentioning
that Ms. Alcone had the same amount of bonds.

     To corroborate Mr. Ckoune's assertions we communicated with
Mr. Norwood F. Allman, former President and member of the Board of
Directors of the American Club, and both trustee on all American Club
debentures submitted to Treasury and for the Club before the Foreign
Claims Settlement Commission. Mr. Allman informed us that (1) both

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