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B-227202 1 (1989-08-14)

handle is hein.gao/gaobadnns0001 and id is 1 raw text is: The Comptroller General of the United States Washinton, D.C. 20548 Decision Matter of: Restoration of a Deficiency in a Department of Veteran Affairs Trust Account File: B-227202 Date: August 14, 1989 DIGEST Pursuant to the authority contained in 31 U.S.C. § 1552(a)(2), Department of Veterans Affairs (VA) may credit the Personal Funds of Patients Trust Account, Boston Medical Center, for a deficiency resulting from a 1979 erroneous payment from the unobligated balance of its 1979 expired appropriations because VA is liable for the loss and because under the circumstances we consider the covering of the loss a necessary expense of administering the trust account. DECISION The Department of Veterans Affairs (VA) has asked whether it may use the authority contained in 31 U.S.C. § 3530 to restore a $10,829.91 loss in the VA Boston Medical Center's Personal Funds of Patients Trust Account (hereafter referred to as the trust account) with appropriated funds. Although section 3530 is not available to restore the trust account under the factual situation presented, the loss may be restored under other authority discussed below. BACKGROUND The VA Boston Medical Center administers a Personal Funds of Patients Trust Account for the convenience of patients admitted to the Center. See 38 U.S.C. § 3204. Patients may deposit their funds in the account for safekeeping and withdrawal of funds as needed. A VA employee serves as agent cashier of the trust account. In April 1979, Mr. Dennis Torris, a patient at the Center, fraudulently obtained a State of Illinois retirement check for $11,479.91, payable to Mr. Richard M. Peterson. Mr. Torris fraudulently endorsed the check as Richard M. Peterson and changed his Medical Center wrist-band identification to read Richard M. Peterson. While impersonating Mr. Peterson and displaying his false wristband identification, Mr. Torris convinced Mr. Viega, & ,35/

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