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B-259065 1 (1995-12-21)

handle is hein.gao/gaocrptabzf0001 and id is 1 raw text is: Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Judgment Fund and Law Enforcement Seizure Claims File: B-259065 Date: December 21, 1995 DIGEST 1. As a general principle, the Judgment Fund, 31 U.S.C. § 1304, is available to pay monetary awards arising from the government's failure to return seized property or to return such property in good condition. The fact that a court orders an award in response to a request for the exercise of equitable authority does not render the Judgment Fund unavailable to cover the award. 2. This Office will certify for payment from the Judgment Fund, 31 U.S.C. § 1304, litigative awards under the Federal Tort Claims Act, 28 U.S.C. ch. 171, that arise from seizures of property by law enforcement officials, as described in 28 U.S.C. § 2680(c), and are referred by the Department of Justice. 3. Litigative awards against the United States for the return of cash (or other property converted to cash) credited to the Justice Department's Asset Forfeiture Fund, 28 U.S.C. § 524, must be paid from that fund, not from the Judgment Fund, 32 U.S.C. § 1304. DECISION This decision addresses the use of the Judgment Fund, 31 U.S.C. § 1304, to pay litigative and administrative awards arising from the loss of cash or the loss or damage to personal property while in the government's custody as a result of law enforcement activities.1 The typical factual setting of the awards before us involved loss of or damage to cash or property seized by law enforcement officers. These seizures were incident to the arrest and detention of a person suspected or convicted of violating the law, or because the property was forfeited as the fruit of criminal activities, or because law enforcement officers regarded the property as 'This decision responds to inquiries from the Torts Branch of the Justice Department's Civil Division, the Executive Office for Asset Forfeiture (EOAF), the Drug Enforcement Administration (DEA), the Customs Service, and the Office of the United States Attorney for the Eastern District of New York. 3331127

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