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B-288163 1 (2002-06-04)

handle is hein.gao/gaocrptaobb0001 and id is 1 raw text is: 




          GAO
,Accountability * Integrity * Reliability
United States General Accounting Office
Washington, DC 20548


          B-288163



          June 4, 2002

          Leonidas Ralph Mecham
          Director, Administrative Office
          of the United States Courts
          One Columbus Circle, N.E.
          Washington, D.C. 20544
          Subject: Relief from Liability for Erroneous Payment from United States
                  Bankruptcy Court's Registry Fund

          Dear Mr. Mecham:

          This responds to your request that we grant relief from liability for an improper
          payment of $1,369.83 from the registry funds of the United States Bankruptcy Court
          for the District of Alaska. Your request sets forth your findings that the erroneous
          payment was not the result of negligence and that the court diligently attempted to
          recover the money. You also indicate that in the event relief from liability is granted
          you intend to restore the funds to the court's registry fund account from appropriated
          funds for the operation of the Judiciary. For the reasons stated below, we grant relief
          to both the clerk of the court, Wayne W. Wolfe, and the chief deputy clerk of the
          court, Jamilia A. George, and we concur in your proposed restoration from available
          appropriations.

          Background

          In 1986, the Bankruptcy Court had before it a case involving Pingo Corporation. In
          November 1986, Harvey J. Bell wrote to the court on two occasions asserting that he
          was owed back wages from Pingo and demanding payment in the amount of
          $1,906.50. By letter of November 30, 1986, the clerk of the bankruptcy court wrote to
          Harvey J. Bell stating that at that stage of the bankruptcy the court could not require
          payment of the wages allegedly owed him. Harvey J. Bell's claim for wages was
          placed in the case file, but the court took no further action on it at that time. The
          unclaimed funds relating to Pingo were deposited in an external registry fund
          account in 1992. The unclaimed funds report filed by the trustee, which included a
          list of creditors and the amount of each creditor's entitlement, was kept with the
          clerk's financial records, separate from the case file containing the original claims.
          The unclaimed funds report included the name Harvey Bell, with no middle initial, on

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