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B-201840 1 (1981-04-06)

handle is hein.gao/gaobabjzw0001 and id is 1 raw text is: 




GAO--7                                                    5
United States General Accounting Office                      Office of
Washington, DC 20548                                         General Counsel
                                                             In Reply
                                                             Refer to: B-201840

                                       April 6, 1981

 Mr. William E. Foley q
 Director, Administrative Office
   of the United States Courts                                 /

 Dear Mr. Foley:     . --/.5--    / ,#          ',         ,, /            

      This is in response to your letter of January 14, 1981, requesting
 that the El Paso divisional office of the United States District Court
 for the Western District of Texas be relieved of liability for a loss or
 theft of $1,000.

      The record indicates that between October 1 and October 7, 1976,
 the divisional office incurred a $1,000 shortage that was discovered by
 court personnel preparing the bank deposit for October 8, 1976. The
 monetary receipts for the week in question totaled $14,915.35, whereas
 the actual monies on hand amounted to only $13,915.35, creating the
 $1,000 variance. The El Paso divisional office made deposits once a
 week, and all deputy clerks in that office received collections and had
 access to the cash drawer, which was left unlocked. An agent for the
 Federal Bureau of Investigation investigated the loss and interviewed
 a deputy clerk and a financial clerk in the El Paso office, and a poten-
 tial suspect who denied taking the money and consented to a polygraph
 test. The investigating agent advised that this individual did not
 practice deception in response to questions concerning the missing $1,000.
 The FBI was unable to designate a suspect and completed its investiga-
 tion on April 20, 1977.

      You further state that your Division of Financial Management has
 concluded that responsibility for the loss cannot be placed upon any one
 individual because all deputy clerks had access to the money; the loss
 was not discovered until after a week's receipts had been accumulated;
 money collected was kept in an unlocked drawer; and proper internal con-
 trols were lacking. (A comprehensive internal control system has since
 been installed.) Your request for relief is based upon Comptroller Gen-
 eral Decision B-191440, amended May 25, 1979. While the facts in this
 case do appear quite similar, there is no reason to consider your request
 further for the reasons explained below.






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