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B-168307 1 (1970-02-06)

handle is hein.gao/gaobabkmb0001 and id is 1 raw text is: 



                  COM PTROLLER-GENERAL OF THEUNITE  S   1aTEs    E
                       ~~~~_ WSI  TO DC  20548


B-168307                               RELEASED            FEB   6 197




Dear Mr. Dellenback

     Reference is made to several recent meetings of members of my staff
with you concerning your request that we review the foreclosure action
in connection with a Small Business Administration (SBA) loan to Mr. and
Mrs. Stanley D. Mustoe (Rose Motel, Phoenix, Oregon). You informed us
that correspondence received from your constituents, Mr. and Mrs. Stanley
D. Mustoe, and their attorneys indicated possible improper conduct by SBA
representatives in SBA's administration of the foreclosure action on the
loan to the Mustoes. You also requested that we review SBA's investiga-
tion of your constituents' complaint since one of their attorneys charged
that the investigation, which had been performed at your request, was
biased.

     Our review included an examination of records contained in the SBA
loan file as furnished to us by SBA officials in Washington, D. C., and
of the SBA investigation report and discussions with Mr. Stanley D. Mustoe,
his two attorneys, Mrs. Jeanette T. Marshall and Mr. Cliff W. Brower, and
SBA officials in Portland, Oregon, and Washington, D. C.

     Our examination of the records and discussions did not result in
identifying any impropex conduct by SBA representatives in their adminis-
tration of the Mustoe loan or any evidence that SBA's investigation of
the matter was biased. The available informdtion indicated that SBA's
attempt to locate a buyer for the motel was prompted by the institution
of a foreclosure suit by the seller of the motel, Mr. and Mrs. John J.
Scupien, on their contract with the Mustoes for the purchase of the motel.
It appears that SBA's piimary concern in the matter was to protect the
Government's financial investment in the motel and that SBA's action
might have been misundemstood by your constituents. In retrospect, it
seems that the misunderstanding which arose on the part of your constitu-
ents might have been avoided if SBA representatives had fully explained
the actions they were taking and why they were being taken.



     In March 1968 SBA approved a $12,000 economic opportunity loan to
Mr. and Mrs. Stanley D. Mustoe, doing business as the Rose Motel.
Economic opportunity loans are authorized by title IV of the Economic
Opportunity Act of 1964, as amended (42 U.S.C. 2901). Through the
economic opportunity loan program, SBA places special emphasis on aid to
small business concerns located in urban or rural areas of high unemploy-
ment or to small business concerns owned by individuals with low income.

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