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B-202623 1 (1982-01-19)

handle is hein.gao/gaobadkae0001 and id is 1 raw text is: IECISION THE alr - C. 4 'tJ ( rd,'/ 0APROAL THE UNITED SlTATISI WASHINQTON, I0,0, .0413 FILE B-202623 oA'rE January 19, 1902 MATTER OF: DIGEST; George Antolik - PAyment of atonement fee levied by foreign court There is no statutory authority for reimbursement of an atonement fee levied on Department of Army employee by a foreign court resulting from criminal charges in which employee was the defendant, Also, the claim does not contain the necessary elements of extraordinary nature and of unusual legal liability or equity to warrant its submission to Congress under the Meritorious Claims Act, 31 U.s.c. 263 (1976). This action results from a claim for reimbursement of an atonement fee levied by a German court on Mr. George Antolli, an Army employee stationed in Germany. Mr. Antolik submitted the claim to our Office under the Meritorious Claims Act, 31 U.S.C. 236 (1976), which pro- video that a claim filed here which may not be lawfully adjusted by the use of an existing appropriation, but which in our judgment contains such elements of legal libility or equity as to be deserving of the consider- ation of Congress, shall be submitted to the Congress by special report with a recommendation for disposition thereof, The claim, as presented, does not have such elements of an extraordinary nature and unusual legal liability or equity to justify reporting it to Congress under the act. Mr. Antolic, the person in charge of a warehouse leased by the Army for the storage of household effects, was charged with negligent homicide by a local German prosecutor because one of the doors of that warehouse fell down and killed a German citizen who was employed in moving household effects into the warehouse. Although the Army Staff Judge Advocate's Office in Germany attempted to persuade the prosecutor to relinquish criminal jurisdic- tion over Mr. Antolik (the Staff Judge Advocate argued that Mr. Antolik was performing official duties and that the United States authorities would take suitable correc- tive action under existing administrative regulations), he was tried by a German court. His English-speaking German counsel at the trial concurred in a motion that the proceedings be dismissed, contingent upon Mr. Antolik -.............+.. C $4 ~ a.qiq.7yn.a9 ~~s9 iwYn.n 94 -. *frw *~J-.*~ j 'I

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