Return of Proceeds From Diesel Fuel Sales

The Federal Bureau of Investigation (FBI) requested a determiniation as to whether a firm was entitled to money that was obtained through an undercover operation to investigate thefts of diesel fuel. FBI and the firm agreed that, after the investigation was completed, the company would receive either the unused diesel fuel or the money generated from its sale. Proceeds from the sale of the fuel were placed in a safe deposit box for the storage of valuable exhibits and evidence. FBI has no further need for the funds as evidence. GAO held that, where a firm furnished diesel fuel to the FBI to assist an undercover investigation with the understanding that the fuel or proceeds from its sale will be returned, proceeds from the sale of the fuel will not be used by the United States. Accordingly, the funds may be returned to the firm.