B-150407, DEC. 17, 1962
Highlights
YOU WERE RESPONSIBLE FOR THE THEFT OF REGISTERED MAIL WHICH RESULTED IN A GOVERNMENT LOSS OF $11. THE TOTAL RECOVERED IS $9. 342.30 AGAINST WHICH MONTHLY ANNUITY PAYMENTS OF $197 WILL CONTINUE TO BE APPLIED. THAT SINCE CRIMINAL CHARGES ENTERED AGAINST YOU WERE DISMISSED BY ORDER OF THE UNITED STATES DISTRICT COURT. SUCH LOSSES WERE FOUND BY THE POST OFFICE DEPARTMENT TO BE PROPERLY CHARGEABLE AGAINST YOU. THE ESTABLISHED RULE OF THE ACCOUNTING OFFICERS IS TO ACCEPT AS CORRECT THE STATEMENT OF FACTS AS FURNISHED BY THE ADMINISTRATIVE OFFICERS. IN THE ABSENCE OF A CLEAR SHOWING THAT SUCH STATEMENT IS NOT CORRECT. IT IS WELL SETTLED THAT AN AMOUNT DUE THE UNITED STATES FROM A DEBTOR PROPERLY SHOULD BE WITHHELD FROM AN AMOUNT OTHERWISE DUE HIM AS A CREDITOR OF THE UNITED STATES. 1 COMP.
B-150407, DEC. 17, 1962
TO MR. JENARO CAPARROS:
BY LETTER DATED OCTOBER 16, 1962, YOUR ATTORNEY, MR. ENRIQUE IGARAVIDEZ, FORWARDED A COPY OF HIS LETTER DATED AUGUST 20, 1962, ADDRESSED TO THE POSTMASTER, SAN JUAN, AND A COPY OF THE REPLY THERETO DATED SEPTEMBER 17, 1962, FROM THE REGIONAL DIRECTOR, NEW YORK REGIONAL OFFICE, POST OFFICE DEPARTMENT, IN REGARD TO YOUR SEPARATION FROM THE SERVICE AND THE WITHHOLDING OF YOUR CIVIL SERVICE ANNUITY PAYMENTS TO LIQUIDATE AN INDEBTEDNESS TO THE UNITED STATES. YOUR ATTORNEY HAS PRESENTED THE MATTER TO OUR OFFICE FOR CONSIDERATION UNDER CIVIL SERVICE REGULATION R5-75, WHICH ESTABLISHES THE PROCEDURE FOR EFFECTING COLLECTION OF DEBTS BY SET- OFF OF MONEYS PAYABLE FROM THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND, AND PROVIDES, IN PART, THAT AN INDIVIDUAL WHO PROTESTS A SET-OFF MAY, AFTER TAKING THE MATTER UP WITH THE AGENCY THAT REQUESTED THE SET- OFF, APPEAL TO THE COMPTROLLER GENERAL OF THE UNITED STATES IF HE CANNOT REACH AGREEMENT WITH THE AGENCY.
THE RECORD SHOWS THAT AN INVESTIGATION BY A POSTAL INSPECTOR DISCLOSED THAT WHILE EMPLOYED IN YOUR OFFICIAL CAPACITY AS FOREMAN IN THE POST OFFICE AT SAN JUAN, YOU WERE RESPONSIBLE FOR THE THEFT OF REGISTERED MAIL WHICH RESULTED IN A GOVERNMENT LOSS OF $11,916.43. THE POST OFFICE DEPARTMENT RECOVERED $25 IN IDENTICAL FUNDS, $5,000 FROM THE LIBERTY MUTUAL INSURANCE COMPANY UNDER THE BLANKET BOND, $136.21 BY SET-OFF OF FINAL SALARY PAYMENT, AND $4,412.92 AS OF NOVEMBER 26, 1962, BY SET-OFF OF ANNUITY PAYMENTS. THE TOTAL RECOVERED IS $9,574.13, LEAVING A BALANCE DUE OF $2,342.30 AGAINST WHICH MONTHLY ANNUITY PAYMENTS OF $197 WILL CONTINUE TO BE APPLIED.
YOUR ATTORNEY SUGGESTS IN HIS LETTER OF AUGUST 20, 1962, THAT SINCE CRIMINAL CHARGES ENTERED AGAINST YOU WERE DISMISSED BY ORDER OF THE UNITED STATES DISTRICT COURT, DISTRICT OF PUERTO RICO, SUCH DISMISSAL CONSTITUTES A BASIS FOR THE REQUEST THAT THE SET-OFF AGAINST YOUR ANNUITY PAYMENTS BE DISCONTINUED. THE TERMINATION OF THE CRIMINAL ACTION DOES NOT, AS SUGGESTED BY YOUR ATTORNEY, EFFECT YOUR CIVIL LIABILITY FOR THE LOSSES SUFFERED BY THE GOVERNMENT. SUCH LOSSES WERE FOUND BY THE POST OFFICE DEPARTMENT TO BE PROPERLY CHARGEABLE AGAINST YOU, AND THE ESTABLISHED RULE OF THE ACCOUNTING OFFICERS IS TO ACCEPT AS CORRECT THE STATEMENT OF FACTS AS FURNISHED BY THE ADMINISTRATIVE OFFICERS, IN THE ABSENCE OF A CLEAR SHOWING THAT SUCH STATEMENT IS NOT CORRECT.
IN REGARD TO THE AUTHORITY TO APPLY ANNUITY PAYMENTS OTHERWISE DUE YOU, IT IS WELL SETTLED THAT AN AMOUNT DUE THE UNITED STATES FROM A DEBTOR PROPERLY SHOULD BE WITHHELD FROM AN AMOUNT OTHERWISE DUE HIM AS A CREDITOR OF THE UNITED STATES. 1 COMP. GEN. 605; 16 ID. 161; JOHN F. O-LEARY V. UNITED STATES, 82 CT.CL. 305. SUCH RULE LIKEWISE APPLIES TO AMOUNTS OTHERWISE PAYABLE TO A DEBTOR FROM THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND. 16 COMP. GEN. 1017. IT FOLLOWS THAT THE REPORTING OF YOUR INDEBTEDNESS TO THE CIVIL SERVICE COMMISSION FOR OFFSET OF ANNUITY PAYMENTS DUE YOU WAS PROPER.