A-19165, AUGUST 12, 1927, 7 COMP. GEN. 104

A-19165: Aug 12, 1927

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VOLUNTARY PAYMENTS - PROHIBITION INFORMERS THERE IS NO AUTHORITY FOR THE REIMBURSEMENT OF AN OFFICER OF THE UNITED STATES FOR PAYMENTS MADE FROM PERSONAL FUNDS TO A PROHIBITION INFORMER FOR HIS SERVICES. 1927: THERE IS FOR REVIEW SETTLEMENT NO. 0148505. WHEREBY WAS DISALLOWED THE CLAIM OF R. CLAIMANT WAS PROHIBITION ADMINISTRATOR AND SPECIAL DISBURSING AGENT AT LOS ANGELES. ONE TOM GRAY WAS HIRED AT $8 A DAY. IT IS ALLEGED THAT THE INFORMER WAS WITHOUT FUNDS AND THAT ADVANCES WERE MADE TO HIM FROM TIME TO TIME DURING THE COURSE OF THE EMPLOYMENT. IT IS STATED. WAS ANY ADVANCE MADE IN EXCESS OF WHAT THE INFORMER HAD ACTUALLY EARNED AT THE TIME OF PAYMENT. THE ADVANCES OR LOANS APPEAR TO HAVE BEEN MADE AS FOLLOWS: BY W.

A-19165, AUGUST 12, 1927, 7 COMP. GEN. 104

VOLUNTARY PAYMENTS - PROHIBITION INFORMERS THERE IS NO AUTHORITY FOR THE REIMBURSEMENT OF AN OFFICER OF THE UNITED STATES FOR PAYMENTS MADE FROM PERSONAL FUNDS TO A PROHIBITION INFORMER FOR HIS SERVICES.

DECISION BY ACTING COMPTROLLER GENERAL GINN, AUGUST 12, 1927:

THERE IS FOR REVIEW SETTLEMENT NO. 0148505, DATED JANUARY 20, 1927, WHEREBY WAS DISALLOWED THE CLAIM OF R. E. FRITH FOR $96 CLAIMED AS REIMBURSEMENT OF PAYMENTS MADE FROM PERSONAL FUNDS TO A PROHIBITION INFORMER FOR SERVICES RENDERED IN DECEMBER, 1925, AND JANUARY, 1926.

CLAIMANT WAS PROHIBITION ADMINISTRATOR AND SPECIAL DISBURSING AGENT AT LOS ANGELES, CALIF. ONE TOM GRAY WAS HIRED AT $8 A DAY, UNDER WRITTEN CONTRACT, TO PROCURE CERTAIN INFORMATION FOR THE ADMINISTRATOR'S OFFICE. IT IS ALLEGED THAT THE INFORMER WAS WITHOUT FUNDS AND THAT ADVANCES WERE MADE TO HIM FROM TIME TO TIME DURING THE COURSE OF THE EMPLOYMENT, BUT AT NO TIME, IT IS STATED, WAS ANY ADVANCE MADE IN EXCESS OF WHAT THE INFORMER HAD ACTUALLY EARNED AT THE TIME OF PAYMENT. THE ADVANCES OR LOANS APPEAR TO HAVE BEEN MADE AS FOLLOWS: BY W. W. ANDERSON, ASSISTANT PROHIBITION ADMINISTRATOR, $50; BY JAMES ROBB, $41; AND BY R. E. FRITH, PROHIBITION ADMINISTRATOR, $5. THE INFORMER APPEARS TO HAVE RENDERED SERVICE DECEMBER 14 AND 15 AND FROM DECEMBER 28, 1925, TO JANUARY 6, 1926, BOTH DATES INCLUSIVE. IT IS ALLEGED THAT HE COULD NOT THEREAFTER BE LOCATED, BUT IT APPEARS THAT ON JANUARY 9, 1926, HE WAS IN THE OFFICE OF THE PROHIBITION ADMINISTRATOR AND SIGNED A CONTRACT FOR FURTHER SERVICE TO BE RENDERED FROM SAID DATE TO JANUARY 27, 1926. NO RECEIPTS FROM THE INFORMER HAVE BEEN SUBMITTED TO SUPPORT THE CLAIM FOR REIMBURSEMENT.

THE RULE IS WELL SETTLED THAT EXCEPT FOR CERTAIN PERSONAL SERVICES, SUCH AS DULY AUTHORIZED TRAVEL EXPENSE, PAYMENTS MUST BE MADE DIRECTLY TO THE PUBLIC CREDITOR BY AUTHORIZED PAYING OFFICERS OF THE UNITED STATES, AND NO OFFICER OR EMPLOYEE OF THE GOVERNMENT CAN CREATE A VALID CLAIM IN HIS FAVOR BY PAYING OBLIGATIONS OF THE UNITED STATES FROM HIS OWN FUNDS. SEE 2 COMP. GEN. 581; 24 COMP. DEC. 155.