A-32572, JULY 18, 1930, 10 COMP. GEN. 27

A-32572: Jul 18, 1930

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AS SUCH ARE PROPERLY FOR DEPOSITING AND COVERING INTO THE TREASURY AS MISCELLANEOUS RECEIPTS. AS FOLLOWS: THERE IS TRANSMITTED HEREWITH A COPY OF A LETTER ADDRESSED TO THE TREASURER OF THE UNITED STATES BY LOUIS E. WITH WHICH WAS ENCLOSED $24 IN CASH. STATED TO HAVE BEEN USED AS EVIDENCE IN THE TRIAL OF THE CASE ENTITLED UNITED STATES VS. APPEARS THAT THIS MONEY WAS THROWN OUT OF A PROHIBITION AGENT'S CAR BY MR. MILNER WHILE HE WAS BEING TAKEN TO THE POLICE STATION. THE ABOVE MENTIONED SUM OF $24 WAS COVERED INTO THE TREASURY AS TRUST FUND RECEIPTS UNDER THE TITLE "DEPOSITS OF UNCLAIMED MONEYS OF INDIVIDUALS WHOSE WHEREABOUTS ARE UNKNOWN.'. AN EXPRESSION OF YOUR VIEWS CONCERNING THE MATTER WILL BE APPRECIATED.

A-32572, JULY 18, 1930, 10 COMP. GEN. 27

ACCOUNTING - FUNDS SEIZED BY PROHIBITION AUTHORITIES FUNDS COMING INTO THE HANDS OF FEDERAL PROHIBITION OFFICERS IN THE ENFORCEMENT OF THE NATIONAL PROHIBITION LAWS, WHICH CAN NOT BE IDENTIFIED AS BELONGING TO ANYONE, OR IF IDENTIFIED, MAY BE REGARDED AS FORFEITED MONEYS RECEIVED FOR THE USE OF THE UNITED STATES UNDER SECTION 3617, REVISED STATUTES, AND AS SUCH ARE PROPERLY FOR DEPOSITING AND COVERING INTO THE TREASURY AS MISCELLANEOUS RECEIPTS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JULY 18, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 9, 1930, AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH A COPY OF A LETTER ADDRESSED TO THE TREASURER OF THE UNITED STATES BY LOUIS E. GRAHAM, UNITED STATES ATTORNEY, PITTSBURGH, PA., UNDER DATE OF JUNE 13, 1930, WITH WHICH WAS ENCLOSED $24 IN CASH, STATED TO HAVE BEEN USED AS EVIDENCE IN THE TRIAL OF THE CASE ENTITLED UNITED STATES VS. WILLIAM CONNORS ET AL., NO. 658,CRIMINAL, UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA. APPEARS THAT THIS MONEY WAS THROWN OUT OF A PROHIBITION AGENT'S CAR BY MR. A. C. MILNER WHILE HE WAS BEING TAKEN TO THE POLICE STATION. MR. MILNER HAS BEEN SENTENCED TO SERVE TWO YEARS IN THE PENITENTIARY AT ATLANTA.

UPON RECOMMENDATION OF THE BUREAU OF PROHIBITION, THE ABOVE MENTIONED SUM OF $24 WAS COVERED INTO THE TREASURY AS TRUST FUND RECEIPTS UNDER THE TITLE "DEPOSITS OF UNCLAIMED MONEYS OF INDIVIDUALS WHOSE WHEREABOUTS ARE UNKNOWN.' A QUESTION HAS ARISEN, HOWEVER, AS TO WHETHER MONEYS OF THIS CHARACTER SHOULD BE CARRIED IN THIS TRUST FUND, OR COVERED INTO THE GENERAL FUND OF THE TREASURY AS "MISCELLANEOUS RECEIPTS--- FORFEITURES, UNCLAIMED FUNDS.'

AN EXPRESSION OF YOUR VIEWS CONCERNING THE MATTER WILL BE APPRECIATED.

IN VIEW OF THE FACT THAT THE MONEY CAN NOT BE IDENTIFIED AS BELONGING TO MR. MILNER, AND IF SO BELONGING TO HIM MUST BE CONSIDERED AS HAVING BEEN FORFEITED, SAID MONEY MAY BE REGARDED AS MONEYS RECEIVED FOR THE USE OF THE UNITED STATES UNDER SECTION 3617, REVISED STATUTES, COMING INTO THE HANDS OF THE PROHIBITION AUTHORITIES IN THE ENFORCEMENT OF THE NATIONAL PROHIBITION LAWS, AND AS SUCH PROPERLY MAY BE CONSIDERED AS FOR DISPOSITION BY DEPOSITING AND COVERING INTO THE TREASURY AS MISCELLANEOUS RECEIPTS.

IF, AS YOU STATE, THE AMOUNT OF $24 HAS BEEN COVERED INTO THE TREASURY AS RECEIPTS UNDER THE TRUST FUND RECEIPT TITLE "DEPOSITS OF UNCLAIMED MONEYS OF INDIVIDUALS WHOSE WHEREABOUTS ARE UNKNOWN," THE PROPER ACTION SHOULD BE TAKEN BY APPROPRIATE WARRANT OR OTHERWISE, TO COVER THE SAME INTO THE GENERAL FUND OF THE TREASURY AS "MISCELLANEOUS RECEIPTS--- FORFEITURES, UNCLAIMED NDS.'