A-4366, AUGUST 16, 1924, 4 COMP. GEN. 186

A-4366: Aug 16, 1924

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

COMPENSATION - EXTRADITION AGENT AS THE DEPARTMENT OF STATE IS CHARGED WITH THE DUTY OF BRINGING HOME FROM FOREIGN COUNTRIES PERSONS CHARGED WITH CRIME. THE COMPENSATION OF A SECRET SERVICE OPERATIVE WHO WAS APPOINTED BY THE DEPARTMENT OF STATE AS AN EXTRADITION AGENT AND WHO WAS DROPPED FROM THE ROLLS OF THE TREASURY DEPARTMENT TEMPORARILY IS NOT PAYABLE FROM ANY APPROPRIATION UNDER THE CONTROL OF THE DEPARTMENT OF JUSTICE. WAS GIVEN AN APPOINTMENT BY THE STATE DEPARTMENT AS AN EXTRADITION AGENT TO EXECUTE A PRESIDENTIAL WARRANT FOR THE PURPOSE OF EXTRADITING ONE MILEM RAITCHEVITCH FROM FRANCE. THE SAID RAITCHEVITCH WAS CHARGED WITH THE UTTERANCE OF FORGED OR FALSIFIED OFFICIAL ACTS OF THE GOVERNMENT.

A-4366, AUGUST 16, 1924, 4 COMP. GEN. 186

COMPENSATION - EXTRADITION AGENT AS THE DEPARTMENT OF STATE IS CHARGED WITH THE DUTY OF BRINGING HOME FROM FOREIGN COUNTRIES PERSONS CHARGED WITH CRIME, THE COMPENSATION OF A SECRET SERVICE OPERATIVE WHO WAS APPOINTED BY THE DEPARTMENT OF STATE AS AN EXTRADITION AGENT AND WHO WAS DROPPED FROM THE ROLLS OF THE TREASURY DEPARTMENT TEMPORARILY IS NOT PAYABLE FROM ANY APPROPRIATION UNDER THE CONTROL OF THE DEPARTMENT OF JUSTICE.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, AUGUST 16, 1924:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 25, 1924, AS FOLLOWS:

I BEG TO ADVISE YOU THAT ON OR ABOUT APRIL 9, 1924, MR. HAROLD C. KEYES, A SECRET SERVICE OPERATIVE, TREASURY DEPARTMENT, NO. 746 CUSTOMHOUSE BUILDING, NEW YORK CITY, WAS GIVEN AN APPOINTMENT BY THE STATE DEPARTMENT AS AN EXTRADITION AGENT TO EXECUTE A PRESIDENTIAL WARRANT FOR THE PURPOSE OF EXTRADITING ONE MILEM RAITCHEVITCH FROM FRANCE. THE SAID RAITCHEVITCH WAS CHARGED WITH THE UTTERANCE OF FORGED OR FALSIFIED OFFICIAL ACTS OF THE GOVERNMENT, TO WIT, THE SELLING AND POSSESSION OF VARIOUS WASHED AND RESTORED DOCUMENTARY INTERNAL-REVENUE STAMPS.

IT IS UNDERSTOOD THAT MR. KEYES WAS DROPPED FROM THE PAY ROLL OF THE TREASURY DEPARTMENT DURING THE PERIOD FROM APRIL 9 TO MAY 23, 1924, DURING WHICH TIME HE WAS ENGAGED IN EXECUTING THE EXTRADITION WARRANT IN THE CASE ABOVE MENTIONED. UPON HIS RETURN HE SUBMITTED A CLAIM TO THIS DEPARTMENT FOR TRANSMISSION TO THE DEPARTMENT OF STATE COVERING HIS COMPENSATION AND EXPENSES INCIDENT TO THE EXECUTION OF SAID WARRANT. THIS DEPARTMENT ASSUMED THAT THE ACCOUNT WAS PROPERLY PAYABLE FROM THE APPROPRIATION UNDER THE CONTROL OF THE SECRETARY OF STATE FOR "BRINGING HOME FROM FOREIGN COUNTRIES PERSONS CHARGED WITH CRIME," 42 STAT. 1078. THE AMOUNT CLAIMED FOR SALARY WAS, HOWEVER, DISAPPROVED BY THE STATE DEPARTMENT AND THE CLAIMANT WAS INFORMED BY THAT DEPARTMENT THAT THE MATTER OF HIS SALARY WAS "FOR THE ATTENTION OF THE DISBURSING OFFICER OF THE DEPARTMENT OF JUSTICE.'

IT IS THE PRACTICE FOR THE U.S. ATTORNEY, IN EACH CASE, TO RECOMMEND TO THIS DEPARTMENT THE NAME OF THE PERSON WHO, IN HIS JUDGMENT, WOULD BE A SUITABLE EXTRADITION AGENT. THIS DEPARTMENT THEN SUBMITS ITS RECOMMENDATION TO THE SECRETARY OF STATE, AND THE APPOINTMENT IS MADE BY THAT DEPARTMENT AND A PRESIDENTIAL WARRANT IS PLACED IN THE HANDS OF THE EXTRADITION AGENT FOR SERVICE. IN THIS CONNECTION YOUR ATTENTION IS INVITED TO SECTIONS 5275 AND 5276, R.S., AND TO ARTICLE I OF THE EXTRADITION CONVENTION BETWEEN THE UNITED STATES AND FRANCE, OF 1843, UNDER WHICH IT IS PROVIDED THAT, "THE HIGH CONTRACTING PARTIES SHALL, ON REQUISITION MADE IN THEIR NAME, THROUGH THE MEDIUM OF THEIR RESPECTIVE DIPLOMATIC AGENTS, DELIVER UP TO JUSTICE PERSONS WHO, BEING ACCUSED OF THE CRIMES ENUMERATED IN THE NEXT FOLLOWING ARTICLE, COMMITTED WITHIN THE JURISDICTION OF THE REQUIRING PARTY, SHALL SEEK AN ASYLUM, OR SHALL BE FOUND WITHIN THE TERRITORIES OF THE OTHER.'

THIS DEPARTMENT IS NOT ADVISED AS TO THE METHOD OF COMPENSATING SUCH AGENTS IN THE PAST, BUT THEY HAVE NOT BEEN PAID FROM ANY APPROPRIATION UNDER THE CONTROL OF THIS DEPARTMENT.

YOUR DECISION IS RESPECTFULLY REQUESTED WHETHER THE COMPENSATION OF AN EXTRADITION AGENT, WHOSE EXPENSES ARE PAID BY THE STATE DEPARTMENT FROM THE APPROPRIATION FOR BRINGING HOME CRIMINALS, MAY PROPERLY BE PAID FROM AN APPROPRIATION UNDER THE CONTROL OF THIS DEPARTMENT.

IN ANSWER TO THE QUESTION SUBMITTED YOU ARE ADVISED THAT I FIND NO APPROPRIATION UNDER THE CONTROL OF YOUR DEPARTMENT AVAILABLE FOR PAYMENT OF THE SALARY OF AN EMPLOYEE APPOINTED BY AND SERVING UNDER THE DIRECTION AND CONTROL OF THE SECRETARY OF STATE.