A-90892, DECEMBER 17, 1937, 17 COMP. GEN. 518

A-90892: Dec 17, 1937

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IS AS FOLLOWS: THE DIRECTOR OF THE NAVAL RESEARCH LABORATORY. STRIPLIN WAS ARRESTED FOR ALLEGED THEFT OF GOVERNMENT PROPERTY ON 10 NOVEMBER. THE ARTICLES ALLEGED TO HAVE BEEN STOLEN ARE CASTINGS TO THE VALUE OF ABOUT $17.50 FROM THE NAVAL RESEARCH LABORATORY AND CASTINGS TO THE VALUE OF ABOUT $52.00 FROM THE NAVY YARD. THESE HAVE BEEN RETRIEVED BY THE POLICE. STRIPLIN IS SUSPECTED OF BEING INVOLVED WITH THEFT OF OTHER MATERIAL FROM THE WASHINGTON NAVY YARD. IS ABOUT $223.16. "INFORMATION IS REQUESTED AS TO THE ACTION TO BE TAKEN WITH REGARD TO STRIPLIN'S ACCOUNT AND WHETHER OR NOT THE AMOUNT NOW DUE HIM SHOULD BE PAID.'. YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT PAYMENT SHOULD BE MADE TO MR.

A-90892, DECEMBER 17, 1937, 17 COMP. GEN. 518

SET-OFF - COMPENSATION AND RETIREMENT DEDUCTIONS - THEFT OF GOVERNMENT PROPERTY - FINAL SETTLEMENT WITHHELD PENDING DETERMINATION OF AMOUNT OF LOSS AND UNPAID FINE PAYMENT OF FINAL COMPENSATION AND REFUND OF RETIREMENT DEDUCTIONS TO FORMER EMPLOYEE AWAITING TRIAL FOR THEFT OF GOVERNMENT PROPERTY, SHOULD BE WITHHELD UNTIL HIS GUILT OR INNOCENCE HAS BEEN ESTABLISHED AND THERE HAS BEEN DETERMINED THE AMOUNT OF THE LOSS SUSTAINED BY THE UNITED STATES BY REASON OF HIS THEFTS, THE BALANCE OF COMPENSATION, AND THE AMOUNT TO HIS CREDIT IN THE RETIREMENT FUND, BEING AVAILABLE AS A SET OFF AGAINST SUCH LOSSES AND ANY FINE THE COURT MAY IMPOSE, IF NOT OTHERWISE PAID BY THE DEFENDANT.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE NAVY, DECEMBER 17, 1937:

YOUR LETTER OF NOVEMBER 26, 1937 (NP14/P13-5 (371122) SOSED-4-MD), IS AS FOLLOWS:

THE DIRECTOR OF THE NAVAL RESEARCH LABORATORY, ANACOSTIA STATION, WASHINGTON, D.C., HAS SUBMITTED THE FOLLOWING CASE TO THE NAVY DEPARTMENT FOR INFORMATION AS TO THE ACTION TO BE TAKEN:

"JAMES M. STRIPLIN WAS ARRESTED FOR ALLEGED THEFT OF GOVERNMENT PROPERTY ON 10 NOVEMBER. THE ARTICLES ALLEGED TO HAVE BEEN STOLEN ARE CASTINGS TO THE VALUE OF ABOUT $17.50 FROM THE NAVAL RESEARCH LABORATORY AND CASTINGS TO THE VALUE OF ABOUT $52.00 FROM THE NAVY YARD, WASHINGTON, D.C. THESE HAVE BEEN RETRIEVED BY THE POLICE. STRIPLIN IS SUSPECTED OF BEING INVOLVED WITH THEFT OF OTHER MATERIAL FROM THE WASHINGTON NAVY YARD.

"THE DATE OF STRIPLIN'S TRIAL HAS NOT AS YET BEEN SET.

"AT THE TIME OF HIS ARREST, STRIPLIN HAD $39.29 DUE HIM AS PAY EARNED TO DATE OF DISCHARGE, AND HIS RETIREMENT FUND, WITHOUT INTEREST, IS ABOUT $223.16.

"INFORMATION IS REQUESTED AS TO THE ACTION TO BE TAKEN WITH REGARD TO STRIPLIN'S ACCOUNT AND WHETHER OR NOT THE AMOUNT NOW DUE HIM SHOULD BE PAID.'

YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT PAYMENT SHOULD BE MADE TO MR. STRIPLIN OF THE PAY EARNED BY HIM TO DATE OF HIS DISCHARGE AND CERTIFICATION MADE TO THE U.S. CIVIL SERVICE COMMISSION FOR PAYMENT OF THE DEDUCTIONS MADE FROM HIS PAY FOR THE "CIVIL SERVICE RETIREMENT AND DISABILITY FUND.'

NO PAYMENT OF THE FINAL COMPENSATION SHOULD BE MADE TO THE FORMER EMPLOYEE OR CERTIFICATION MADE TO THE UNITED STATES CIVIL SERVICE COMMISSION FOR REFUND OF RETIREMENT DEDUCTIONS UNTIL THE GUILT OR INNOCENCE OF THE FORMER EMPLOYEE HAS BEEN ESTABLISHED AND THERE HAS BEEN DETERMINED THE AMOUNT OF THE LOSS SUSTAINED BY THE UNITED STATES BY REASON OF HIS THEFTS, THE BALANCE OF COMPENSATION AND THE AMOUNT TO HIS CREDIT IN THE RETIREMENT FUND BEING AVAILABLE AS A SET-OFF AGAINST SUCH LOSSES. ALSO, SAID AMOUNTS WILL BE AVAILABLE FOR PAYMENT OF ANY FINE THE COURT MAY IMPOSE IF NOT OTHERWISE PAID BY THE DEFENDANT. SEE O-LEARY V. UNITED STATES, 82 CT.CLS. 305.

FURTHER REPORT SHOULD BE MADE TO THIS OFFICE AND TO THE UNITED STATES CIVIL SERVICE COMMISSION WHEN THE AMOUNT OF THE FORMER EMPLOYEE'S INDEBTEDNESS, IF ANY, SHALL HAVE BEEN DETERMINED BY THE NAVY DEPARTMENT OR THE COURT. THE UNITED STATES CIVIL SERVICE COMMISSION IS BEING FURNISHED A COPY OF THIS LETTER.