B-122556, JUN. 20, 1957

B-122556: Jun 20, 1957

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ESQUIRE: REFERENCE IS MADE TO YOUR LETTER DATED APRIL 5. " CONCERNING CERTAIN CLAIMS FOR OCEAN TRANSPORTATION CHARGES THAT HAVE BEEN ASSERTED AGAINST YOUR CLIENT THROUGH FLOMARCY COMPANY. HAVE BEEN AUTHORIZED TO REPRESENT YOUR CLIENT IN CONNECTION WITH THE CLAIMS MENTIONED ABOVE. IT IS NOTED THAT YOU NOW REQUEST AN APPOINTMENT SO THAT EVIDENCE IN ADDITION TO THAT PREVIOUSLY SUBMITTED HERE MAY BE EXHIBITED. ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED. IT IS THE RULE OF THE ACCOUNTING OFFICERS OF THE UNITED STATES THAT ALL CLAIMS BE SETTLED UPON THE WRITTEN RECORD SUBMITTED BY THE CLAIMANT. THIS RULE IS EXPRESSED IN SECTION 4.4. AS FOLLOWS: "THE SETTLEMENT OF CLAIMS IS BASED UPON THE WRITTEN RECORD ONLY AND ORAL PRESENTATION OF FACT OR LAW IS NOT ACCEPTABLE AS A SUBSTITUTE.

B-122556, JUN. 20, 1957

TO HENRY J. FOX, ESQUIRE:

REFERENCE IS MADE TO YOUR LETTER DATED APRIL 5, 1957, WRITTEN ON BEHALF OF YOUR CLIENT, COMPANHIA DE NAVEGACAO "CARREGADORES ACOREANOS," CONCERNING CERTAIN CLAIMS FOR OCEAN TRANSPORTATION CHARGES THAT HAVE BEEN ASSERTED AGAINST YOUR CLIENT THROUGH FLOMARCY COMPANY, NC., 90 BROAD STREET, NEW YORK, NEW YORK.

THE POWER OF ATTORNEY, WHEREBY YOU AND YOUR ASSOCIATE, ROBERT B. HIRSCH, HAVE BEEN AUTHORIZED TO REPRESENT YOUR CLIENT IN CONNECTION WITH THE CLAIMS MENTIONED ABOVE, HAS BEEN PLACED IN OUR FILES. IT IS NOTED THAT YOU NOW REQUEST AN APPOINTMENT SO THAT EVIDENCE IN ADDITION TO THAT PREVIOUSLY SUBMITTED HERE MAY BE EXHIBITED.

THE BUDGET AND ACCOUNTING ACT OF 1921, AS AMENDED, 31 U.S.C.A. 71, PROVIDES THAT---

"ALL CLAIMS AND DEMANDS WHATEVER BY THE GOVERNMENT OF THE UNITED STATES OR AGAINST IT, AND ALL ACCOUNTS WHATEVER IN WHICH THE GOVERNMENT OF THE UNITED STATES IS CONCERNED, EITHER AS DEBTOR OR CREDITOR, SHALL BE SETTLED AND ADJUSTED IN THE GENERAL ACCOUNTING OFFICE.'

IT IS THE RULE OF THE ACCOUNTING OFFICERS OF THE UNITED STATES THAT ALL CLAIMS BE SETTLED UPON THE WRITTEN RECORD SUBMITTED BY THE CLAIMANT, TOGETHER WITH ANY PERTINENT COMMENT THEREON BY THE ADMINISTRATIVE DEPARTMENT OR AGENCY CONCERNED. THIS RULE IS EXPRESSED IN SECTION 4.4, PART 4, TITLE 4, CODE OF FEDERAL REGULATIONS, 1949 EDITION, AS FOLLOWS:

"THE SETTLEMENT OF CLAIMS IS BASED UPON THE WRITTEN RECORD ONLY AND ORAL PRESENTATION OF FACT OR LAW IS NOT ACCEPTABLE AS A SUBSTITUTE. CLAIMS ARE SETTLED ON THE BASIS OF THE FACTS AS ESTABLISHED BY REPORTS OF THE GOVERNMENT OFFICE CONCERNED AND BY EVIDENCE SUBMITTED BY THE CLAIMANT. THE SETTLEMENT OF CLAIMS IS FOUNDED ON A DETERMINATION OF THE LEGAL LIABILITY OF THE UNITED STATES UNDER THE FACTUAL SITUATION INVOLVED AS ESTABLISHED BY SUCH REPORTS. THE BURDEN IS ON CLAIMANTS TO PROVE THEIR CLAIMS AND MATTERS INCIDENT THERETO REQUISITE TO ESTABLISHING THE CLEAR LIABILITY OF THE UNITED STATES AND CLAIMANTS' RIGHTS TO PAYMENT.'

IN VIEW OF THE ABOVE REQUIREMENTS, YOU SHOULD SUBMIT IN WRITING ANY ADDITIONAL EVIDENCE WHICH YOU MAY WISH TO HAVE CONSIDERED IN THIS MATTER.

HOWEVER, IF YOU PREFER TO PRESENT SUCH EVIDENCE IN PERSON, ARRANGEMENTS CAN BE MADE FOR AN INTERVIEW DURING BUSINESS HOURS ON ANY WORKING DAY BY CONTACTING THE OFFICE OF THE GENERAL COUNSEL, GENERAL ACCOUNTING OFFICE, TELEPHONE EXECUTIVE 3-4621, EXTENSION 3561, WHERE THE SUBJECT CASE IS BEING CONSIDERED CURRENTLY.