B-122786, MAY 18, 1955

B-122786: May 18, 1955

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SLAWITSCHEK: REFERENCE IS MADE TO YOUR LETTER OF JANUARY 3. THE MATTER WAS THE SUBJECT OF AN INVESTIGATION BY THE UNITED STATES SECRET SERVICE. THE INVESTIGATION REVEALED THAT THE CHECKS WERE ENDORSED AND NEGOTIATED BY YOUR FORMER WIFE. WHO EXECUTED A WRITTEN SWORN STATEMENT THAT AT THE TIME THE CHECKS WERE CASHED YOU AND SHE WERE LIVING TOGETHER. THAT THE PROCEEDS OF THE CHECKS WERE SPENT FOR INSURANCE. THE CHECKS WERE ISSUED AT MONTHLY INTERVALS OVER THE PERIOD FROM FEBRUARY 28. MCENEANEY'S SWORN STATEMENT THAT YOU AND SHE WERE NOT LEGALLY SEPARATED UNTIL AUGUST 24. WERE NOT DIVORCED UNTIL MARCH 26. IN SUPPORT OF HER STATEMENT THAT THE PROCEEDS OF THE CHECKS WERE USED FOR NECESSARIES.

B-122786, MAY 18, 1955

PRECIS-UNAVAILABLE

LOUIS J. SLAWITSCHEK:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 3, 1955, REQUESTING REVIEW OF SETTLEMENT DATED SEPTEMBER 13, 1954, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF FIVE TREASURY CHECKS DRAWN TO YOUR ORDER IN THE AMOUNT OF $213 EACH.

AS A RESULT OF YOUR ALLEGATION OF NONRECEIPT OF THE CHECKS, THE MATTER WAS THE SUBJECT OF AN INVESTIGATION BY THE UNITED STATES SECRET SERVICE. THE INVESTIGATION REVEALED THAT THE CHECKS WERE ENDORSED AND NEGOTIATED BY YOUR FORMER WIFE, NOW MRS. ELIZABETH MCENEANEY, WHO EXECUTED A WRITTEN SWORN STATEMENT THAT AT THE TIME THE CHECKS WERE CASHED YOU AND SHE WERE LIVING TOGETHER, THAT SHE HAD YOUR PERMISSION TO SIGN YOUR NAME AND DEPOSIT THE CHECKS IN THE BANK, AND THAT THE PROCEEDS OF THE CHECKS WERE SPENT FOR INSURANCE, GROCERIES, UTILITY BILLS, TAXES, PAYMENT OF LOANS, ETC. SHE FURTHER STATES THAT SHE HAD BEEN CASHING YOUR CHECKS WITH YOUR PERMISSION FOR SEVERAL YEARS PRIOR TO THE ISSUANCE OF THE INSTANT CHECKS.

THE CHECKS WERE ISSUED AT MONTHLY INTERVALS OVER THE PERIOD FROM FEBRUARY 28, 1953, THROUGH JUNE 30, 1953. IT APPEARS FROM MRS. MCENEANEY'S SWORN STATEMENT THAT YOU AND SHE WERE NOT LEGALLY SEPARATED UNTIL AUGUST 24, 1953, AND WERE NOT DIVORCED UNTIL MARCH 26, 1954. IN SUPPORT OF HER STATEMENT THAT THE PROCEEDS OF THE CHECKS WERE USED FOR NECESSARIES, MRS. MCENEANEY FURNISHED CANCELLED CHECKS AND A RECORD OF BANK DEPOSITS FOR THE PERIOD IN QUESTION WHICH CLEARLY SUBSTANTIATE HER ALLEGATIONS IN THIS REGARD. WHILE THE DEPOSIT RECORD SUBMITTED SHOWS DEPOSITS OF OTHER SUMS (PRESUMABLY THE WAGES TO WHICH YOU REFER IN YOUR LETTER) DURING THE PERIOD IN QUESTION, IT NEVERTHELESS APPEARS THAT PRACTICALLY ALL FUNDS DEPOSITED, INCLUDING THE AMOUNTS OF THE CHECKS IN QUESTION, WERE USED FOR ORDINARY LIVING EXPENSES AND PAYMENT OF EXISTING OBLIGATIONS.

YOU ALLEGE THAT YOUR FORMER WIFE WAS NOT AUTHORIZED TO CASH THE CHECKS AND IMPLY THAT THE PROCEEDS OF THE CHECKS WERE NOT USED AS INDICATED ABOVE. HOWEVER, YOU HAVE SUBMITTED NO EVIDENCE IN CONTRAVENTION OF MRS. MCENEANEY'S SWORN STATEMENT AND THE FINANCIAL RECORDS SUBMITTED IN SUPPORT THEREOF. INASMUCH AS YOU WERE LEGALLY OBLIGATED TO SUPPORT YOUR WIFE WHEN THE CHECKS IN QUESTION WERE NEGOTIATED, NOT BEING EITHER LEGALLY SEPARATED OR DIVORCED AT THAT TIME, IT APPEARS THAT YOU RECEIVED THE BENEFIT OF THE PROCEEDS OF THE CHECKS. YOUR LETTER OF JANUARY 3, 1955, PRESENTS NO NEW EVIDENCE AND, UPON REVIEW OF THE ENTIRE MATTER, THE SETTLEMENT OF SEPTEMBER 13, 1954, APPEARS TO BE CORRECT AND IS SUSTAINED.