B-128233, JUL. 25, 1956

B-128233: Jul 25, 1956

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LENA CRAWFORD: REFERENCE IS MADE TO YOUR RECENT LETTER REGARDING YOUR CLAIM FOR THE PROCEEDS OF CIVIL SERVICE RETIREMENT REFUND CHECK NO. 41. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED DECEMBER 13. THE ACTION WAS SUSTAINED BY OUR LETTER OF MARCH 2. THE DISALLOWANCE WAS BASED UPON THE FACTS THAT THE RECORDS SHOW THE CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES. CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER DATE OF ISSUANCE OF THE CHECK. CONSIDERATION OF THE MATTER IS PRECLUDED BY THE ACT OF JUNE 22. SECTION 2 OF WHICH IS QUOTED IN THE SETTLEMENT. AGAIN ASSERT THAT THE CHECK WAS FORGED. THE ENDORSEMENT ON THE CHECK IS NOT NOW MATERIAL BECAUSE THE ACT OF CONGRESS REFERRED TO ABOVE PROHIBITS US FROM TAKING FAVORABLE ACTION ON YOUR CLAIM.

B-128233, JUL. 25, 1956

TO MRS. LENA CRAWFORD:

REFERENCE IS MADE TO YOUR RECENT LETTER REGARDING YOUR CLAIM FOR THE PROCEEDS OF CIVIL SERVICE RETIREMENT REFUND CHECK NO. 41,652,335, DATED DECEMBER 17, 1946.

THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED DECEMBER 13, 1954, FROM THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, AND THE ACTION WAS SUSTAINED BY OUR LETTER OF MARCH 2, 1955.

THE DISALLOWANCE WAS BASED UPON THE FACTS THAT THE RECORDS SHOW THE CHECK WAS NEGOTIATED IN DUE COURSE AND PAID BY THE TREASURER OF THE UNITED STATES, AND CLAIM WAS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER DATE OF ISSUANCE OF THE CHECK. HENCE, CONSIDERATION OF THE MATTER IS PRECLUDED BY THE ACT OF JUNE 22, 1926, 44 STAT. 761, SECTION 2 OF WHICH IS QUOTED IN THE SETTLEMENT.

YOU REFER TO A PHOTOSTATIC COPY OF THE PAID CHECK WHICH OUR OFFICE TRANSMITTED TO YOU WITH OUR LETTER OF MARCH 2, 1955, IN ORDER THAT YOU COULD EXAMINE THE ENDORSEMENT OF YOUR NAME ON THE REVERSE SIDE OF THE CHECK. YOU STATE, IN THIS CONNECTION, THAT THE ENDORSEMENT CONTAINS THE MIDDLE INITIAL "C" WHICH YOU DO NOT USE IN ENDORSING CHECKS, AND AGAIN ASSERT THAT THE CHECK WAS FORGED.

WHILE THE HANDWRITTEN FIRST ENDORSEMENT ON THE CHECK APPEARS TO COMPARE FAVORABLY WITH THE SPECIMENS OF YOUR HANDWRITING ON FILE IN OUR OFFICE, THE ENDORSEMENT ON THE CHECK IS NOT NOW MATERIAL BECAUSE THE ACT OF CONGRESS REFERRED TO ABOVE PROHIBITS US FROM TAKING FAVORABLE ACTION ON YOUR CLAIM.

ACCORDINGLY, THE ACTION TAKEN BY OUR OFFICE ON YOUR CLAIM IS CORRECT AND IT WOULD APPEAR THAT FURTHER CORRESPONDENCE FROM YOU RELATIVE THERETO WOULD SERVE NO USEFUL PURPOSE.