B-128838, AUG. 9, 1956

B-128838: Aug 9, 1956

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LEONCIA RICAFRANCA VDA DE MARABEL: REFERENCE IS MADE TO YOUR RECENT LETTER REGARDING YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 66. THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 11. THE ACTION WAS SUSTAINED BY OUR LETTER OF MAY 9. THE DISALLOWANCE WAS BASED UPON THE RECORDS WHICH SHOW THAT THE CHECK WAS NEGOTIATED IN DUE COURSE. THAT THE 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. WOULD HAVE BEEN BARRED FROM CONSIDERATION BY THE ABOVE-CITED STATUTE. YOUR CLAIM WAS FIRST RECEIVED HERE ON APRIL 4. THE RECORDS SHOW THAT YOUR CLAIM FOR THAT CHECK IS BEFORE THE TREASURY DEPARTMENT FOR CONSIDERATION AND APPROPRIATE ACTION.

B-128838, AUG. 9, 1956

TO MRS. LEONCIA RICAFRANCA VDA DE MARABEL:

REFERENCE IS MADE TO YOUR RECENT LETTER REGARDING YOUR CLAIM FOR THE PROCEEDS OF TREASURY CHECK NO. 66,562,265, DATED MARCH 12, 1948.

THE CLAIM WAS DISALLOWED BY SETTLEMENT DATED AUGUST 11, 1955, FROM THE CLAIMS DIVISION, GENERAL ACCOUNTING OFFICE, AND THE ACTION WAS SUSTAINED BY OUR LETTER OF MAY 9, 1956.

THE DISALLOWANCE WAS BASED UPON THE RECORDS WHICH SHOW THAT THE CHECK WAS NEGOTIATED IN DUE COURSE, PAID BY THE TREASURER OF THE UNITED STATES, AND THAT THE 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, 1956, 44 STAT. 761, SECTION 2 OF WHICH IS QUOTED IN THE SETTLEMENT.

REGARDING YOUR REFERENCE TO YOUR LETTER OF NOVEMBER 5, 1954, TO THE TREASURY DEPARTMENT, ALLEGING NONRECEIPT OF THE CHECK, IT SHOULD BE POINTED OUT THAT EVEN ON THAT DATE A CLAIM FOR A CHECK DRAWN MARCH 12, 1948, WOULD HAVE BEEN BARRED FROM CONSIDERATION BY THE ABOVE-CITED STATUTE. HOWEVER, AS RELATED IN OUR EARLIER CORRESPONDENCE, YOUR CLAIM WAS FIRST RECEIVED HERE ON APRIL 4, 1955, BY TRANSMISSION FROM THE TREASURY DEPARTMENT. THUS, THE LAPSE OF TIME IN RESPONDING TO YOUR LETTER OF NOVEMBER 5, 1954, WOULD IN NO WAY AFFECT THE DISPOSITION OF YOUR CLAIM.

CONCERNING YOUR REQUEST THAT A SUBSTITUTE CHECK BE ISSUED FOR TREASURY CHECK NO. 440,467, DATED APRIL 30, 1951, THE RECORDS SHOW THAT YOUR CLAIM FOR THAT CHECK IS BEFORE THE TREASURY DEPARTMENT FOR CONSIDERATION AND APPROPRIATE ACTION. IN THE EVENT YOU HAVE NOT YET BEEN ADVISED AS TO A DETERMINATION IN THE MATTER, IT IS SUGGESTED THAT YOU COMMUNICATE WITH THE TREASURER OF THE UNITED STATES, WASHINGTON 25 D.C., RELATIVE TO THE STATUS OF YOUR CLAIM.