B-130753, APR. 1, 1957

B-130753: Apr 1, 1957

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DUSH: FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 23. THE INDEBTEDNESS WAS REPORTED TO US FOR COLLECTION PURSUANT TO SECTION 236 REVISED STATUTES. YOUR LETTER IS TO THE EFFECT THAT THE AMOUNT OF THE AWARD WAS MADE TO YOU AFTER GOOD FAITH APPLICATION WITHOUT MISREPRESENTATION ON YOUR PART. THAT THE COMMISSION'S DETERMINATION THAT THE AWARD WAS ERRONEOUS WAS MADE WITHOUT NOTICE TO YOU. THAT YOU HAVE NOT BEEN INFORMED OF ANY LEGAL AUTHORITIES OR ARGUMENTS SHOWING THE BASIS OF THE GOVERNMENT'S CLAIM. THAT YOU WOULD PAY THE AMOUNT OF THE INDEBTEDNESS IF YOU ARE FURNISHED A LOGICAL REASON WHY THE AMOUNT SHOULD BE REFUNDED. SHALL NOTIFY SUCH CLAIMANTS OF THE AMOUNT FOR WHICH SUCH CLAIMS ARE APPROVED.

B-130753, APR. 1, 1957

TO MR. JOSEPH F. DUSH:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF JUNE 23, 1956, CONCERNING DEMANDS MADE UPON YOU FOR REFUND OF $1,007 REPRESENTING THE AMOUNT OF AN AWARD OF COMPENSATION MADE TO YOU UNDER SECTION 6/B) OF THE WAR CLAIMS ACT OF 1948, 62 STAT. 1240, 1246, AS AMENDED, AND SUBSEQUENTLY PAID TO YOU AS THE LEGAL GUARDIAN OF THOMAS STEPHEN SHONE, THE ALLEGED SON OF THOMAS BAIN SHONE, DECEASED.

AS EXPLAINED TO YOU IN OUR LETTERS OF APRIL 19 AND JULY 26, 1956, THE INDEBTEDNESS WAS REPORTED TO US FOR COLLECTION PURSUANT TO SECTION 236 REVISED STATUTES, AS AMENDED, 42 STAT. 24 (31 U.S.C. 71), AND UNITED STATES GENERAL ACCOUNTING OFFICE GENERAL REGULATIONS NO. 120 REVISED, 33 COMP. GEN. 669, BY THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES (FORMERLY THE WAR CLAIMS COMMISSION).

YOUR LETTER IS TO THE EFFECT THAT THE AMOUNT OF THE AWARD WAS MADE TO YOU AFTER GOOD FAITH APPLICATION WITHOUT MISREPRESENTATION ON YOUR PART; THAT THE COMMISSION'S DETERMINATION THAT THE AWARD WAS ERRONEOUS WAS MADE WITHOUT NOTICE TO YOU; AND THAT YOU HAVE NOT BEEN INFORMED OF ANY LEGAL AUTHORITIES OR ARGUMENTS SHOWING THE BASIS OF THE GOVERNMENT'S CLAIM, BUT THAT YOU WOULD PAY THE AMOUNT OF THE INDEBTEDNESS IF YOU ARE FURNISHED A LOGICAL REASON WHY THE AMOUNT SHOULD BE REFUNDED.

SECTION 11 OF THE WAR CLAIMS ACT OF 1948, 62 STAT. 1240, 1246, AS AMENDED (50 U.S.C. APP. 2001, 2010), PROVIDES AS FOLLOWS:

"SEC. 11. THE COMMISSION SHALL NOTIFY ALL CLAIMANTS OF THE APPROVAL OR DENIAL OF THEIR CLAIMS, AND, IF APPROVED, SHALL NOTIFY SUCH CLAIMANTS OF THE AMOUNT FOR WHICH SUCH CLAIMS ARE APPROVED. ANY CLAIMANT WHOSE CLAIM IS DENIED, OR IS APPROVED FOR LESS THAN THE FULL ALLOWABLE AMOUNT OF SUCH CLAIMS, SHALL BE ENTITLED, UNDER SUCH REGULATIONS AS THE COMMISSION MAY PRESCRIBE, TO A HEARING BEFORE THE COMMISSION OR ITS REPRESENTATIVES WITH RESPECT TO SUCH CLAIM. UPON SUCH HEARING, THE COMMISSION MAY AFFIRM, MODIFY, OR REVISE ITS FORMER ACTION WITH RESPECT TO SUCH CLAIM, INCLUDING A DENIAL OR REDUCTION IN THE AMOUNT THERETOFORE ALLOWED WITH RESPECT TO SUCH CLAIM. THE ACTION OF THE COMMISSION IN ALLOWING OR DENYING ANY CLAIM UNDER THIS ACT SHALL BE FINAL AND CONCLUSIVE ON ALL QUESTIONS OF LAW AND FACT AND NOT SUBJECT TO REVIEW BY ANY OTHER OFFICIAL OF THE UNITED STATES OR BY ANY COURT BY MANDAMUS OR OTHERWISE, AND THE COMPTROLLER GENERAL IS AUTHORIZED AND DIRECTED TO ALLOW CREDIT IN THE ACCOUNTS OF ANY CERTIFYING OR DISBURSING OFFICER FOR PAYMENTS IN ACCORDANCE WITH SUCH ACTION.'

WE UNDERSTAND THAT YOU WERE NOT ONLY NOTIFIED OF THE COMMISSION'S DETERMINATION THAT ITS ORIGINAL ACTION IN ALLOWING YOUR CLAIM WAS ERRONEOUS BUT THAT SUCH DETERMINATION WAS SUSTAINED AFTER A HEARING AT WHICH TIME YOU SUBMITTED A LENGTHY BRIEF IN SUPPORT OF YOUR CONTENTION THAT THE PAYMENT MADE TO YOU WAS PROPER.

THE FOREIGN CLAIMS SETTLEMENT COMMISSION (FORMERLY WAR CLAIMS COMMISSION) IS VESTED WITH AUTHORITY TO AFFIRM, MODIFY OR REVISE ITS FORMER ACTION RESPECTING ANY CLAIM FILED WITH IT AND ANY AFFIRMATION, MODIFICATION OR REVISION OF ITS FORMER ACTION IS FINAL AND CONCLUSIVE ON ALL QUESTIONS OF LAW AND FACT AND IS NOT SUBJECT TO OFFICIAL OR JUDICIAL REVIEW. IN THE CIRCUMSTANCES WE ARE WITHOUT JURISDICTION TO CONSIDER THE MATTER ON ITS MERITS AND SINCE THE MATTER HAS BEEN REPORTED TO US FOR COLLECTION WE HAVE NO ALTERNATIVE BUT TO INSIST THAT THE AMOUNT OF THE ERRONEOUS PAYMENT BE REFUNDED.

ACCORDINGLY, UNLESS WITHIN 60 DAYS THE AMOUNT OF THE ERRONEOUS PAYMENT IS REMITTED, OR ARRANGEMENTS ARE MADE TO LIQUIDATE THE INDEBTEDNESS BY REGULAR INSTALLMENT PAYMENTS, A DEBT CHARGE WILL BE RAISED AGAINST YOU AND THE MATTER WILL BE REFERRED TO THE DEPARTMENT OF JUSTICE FOR COLLECTION ACTION.

ANY REMITTANCES SHOULD BE MAILED TO THE UNITED STATES GENERAL ACCOUNTING OFFICE, POST OFFICE BOX 2610, WASHINGTON 13, D.C. ..END :