B-135980, MAY 19, 1958

B-135980: May 19, 1958

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PETER KOPACZ: REFERENCE IS MADE TO YOUR LETTER OF APRIL 10. THE INVESTIGATION CONDUCTED BY THE UNITED STATES SECRET SERVICE DISCLOSES THAT THE CHECKS WERE ENDORSED AND NEGOTIATED OR CAUSED TO BE NEGOTIATED BY YOUR ESTRANGED WIFE. SHE FURTHER STATES THAT THE WEEKLY EARNINGS TURNED OVER TO HER BY YOU WERE INSUFFICIENT TO MEET THE CURRENT HOUSEHOLD EXPENSES. MOREOVER SHE SAYS THAT ALL THE PROCEEDS FROM THE CHECKS WERE USED FOR THE BENEFIT OF THE FAMILY. YOU ALLEGE THAT YOUR ESTRANGED WIFE WAS NOT AUTHORIZED TO CASH THE CHECKS AND IMPLY THAT THE PROCEEDS OF THE CHECKS WERE NOT USED AS INDICATED ABOVE. YOU HAVE SUBMITTED NO EVIDENCE TO ESTABLISH THAT MRS. IT APPEARS THAT AFTER YOU LEARNED THAT YOUR WIFE WAS ENDORSING THE CHECKS YOU FAILED TO NOTIFY THE GOVERNMENT UNTIL AFTER SEPTEMBER 19.

B-135980, MAY 19, 1958

TO MR. PETER KOPACZ:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 10, 1958, REQUESTING A REVIEW BY THE COMPTROLLER GENERAL OF THE SETTLEMENT DATED DECEMBER 11, 1952, WHICH DISALLOWED YOUR CLAIM FOR THE PROCEEDS OF TWENTY-FOUR TREASURY CHECKS DRAWN TO YOUR ORDER.

THE INVESTIGATION CONDUCTED BY THE UNITED STATES SECRET SERVICE DISCLOSES THAT THE CHECKS WERE ENDORSED AND NEGOTIATED OR CAUSED TO BE NEGOTIATED BY YOUR ESTRANGED WIFE, BETTY J. KOPACZ. IN HER SWORN STATEMENT, MRS. KOPACZ ALLEGES THAT YOU HAD GIVEN HER PERMISSION TO ENDORSE THE CHECKS, AND DEPOSIT THEM OR TO MAKE CERTAIN PAYMENTS AND DEPOSIT THE REMAINDER. SHE FURTHER STATES THAT THE WEEKLY EARNINGS TURNED OVER TO HER BY YOU WERE INSUFFICIENT TO MEET THE CURRENT HOUSEHOLD EXPENSES. MOREOVER SHE SAYS THAT ALL THE PROCEEDS FROM THE CHECKS WERE USED FOR THE BENEFIT OF THE FAMILY, INCLUDING $500 FOR DOCTOR BILLS FOR YOUR SON, RONALD, APPROXIMATELY $600 FOR FURNITURE AND THE REMAINDER FOR FOOD, CLOTHING, HEAT, LIGHT, RENT AND OTHER HOUSEHOLD EXPENSES.

YOU ALLEGE THAT YOUR ESTRANGED 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 TO ESTABLISH THAT MRS. KOPACZ USED THE PROCEEDS FOR OTHER THAN FAMILY NEEDS. FURTHER, IT APPEARS THAT AFTER YOU LEARNED THAT YOUR WIFE WAS ENDORSING THE CHECKS YOU FAILED TO NOTIFY THE GOVERNMENT UNTIL AFTER SEPTEMBER 19, 1951, SOME THREE YEARS AFTER THE ISSUANCE OF CHECK NO. 29,775,667, DATED AUGUST 3, 1948. INASMUCH AS YOU WERE LEGALLY OBLIGATED TO SUPPORT YOUR WIFE AND CHILD WHEN THE CHECKS IN QUESTION WERE NEGOTIATED, IT APPEARS THAT YOU RECEIVED THE BENEFITS OF THE PROCEEDS OF THESE CHECKS. SINCE THE SITUATION IS ONE WHICH MUST BE VIEWED AS A FAMILY MATTER, YOUR CLAIM IS ONE FOR ADJUSTMENT BETWEEN YOU AND YOUR ESTRANGED WIFE. HENCE, THERE IS NOT PRESENTED A CASE IN WHICH THE UNITED STATES SHOULD INTERVENE OR TAKE FURTHER ACTION.

IN THE LIGHT OF THE FOREGOING, THE ACTION PREVIOUSLY TAKEN IN DISALLOWING YOUR CLAIM MUST BE AND IS SUSTAINED.