B-142287, B-146266, OCT. 31, 1962

B-142287, B-146266, OCT. 31, 1962

TO MR. DONN PAUL MEDALIE:

YOUR LETTER OF JULY 16, 1962, ASKS THAT WE REVIEW THE FACTS AND CIRCUMSTANCES OF YOUR CASE AND DETERMINE WHETHER YOU ARE ENTITLED TO THE RETURN OF THE SUM OF $3,014.58 WHICH WAS WITHHELD FROM AMOUNTS DUE YOU ON NOVEMBER 1, 1960, WHEN THE DEPARTMENT OF COMMERCE SEPARATED YOU FROM YOUR POSITION AS EXHIBIT MANAGER, EXHIBIT OPERATIONS DIVISION, OFFICE OF INTERNATIONAL TRADE FAIRS.

YOU SAY YOU BELIEVE YOU ARE ENTITLED TO THE RETURN OF THE FOREGOING SUM BECAUSE (1) WE HAVE WITHDRAWN THE EXCEPTIONS WE TOOK AGAINST CERTAIN VOUCHERS BEARING YOUR SIGNATURE AS ORDERING AND RECEIVING OFFICER, AND (2) THE DEPARTMENT OF JUSTICE HAS DETERMINED IT WILL TAKE NO FURTHER ACTION IN YOUR CASE.

THE RECORD SHOWS THAT THE DEPARTMENT OF COMMERCE REPORTED TO US CERTAIN FISCAL IRREGULARITIES ON YOUR PART, INVOLVING SIX DIFFERENT VOUCHERS, AMOUNTING TO $3,014.58. THESE IRREGULARITIES, THE RECORD SHOW, INVOLVED OVERSTATED INVOICES AND FAILURE TO PROPERLY AND FULLY ACCOUNT FOR GOVERNMENT FUNDS IN THE AMOUNT OF $3,014.58 ENTRUSTED TO YOU. UPON OUR RECEIPT OF THE REPORT FROM THE DEPARTMENT OF COMMERCE CONCERNING THIS MATTER, AND SINCE THE STATUTE OF LIMITATIONS COVERING A 3-YEAR PERIOD, 31 U.S.C. 82I, ON THE ASSERTION OF EXCEPTIONS WAS RUNNING OUT, WE, FOR THE PROTECTION OF THE INTERESTS OF THE GOVERNMENT WERE REQUIRED TO ISSUE OUR EXCEPTIONS. WE ISSUED THE EXCEPTIONS BASED UPON THE INFORMATION CONTAINED IN THE REPORTS RECEIVED FROM THE DEPARTMENT OF COMMERCE. THESE REPORTS SHOW IN DETAIL THE FISCAL IRREGULARITIES FOUND AND SHOW AS WELL THAT YOU CONTEND THAT IN NO INSTANCE WAS ANY OF THE $3,014.58 EVER USED FOR YOUR BENEFIT BUT RATHER IN THE INTEREST OF AND FOR THE BENEFIT OF THE UNITED STATES IN YOUR EFFORTS TO ATTAIN THE BEST POSSIBLE PROMOTION AND OPERATION OF THE TRADE FAIRS YOU MANAGED. THE RECORD ALSO SHOWS THAT THE DEPARTMENT OF JUSTICE ADVISED THE DEPARTMENT OF COMMERCE THAT CONDITIONED UPON THE DEPARTMENT OF COMMERCE RETAINING THE SUM OF $3,014.58 FROM THE MONEYS DUE YOU UPON SEPARATION CIVIL SUIT AGAINST YOU WOULD NOT BE INSTITUTED. SUBSEQUENTLY, UPON BEING NOTIFIED BY THE DEPARTMENT OF COMMERCE THAT THE AMOUNTS OWING THE GOVERNMENT HAD BEEN DEPOSITED TO THE PROPER APPROPRIATIONS, MAKING THE GOVERNMENT WHOLE IN THIS MATTER, OUR OFFICE WITHDREW THE EXCEPTIONS AGAINST THE ACCOUNTABLE OFFICERS.

WE NOTE THAT THE RECORD ALSO SHOWS THAT THE UNITED STATES CIVIL SERVICE COMMISSION, IN RESPONSE TO YOUR REQUEST, HAS DETERMINED THAT IRRESPECTIVE OF THE ACTION TAKEN BY THE DEPARTMENT OF COMMERCE IN CONNECTION WITH THE MATTERS HERE INVOLVED THAT YOU ARE ELIGIBLE FOR FURTHER FEDERAL EMPLOYMENT IF YOU DESIRE TO SEEK SUCH EMPLOYMENT. HOWEVER, IN VIEW OF THE REPORTED FACTS AND SINCE THE DEPARTMENT OF JUSTICE DECLINED TO INSTITUTE CIVIL SUIT AGAINST YOU UPON THE CONDITION THAT THE DEPARTMENT OF COMMERCE RETAIN THE SUM OF $3,014.58 TO REIMBURSE THE GOVERNMENT FOR THE FUNDS THAT DEPARTMENT FOUND YOU FAILED TO SATISFACTORILY ACCOUNT FOR, NO BASIS EXISTS, UPON THIS PRESENT RECORD, FOR ALLOWING YOUR CLAIM FOR THE RETURN OF THE FOREGOING AMOUNT.