B-147909, JAN. 22, 1962

B-147909: Jan 22, 1962

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POPP: REFERENCE IS MADE TO YOUR CLAIM AGAINST THE UNITED STATES IN THE AMOUNT OF $5. WHICH WAS RECEIVED HERE DECEMBER 28. IS FOR DAMAGES ALLEGEDLY SUSTAINED AS THE RESULT OF A TAX AND SECURITIES CONSPIRACY ENGINEERED BY NON FEDERAL PERSONS IN WHICH YOU AVER CERTAIN AGENTS AND OFFICIALS OF THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION PARTICIPATED. THERE HAVE BEEN MANY INSTANCES OF MALICIOUS AND INTENTIONAL CONDUCT ON THEIR PART THAT HAVE DEPRIVED YOU OF YOUR RIGHTS AND HAVE BARRED YOU IN CERTAIN CAUSES OF ACTION. THE FEDERAL GOVERNMENT IS NOT LIABLE FOR TORTS COMMITTED IN ITS SERVICE BY ITS OFFICERS AND EMPLOYEES UNLESS IT CONSENTS TO SUCH LIABILITY. THE HEAD OF EACH FEDERAL AGENCY IS GIVEN EXCLUSIVE AUTHORITY TO CONSIDER AND SETTLE CLAIMS FOR MONEY DAMAGES OF $2.

B-147909, JAN. 22, 1962

TO MR. ARTHUR G. POPP AND MRS. DOROTHE H. POPP:

REFERENCE IS MADE TO YOUR CLAIM AGAINST THE UNITED STATES IN THE AMOUNT OF $5,343,500, TOGETHER WITH COSTS AND DISBURSEMENTS, WHICH WAS RECEIVED HERE DECEMBER 28, 1961.

THE CLAIM, WHICH SOUNDS IN TORT, IS FOR DAMAGES ALLEGEDLY SUSTAINED AS THE RESULT OF A TAX AND SECURITIES CONSPIRACY ENGINEERED BY NON FEDERAL PERSONS IN WHICH YOU AVER CERTAIN AGENTS AND OFFICIALS OF THE INTERNAL REVENUE SERVICE AND THE SECURITIES AND EXCHANGE COMMISSION PARTICIPATED. YOU STATE THAT WHILE SOME ALLEGED ERRORS OF THE SECURITIES AND EXCHANGE COMMISSION AND THE INTERNAL REVENUE SERVICE RESULTED FROM THE NEGLIGENCE OF CERTAIN AGENTS AND OFFICIALS OF THESE AGENCIES, THERE HAVE BEEN MANY INSTANCES OF MALICIOUS AND INTENTIONAL CONDUCT ON THEIR PART THAT HAVE DEPRIVED YOU OF YOUR RIGHTS AND HAVE BARRED YOU IN CERTAIN CAUSES OF ACTION.

UNDER THE DOCTRINE OF SOVEREIGN IMMUNITY, THE FEDERAL GOVERNMENT IS NOT LIABLE FOR TORTS COMMITTED IN ITS SERVICE BY ITS OFFICERS AND EMPLOYEES UNLESS IT CONSENTS TO SUCH LIABILITY. SUCH CONSENT HAS BEEN GIVEN IN REGARD TO CERTAIN TORT CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT OF 1946, 28 U.S.C. 2671-2680. UNDER THE PROVISIONS OF THE ACT, THE HEAD OF EACH FEDERAL AGENCY IS GIVEN EXCLUSIVE AUTHORITY TO CONSIDER AND SETTLE CLAIMS FOR MONEY DAMAGES OF $2,500 OR LESS. (SEE 28 U.S.C. 2672.) EXCLUSIVE JURISDICTION OF CIVIL ACTIONS ON CLAIMS FOR MONEY DAMAGES OVER THAT AMOUNT IS VESTED IN THE FEDERAL DISTRICT COURTS. (SEE 28 U.S.C. 1346 (B) .) CONSEQUENTLY, THIS OFFICE HAS NO JURISDICTION UNDER THE ACT WITH RESPECT TO TORT CLAIMS ARISING IN ANY FEDERAL AGENCY OTHER THAN THE GENERAL ACCOUNTING OFFICE.

FURTHERMORE, UNDER 31 U.S.C. 236, WHICH AUTHORIZES THE REPORTING TO CONGRESS OF MERITORIOUS CLAIMS ASSERTED AGAINST THE UNITED STATES, WE MAY CONSIDER ONLY SUCH CLAIMS AS ARE PROPERLY WITHIN OUR STATUTORY CLAIMS SETTLEMENT JURISDICTION BUT WHICH MAY NOT BE PAID BECAUSE OF THE LACK OF STATUTORY LAW AUTHORIZING PAYMENT THEREOF OR APPROPRIATIONS AVAILABLE THEREFOR. 34 COMP. GEN. 490. CONSEQUENTLY, BECAUSE CLAIMS SOUNDING IN TORT ARE NOT WITHIN THE SETTLEMENT JURISDICTION OF THIS OFFICE, THEY DO NOT FALL WITHIN THE CLASS OF CLAIMS COMPREHENDED BY 31 U.S.C. 236. COMP. GEN. 406; 16 ID. 642.

ACCORDINGLY, WE MAY NOT CONSIDER YOUR CLAIM OR REPORT IT TO CONGRESS AS A MERITORIOUS CLAIM PURSUANT TO 31 U.S.C. 236.