B-147999, MAR. 6, 1962

B-147999: Mar 6, 1962

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WHILE THE REPORT STATES THAT THE EXAMINATION WAS CONDUCTED BECAUSE OF A REPORTED SHORTAGE. IT INDICATES THAT THE CONDITION OF THE RECORDS WAS SUCH THAT IT WAS IMPOSSIBLE TO OBTAIN ANY EVIDENCE TO SUPPORT THE EXISTENCE OF A SHORTAGE. WE HAVE BEEN ADVISED INFORMALLY BY THE DEPARTMENT OF JUSTICE THAT MR. BORRA IS A VERY COMPETENT EXAMINER AND THAT FULL RELIANCE MAY BE PLACED ON HIS REPORT. WE WERE FURTHER ADVISED THAT THE DEPARTMENT OF JUSTICE DOES NOT BELIEVE CRIMINAL ACTION TO BE WARRANTED AND DOES NOT CONTEMPLATE FURTHER ACTION IN THE MATTER. THAT PROPER ACCOUNTING PROCEDURES ARE BEING ESTABLISHED TO PREVENT A RECURRENCE.

B-147999, MAR. 6, 1962

TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS:

YOUR LETTER OF DECEMBER 21, 1961, TRANSMITTED A COPY OF A REPORT DATED OCTOBER 12, 1961, BY DEPARTMENT OF JUSTICE EXAMINER JAMES C. BORRA ON THE OFFICE OF UNITED STATES COMMISSIONER AT ANCHORAGE, ALASKA, AND REQUESTED ADVICE AS TO WHETHER FURTHER ACTION SHOULD BE TAKEN.

WHILE THE REPORT STATES THAT THE EXAMINATION WAS CONDUCTED BECAUSE OF A REPORTED SHORTAGE, IT INDICATES THAT THE CONDITION OF THE RECORDS WAS SUCH THAT IT WAS IMPOSSIBLE TO OBTAIN ANY EVIDENCE TO SUPPORT THE EXISTENCE OF A SHORTAGE. THE REPORT DESCRIBES THE CONDITION OF THE RECORDS AS ,SHOCKING.' WE HAVE BEEN ADVISED INFORMALLY BY THE DEPARTMENT OF JUSTICE THAT MR. BORRA IS A VERY COMPETENT EXAMINER AND THAT FULL RELIANCE MAY BE PLACED ON HIS REPORT. WE WERE FURTHER ADVISED THAT THE DEPARTMENT OF JUSTICE DOES NOT BELIEVE CRIMINAL ACTION TO BE WARRANTED AND DOES NOT CONTEMPLATE FURTHER ACTION IN THE MATTER; BUT THAT PROPER ACCOUNTING PROCEDURES ARE BEING ESTABLISHED TO PREVENT A RECURRENCE.

IN VIEW OF THE ABOVE AND OF THE APPARENT IMPOSSIBILITY OF OBTAINING UNSUFFICIENT EVIDENCE TO SUPPORT ANY COLLECTION ACTION AGAINST THE VARIOUS COMMISSIONERS AND THEIR SURETIES, OR EVEN TO OBTAIN ADEQUATE EVIDENCE THAT A SHORTAGE ACTUALLY EXISTS, NO FURTHER ACTION NEED BE TAKEN.