B-148437, MAR. 30, 1962

B-148437: Mar 30, 1962

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THESE DEDUCTIONS WERE MADE INCIDENT TO YOUR EMPLOYMENT BY THE FEDERAL GOVERNMENT. THE CITED ACT BARS CLAIMS ON CHECKS APPEARING TO HAVE BEEN PAID IF CLAIM IS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE OR TREASURER OF THE UNITED STATES "WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE * * * CHECKS * * * INVOLVED.'. YOUR REPORT OF NONRECEIPT OF THE CHECKS WAS RECEIVED IN THE TREASURY DEPARTMENT ON JANUARY 25. WHICH WAS IN EXCESS OF SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECKS. HE POINTS OUT THAT YOU MAINTAIN THAT THE CHECKS WERE FORGED AND ASKED TO BE ADVISED IF IT WOULD BE POSSIBLE TO CHECK FURTHER INTO EXISTING RECORDS TO ASCERTAIN WHAT. YOU WERE EMPLOYED BY THE NAVY YARD AT BROOKLYN.

B-148437, MAR. 30, 1962

TO MR. ANDREW J. ZIELENSKI:

ON MARCH 12, 1962, MR. LEON S. WOLK OF THE LAW OFFICES OF BASILE, DELCHOP AND WOLK WROTE TO OUR OFFICE IN YOUR BEHALF CONCERNING OUR SETTLEMENT ACTION Z-2113113, JUNE 29, 1961. BY THAT ACTION, ON THE BASIS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, AS AMENDED, 31 U.S.C. 122, OUR OFFICE DENIED YOUR CLAIM FOR THE PROCEEDS OF TWO CHECKS ISSUED AS REFUND OF RETIREMENT DEDUCTIONS MADE FROM YOUR SALARY. THESE DEDUCTIONS WERE MADE INCIDENT TO YOUR EMPLOYMENT BY THE FEDERAL GOVERNMENT. THE CITED ACT BARS CLAIMS ON CHECKS APPEARING TO HAVE BEEN PAID IF CLAIM IS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE OR TREASURER OF THE UNITED STATES "WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE * * * CHECKS * * * INVOLVED.' YOUR REPORT OF NONRECEIPT OF THE CHECKS WAS RECEIVED IN THE TREASURY DEPARTMENT ON JANUARY 25, 1960, WHICH WAS IN EXCESS OF SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECKS.

IN HIS LETTER ON YOUR BEHALF, MR. WOLK CONTENDS, IN EFFECT, THAT THE SIX YEAR STATUTE OF LIMITATIONS CANNOT COMMENCE TO RUN UNTIL THERE HAS BEEN AN ACTUAL DISCOVERY OF FORGERY. HE POINTS OUT THAT YOU MAINTAIN THAT THE CHECKS WERE FORGED AND ASKED TO BE ADVISED IF IT WOULD BE POSSIBLE TO CHECK FURTHER INTO EXISTING RECORDS TO ASCERTAIN WHAT, IF ANY, RELIEF CAN BE EXTENDED TO YOU.

THE EXISTING RECORD THAT PERTAINS TO THIS MATTER CONTAINS THE FOLLOWING INFORMATION. DURING THE PERIODS SEPTEMBER 3, 1940, TO JULY 5, 1946, AND AUGUST 25, 1948, TO JANUARY 17, 1949, YOU WERE EMPLOYED BY THE NAVY YARD AT BROOKLYN, NEW YORK. RETIREMENT DEDUCTIONS WERE MADE FROM YOUR SALARY. ON FEBRUARY 4, 1949, AN APPLICATION FOR REFUND OF RETIREMENT DEDUCTIONS WAS SUBMITTED TO THE UNITED STATES CIVIL SERVICE COMMISSION. THE EXAMINER OF QUESTIONED DOCUMENTS OF THE TREASURY DEPARTMENT HAS RENDERED THE OPINION THAT THE SIGNATURE ON THE APPLICATION FOR REFUND WAS WRITTEN BY YOU. ON MARCH 4, 1949, THE UNITED STATES CIVIL SERVICE COMMISSION RECEIVED A HANDWRITTEN LETTER FROM YOU WHICH, IN EFFECT, REQUESTED THAT YOUR APPLICATION FOR REFUND BE EXPEDITED. ON MARCH 24, 1949, TREASURY CHECK NO. 79,117,379 IN THE AMOUNT OF $954.33 WAS ISSUED IN YOUR NAME. THIS CHECK REPRESENTED THE DEDUCTIONS WITHHELD FROM YOUR SALARY DURING YOUR FIRST PERIOD OF EMPLOYMENT. ON MAY 17, 1949, A SECOND CHECK, TREASURY CHECK NO. 80,116,105, IN THE AMOUNT OF $75.36 WAS ISSUED TO YOU. THAT CHECK REPRESENTED DEDUCTIONS MADE FROM YOUR SALARY DURING THE LAST PERIOD OF YOUR EMPLOYMENT. BOTH CHECKS WERE NEGOTIATED AND PAID IN DUE COURSE AND SUBSEQUENTLY WERE DESTROYED PURSUANT TO LAW.

WITH REGARD TO THE CONTENTION OF MR. WOLK THAT THE STATUTE OF LIMITATIONS DOES NOT RUN UNTIL THERE HAS BEEN AN ACTUAL DISCOVERY OF FORGERY, SUFFICE IT TO SAY THAT THE LAW CODIFIED AT 31 U.S.C. 122 IS EXPLICIT IN PROVIDING THAT THE DATE OF ISSUANCE OF THE CHECKS IS THE COMMENCING DATE OF THE SIX- YEAR PERIOD.

AS TO RELIEF THAT MIGHT BE EXTENDED TO YOU, THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE OFFICERS AND EMPLOYEES OF THE EXECUTIVE BRANCH OF THE GOVERNMENT; HENCE, OUR DECISIONS ARE NOT APPEALABLE TO ANY OTHER GOVERNMENT AGENCY. ALSO, AND ASIDE FROM THE FACT THAT THE LAW CODIFIED AT 31 U.S.C. 122, IS BINDING ON THE COURTS AS WELL AS THIS OFFICE, THE LAW CODIFIED AT 28 U.S.C. 2401 AND 2501 WOULD SEEM TO PRECLUDE DETERMINATION OF THE MATTER IN THE FEDERAL COURTS IF YOU DESIRED TO SEEK REMEDY THERE.

IN SUMMARY, A COMPLETE REVIEW OF THE RECORD BEFORE OUR OFFICE HAS BEEN MADE AND NOTHING IN THAT RECORD AFFORDS A BASIS OF REVERSAL OF OUR PREVIOUS ACTIONS IN THE MATTER. MOREOVER, IT APPEARS FROM THE RECORD THAT NOTHING FURTHER CAN BE DONE IN YOUR BEHALF WHICH WILL RESULT IN THE RELIEF THAT IS SOUGHT.