B-154632, AUG. 4, 1964

B-154632: Aug 4, 1964

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THE OFFER WAS SUBMITTED TO THIS OFFICE UNDER THE PROVISIONS OF 39 U.S.C. 2401 (B). HADLEY WAS APPREHENDED ON DECEMBER 11. 000 WAS RECOVERED FROM A SPOT IN THE ATTIC OF HIS HOME WHICH HE POINTED OUT TO INVESTIGATORS. THREE POUCHES CONTAINING REGISTERED AND ORDINARY MAIL WERE STOLEN FROM THE IOWA CITY POST OFFICE AT TIMES WHEN MR. HADLEY WAS ON HAND AND HAD ACCESS TO THE POUCHES. 462.10 WAS PAID ON REGISTERED MAIL FROM THESE POUCHES AND CURRENCY FROM ORDINARY MAIL IN THESE POUCHES OR IN MAIL WHICH MR. 459.34 IS BELIEVED CHARGEABLE TO HIS THEFTS. IT IS THE POSITION OF THE FINANCE OFFICER THAT THE COMPROMISE OFFER SHOULD BE ACCEPTED. HADLEY'S GUILT IN THE THEFT OF THE MAIL HERE INVOLVED CONSISTS OF HIS STATEMENT THAT HE WOULD ATTEMPT TO REPAY IT AFTER HIS RELEASE FROM PRISON AND THE FACT THAT HE WAS PRESENT AND HAD ACCESS TO THE MISSING POUCHES WHEN STOLEN.

B-154632, AUG. 4, 1964

TO THE POSTMASTER GENERAL:

A LETTER DATED JUNE 30, 1964, FROM THE FINANCE OFFICER, BUREAU OF FINANCE AND ADMINISTRATION, POST OFFICE DEPARTMENT, HAS BEEN RECEIVED. CONCERNS A COMPROMISE OFFER BY THE PEERLESS INSURANCE COMPANY OF 50 PERCENT OF AN INDEBTEDNESS OF $2,459.34 BECAUSE OF THE THEFT OF MAIL MATTER BY EDWARD R. HADLEY, CONTRACTOR FOR STAR ROUTE NO. 18245. THE OFFER WAS SUBMITTED TO THIS OFFICE UNDER THE PROVISIONS OF 39 U.S.C. 2401 (B).

THE FILE SUBMITTED WITH THE LETTER DISCLOSES THAT MR. HADLEY WAS APPREHENDED ON DECEMBER 11, 1961, FOR THE THEFT OF A POUCH HOLDING REGISTER NO. 97807 CONTAINING $10,000 IN CURRENCY. HE ADMITTED STEALING THE POUCH FROM THE DOCK OF THE IOWA CITY, IOWA POST OFFICE AND THE FULL $10,000 WAS RECOVERED FROM A SPOT IN THE ATTIC OF HIS HOME WHICH HE POINTED OUT TO INVESTIGATORS. IN A STATEMENT SIGNED BY MR. HADLEY AT THE TIME OF HIS ARREST HE ADMITTED THIS THEFT AND THE THEFT OF MANY LETTERS CONTAINED IN POUCHES FROM MUSCATINE, IOWA, WHICH HE PICKED UP AT THE WEST LIBERTY, IOWA POST OFFICE AND CARRIED TO THE IOWA CITY POST OFFICE. THIS STATEMENT HE SAID HE HAD NEVER STOLEN ANY OTHER MAIL MATTER.

THE INDEBTEDNESS HERE INVOLVED ARISES FROM OTHER THEFTS WHICH INVESTIGATORS FEEL MR. HADLEY PROBABLY COMMITTED. THREE POUCHES CONTAINING REGISTERED AND ORDINARY MAIL WERE STOLEN FROM THE IOWA CITY POST OFFICE AT TIMES WHEN MR. HADLEY WAS ON HAND AND HAD ACCESS TO THE POUCHES. INDEMNITY OF $2,462.10 WAS PAID ON REGISTERED MAIL FROM THESE POUCHES AND CURRENCY FROM ORDINARY MAIL IN THESE POUCHES OR IN MAIL WHICH MR. HADLEY ADMITTED TAKING AMOUNTS TO $106.50, FOR TOTAL OF $2,568.60. AFTER SETTING OFF UNPAID COMPENSATION OF $109.26 DUE MR. HADLEY AT HIS ARREST A TOTAL OF $2,459.34 IS BELIEVED CHARGEABLE TO HIS THEFTS. MR. HADLEY, IN A LETTER WRITTEN WHILE IMPRISONED AT THE FEDERAL CORRECTIONAL INSTITUTION, SANDSTONE, MINNESOTA, STATED THAT HE WOULD ATTEMPT TO WORK OUT A PLAN TO REPAY THIS AMOUNT IN MONTHLY INSTALLMENTS AFTER HIS RELEASE. IT IS THE POSITION OF THE FINANCE OFFICER THAT THE COMPROMISE OFFER SHOULD BE ACCEPTED.

THE EVIDENCE INDICATING MR. HADLEY'S GUILT IN THE THEFT OF THE MAIL HERE INVOLVED CONSISTS OF HIS STATEMENT THAT HE WOULD ATTEMPT TO REPAY IT AFTER HIS RELEASE FROM PRISON AND THE FACT THAT HE WAS PRESENT AND HAD ACCESS TO THE MISSING POUCHES WHEN STOLEN. THIS OFFICE HAS BEEN INFORMALLY ADVISED BY THE POST OFFICE DEPARTMENT THAT PROMISES TO REPAY AMOUNTS CHARGEABLE TO PERSONS ABOUT TO STAND TRIAL OR AWAITING PAROLE ARE VERY COMMON AND ARE OFTEN MADE IN THE HOPES OF RECEIVING LESSER PUNISHMENT. SINCE IN HIS STATEMENT WHEN ARRESTED MR. HADLEY DENIED ANY OTHER THEFTS THAN THOSE SPECIFICALLY ADMITTED, LITTLE RELIANCE CAN BE PLACED ON THE STATEMENT IN HIS LETTER. IN APPEARS THAT MR. HADLEY WAS ONE OF MANY PERSONS WITH ACCESS TO THE STOLEN POUCHES AND A POSTAL WORKER WAS ALSO UNDER SUSPICION.

BECAUSE THERE IS DOUBT THAT THIS EVIDENCE MEETS THE STANDARDS OF BOERNER V. UNITED STATES, 30 F.SUPP. 635, AFF. 117 F.2D 387, CERTIORARI DENIED, 313 U.S. 587, WE CONCUR IN THE VIEW THAT THE COMPROMISE OFFER SHOULD BE ACCEPTED. EFFORTS TO CONTACT MR. HADLEY CONCERNING HIS PROMISE TO REPAY, HOWEVER, SHOULD BE COMMENCED. A RELEASE OF A SURETY DOES NOT IN ANY WAY AFFECT A CREDITOR'S RIGHTS AGAINST THE PRINCIPAL DEBTOR. SEE STEARNS, LAW OF SURETYSHIP (ELDER'S ..END :