B-213721, JAN 31, 1984, OFFICE OF GENERAL COUNSEL

B-213721: Jan 31, 1984

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WAS THE VICTIM OF AN ARMED ROBBERY AT THE CASHIER'S WINDOW OF THE VETERANS ADMINISTRATION MEDICAL CENTER. THE VETERANS ADMINISTRATION HAS FOUND AND DETERMINED THAT THE ROBBERY WAS NOT THE RESULT OF FAULT OR NEGLIGENCE ON THE PART OF THE CASHIER. YOU HAVE RECOMMENDED THAT WE GRANT RELIEF. THE COMPTROLLER GENERAL CAN RELIEVE AN ACCOUNTABLE OFFICER OF LIABILITY UNDER SECTION 3527 WHEN MONEY IS TAKEN IN A ROBBERY PROVIDED THERE IS CONCRETE EVIDENCE THAT A THEFT OCCURRED. THERE IS NO FAULT OR NEGLIGENCE ON THE PART OF THE ACCOUNTABLE OFFICER CONTRIBUTING TO THE THEFT. WE HAVE IN SIMILAR CIRCUMSTANCES GRANTED RELIEF FROM LIABILITY.

B-213721, JAN 31, 1984, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

MR. CONRAD R. HOFFMAN, DIRECTOR, OFFICE OF BUDGET AND FINANCE, VETERANS ADMINISTRATION:

THIS RESPONDS TO YOUR REQUEST UNDER 31 U.S.C. SEC. 3527 FOR RELIEF OF SHARON J. BURROWS FROM LIABILITY FOR LOSS OF FUNDS IN THE AMOUNT OF $7,725. FOR THE REASONS STATED BELOW, WE GRANT RELIEF.

THE AGENT CASHIER, MS. SHARON J. BURROWS, WAS THE VICTIM OF AN ARMED ROBBERY AT THE CASHIER'S WINDOW OF THE VETERANS ADMINISTRATION MEDICAL CENTER, SALT LAKE CITY, ON JANUARY 29, 1982. THE FBI, IN CONJUNCTION WITH LOCAL POLICE, CONDUCTED AN INVESTIGATION WHICH LED TO THE CONVICTION AND SENTENCING OF THE ROBBER.

THE VETERANS ADMINISTRATION HAS FOUND AND DETERMINED THAT THE ROBBERY WAS NOT THE RESULT OF FAULT OR NEGLIGENCE ON THE PART OF THE CASHIER. ALSO, YOU HAVE RECOMMENDED THAT WE GRANT RELIEF.

AS YOU KNOW, UPON THE PROPER RECOMMENDATION, THE COMPTROLLER GENERAL CAN RELIEVE AN ACCOUNTABLE OFFICER OF LIABILITY UNDER SECTION 3527 WHEN MONEY IS TAKEN IN A ROBBERY PROVIDED THERE IS CONCRETE EVIDENCE THAT A THEFT OCCURRED; OFFICIAL INVESTIGATIONS PRODUCE NO EVIDENCE IMPLICATING THE ACCOUNTABLE OFFICER, AND THERE IS NO FAULT OR NEGLIGENCE ON THE PART OF THE ACCOUNTABLE OFFICER CONTRIBUTING TO THE THEFT. WE HAVE IN SIMILAR CIRCUMSTANCES GRANTED RELIEF FROM LIABILITY. SEE B-201126, JANUARY 27, 1981. ACCORDINGLY, WE CONCUR WITH THE ADMINISTRATIVE DETERMINATION AND GRANT RELIEF FROM LIABILITY TO SHARON BURROWS UNDER THE PROVISIONS OF 31 U.S.C. SEC. 3527.