B-45375, NOVEMBER 10, 1944, 24 COMP. GEN. 372

B-45375: Nov 10, 1944

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1944: I HAVE YOUR LETTER OF OCTOBER 24. AS FOLLOWS: THERE IS TRANSMITTED HEREWITH A LETTER FROM THE COMMANDING OFFICER. IT WILL BE SEEN FROM THE ENCLOSURE THAT THIS PROPERTY HAS BEEN HELD AT THE U.S. THAT IT WAS SEIZED IN CONNECTION WITH THE GENERAL COURT MARTIAL CASE OF EVERETT G. WHO WAS CONVICTED OF THEFT. THAT THERE IS NO OTHER CLAIMANT FOR SUCH PROPERTY. YOUR DECISION IS REQUESTED AS TO THE PROPER DISPOSITION TO BE MADE OF THE UNCLAIMED CASH AND THE OTHER ARTICLES LISTED IN THE ENCLOSURE. IT WAS STATED IN DECISION OF MARCH 28. IT WAS STATED: THE TYPEWRITERS MAY BE ACCEPTED AT THIS TIME AS IN THE STATUS OF GOVERNMENT PROPERTY. THE ACCOUNTING FOR WHICH IS REQUIRED TO BE PURSUANT TO THE ACT OF MARCH 29.

B-45375, NOVEMBER 10, 1944, 24 COMP. GEN. 372

UNCLAIMED PRIVATE PROPERTY AND CASH RECOVERED FROM NAVY ENLISTED MAN CONVICTED OF THEFT - DISPOSITION UNCLAIMED PERSONAL PROPERTY RECOVERED FROM A NAVY ENLISTED MAN COURT MARTIALED AND CONVICTED OF THEFT SHOULD BE DISPOSED OF UNDER THE SAME RULES AND REGULATIONS AS SURPLUS GOVERNMENT PROPERTY AND THE PROCEEDS THEREOF, TOGETHER WITH ANY UNCLAIMED CASH RECOVERED FROM HIM, TREATED AS MISCELLANEOUS RECEIPTS UNDER THE PROVISIONS OF SECTIONS 3617 AND 3618, REVISED STATUTES.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE NAVY, NOVEMBER 10, 1944:

I HAVE YOUR LETTER OF OCTOBER 24, 1944 (FILE JAG:II:WJG:Z, MM-1O NEAL, EVERETT G./A17-20), AS FOLLOWS:

THERE IS TRANSMITTED HEREWITH A LETTER FROM THE COMMANDING OFFICER, U.S. NAVAL AIR STATION, OLATHE, KANSAS, DATED SEPTEMBER 14, 1944, WITH ENCLOSURE OF LIST OF UNCLAIMED PROPERTY, INCLUDING CASH IN THE AMOUNT OF $121.50 AND OTHER ARTICLES, REQUESTING INSTRUCTION AS TO THE PROPER DISPOSITION TO BE MADE THEREOF.

IT WILL BE SEEN FROM THE ENCLOSURE THAT THIS PROPERTY HAS BEEN HELD AT THE U.S. NAVAL AIR STATION, OLATHE, KANSAS, SINCE OCTOBER 28, 1943; THAT IT WAS SEIZED IN CONNECTION WITH THE GENERAL COURT MARTIAL CASE OF EVERETT G. O-NEAL, SEAMAN, SECOND CLASS, U.S. NAVAL RESERVE, WHO WAS CONVICTED OF THEFT; THAT O-NEAL DOES NOT CLAIM OWNERSHIP TO ANY OF SUCH PROPERTY, AND THAT THERE IS NO OTHER CLAIMANT FOR SUCH PROPERTY.

YOUR DECISION IS REQUESTED AS TO THE PROPER DISPOSITION TO BE MADE OF THE UNCLAIMED CASH AND THE OTHER ARTICLES LISTED IN THE ENCLOSURE, INCLUDING ANY PROCEEDS WHICH MIGHT BE DERIVED FROM THE SALE OF ANY OF SUCH ARTICLES.

IN A SOMEWHAT SIMILAR CASE INVOLVING FUNDS RECOVERED FROM AN EMPLOYEE CONVICTED OF THEFTS FROM OTHER EMPLOYEES AND GUESTS AT THE YOSEMITE NATIONAL PARK, IT WAS STATED IN DECISION OF MARCH 28, 1930, A 30997, AS FOLLOWS:

IN VIEW OF THE FACT THAT THE FUNDS IN QUESTION CAN NOT BE IDENTIFIED AS BELONGING TO ANYONE AND, THEREFORE, CAN NOT BE HELD IN TRUST TO TAKE CARE OF CLAIMS SUBMITTED THEREFOR, AND TAKING INTO CONSIDERATION, ALSO, THE FACT THAT SAID FUNDS CAME INTO THE POSSESSION OF MR. TOWNSLEY WHILE IN THE PERFORMANCE OF HIS OFFICIAL DUTIES, THEY PROPERLY MAY BE REGARDED AS MONEYS RECEIVED FOR THE USE OF THE UNITED STATES UNDER SECTION 3617, REVISED STATUTES, IN THE ENFORCEMENT OF NATIONAL PARK LAWS AND REGULATIONS, AND AS SUCH FOR DISPOSITION BY DEPOSITING AND COVERING INTO THE TREASURY AS MISCELLANEOUS RECEIPTS. * * *

IN DECISION OF MARCH 8, 1938, A-93053, WITH RESPECT TO THE DISPOSITION OF TWO TYPEWRITERS LEFT WITH THE CIVIL SERVICE COMMISSION BY PERSONS UNKNOWN, IT WAS STATED:

THE TYPEWRITERS MAY BE ACCEPTED AT THIS TIME AS IN THE STATUS OF GOVERNMENT PROPERTY, THE ACCOUNTING FOR WHICH IS REQUIRED TO BE PURSUANT TO THE ACT OF MARCH 29, 1894, 28 STAT. 47. SAID TYPEWRITERS MAY BE MADE THE SUBJECT OF AN EXCHANGE IN CONNECTION WITH THE PURCHASE OF NEW TYPEWRITERS, THE VALUE OF THE EXCHANGE TO BE ACCOUNTED FOR ACCORDINGLY; OR IF AT THIS TIME THEY APPARENTLY HAVE NO EXCHANGE VALUE THEY MAY BE PROPERLY DISPOSED OF AT A SALE AND THE PROCEEDS COVERED INTO THE TREASURY OF THE UNITED STATES PURSUANT TO SECTION 3618 OF THE REVISED STATUTES OF THE UNITED STATES.

SEE, ALSO, 3 COMP. GEN. 461; 10 ID. 27.

IN THE LIGHT OF THE DECISIONS ABOVE QUOTED, YOU ARE ADVISED THAT THE UNCLAIMED PERSONAL PROPERTY RECOVERED FROM THE SEAMAN CONVICTED OF THEFT, SHOULD BE DISPOSED OF UNDER THE SAME RULES AND REGULATIONS AS SURPLUS GOVERNMENT PROPERTY AND THE PROCEEDS THEREOF, TOGETHER WITH THE UNCLAIMED CASH, SHOULD BE DEPOSITED FOR COVERING INTO THE TREASURY OF THE UNITED STATES AS MISCELLANEOUS RECEIPTS UNDER THE PROVISIONS OF SECTIONS 3617 AND 3618, REVISED STATUTES.