B-76231, B-96285, JUN. 18, 1956

B-76231, B-96285, JUN. 18, 1956

TO HONORABLE H. V. HIGLEY, ADMINISTRATOR, VETERANS ADMINISTRATION:

REFERENCE IS MADE TO OUR LETTERS OF MARCH 19 AND MAY 24, 1951, TO THE FORMER ADMINISTRATOR OF VETERANS AFFAIRS RELATIVE TO THE INDEBTEDNESS TO THE UNITED STATES OF GLEN W. LEYDE, AN EMPLOYEE OF YOUR AGENCY, ARISING OUT OF JUDGMENT ENTERED AGAINST HIM IN MARCH 1950, IN THE SUM OF $5,708.91 PLUS INTEREST AND COSTS IN THE CASE OF UNITED STATES V. LEYDE AND LEYDE, 89 F.SUPP. 256.

IN OUR LETTER OF MAY 24, 1951, WE RECOMMENDED, IN VIEW OF THE REPRESENTATIONS AS TO MR. LEYDE'S THEN FINANCIAL CONDITION AND PENDING THE OUTCOME OF TWO SUITS FILED BY MR. LEYDE OR HIS ASSIGNEE IN THE COURT OF CLAIMS, CT.CLS. NOS. 49687 AND 49688, THAT NO FURTHER ACTION BE TAKEN ADMINISTRATIVELY TO EFFECT COLLECTION OF THE OUTSTANDING JUDGMENT. LETTER OF APRIL 23, 1956, COPY ATTACHED, THE DEPARTMENT OF JUSTICE ADVISES THAT THE COURT OF CLAIMS ACTION WAS DECIDED AGAINST MR. LEYDE AND IN FAVOR OF THE UNITED STATES ON ITS COUNTERCLAIM IN THE AMOUNT OF $913.35. SEE IN THIS CONNECTION THE COURT'S OPINION DATED MARCH 6, 1956, ON THE CONSOLIDATED CASES. THE DEPARTMENT REQUESTS ANY ASSISTANCE WHICH MAY BE POSSIBLE IN COLLECTING THE JUDGMENT.

WE HAVE BEEN ADVISED INFORMALLY THAT MR. LEYDE'S MOTION FOR A NEW TRAIL WAS DENIED BUT THAT THE GOVERNMENT'S SIMILAR MOTION ON THE GROUND THAT A GREATER AMOUNT SHOULD HAVE BEEN ALLOWED ON THE COUNTERCLAIM WAS ALLOWED.

WE NOW RECOMMEND THAT ACTION BE TAKEN ADMINISTRATIVELY TO INSURE PAYMENT OF THE INDEBTEDNESS BY MR. LEYDE AND THAT STEPS BE TAKEN TO PRECLUDE THE RECEIPT BY HIM OF ANY LUMP-SUM PAYMENT OF LEAVE, FINAL PAY, OR RETIREMENT CREDITS WHICH MAY BECOME DUE HIM SHOULD HE LEAVE THE GOVERNMENT SERVICE WITHOUT LIQUIDATING HIS INDEBTEDNESS. SEE 29 COMP. GEN. 93; ID. 99.

THE DEPARTMENT OF JUSTICE IS BEING FURNISHED A COPY OF THIS LETTER FOR ITS INFORMATION.