B-142963, JUN. 2, 1960

B-142963, JUN. 2, 1960

TO MRS. BEATRICE A. PARKER:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 15, 1960, TO THE TREASURY DEPARTMENT, WHICH WAS FORWARDED TO OUR OFFICE, RELATIVE TO YOUR CLAIM FOR THE PROCEEDS OF CHECK NO. 21,444,390, FOR $194.16, DRAWN TO YOUR ORDER ON APRIL 19, 1950, SYMBOL 402. YOUR CLAIM WAS DISALLOWED BY OUR SETTLEMENT DATED OCTOBER 1, 1959, PURSUANT TO THE PROVISIONS OF SECTION 2 OF THE ACT OF JUNE 22, 1926, 44 STAT. 761, 31 U.S.C. 122, WHICH SECTION WAS SUSTAINED BY OFFICE LETTER DATED DECEMBER 14, 1959.

SECTION 2 OF THE ACT OF JUNE 22, 1926, PROVIDED:

"ALL CLAIMS ON ACCOUNT OF ANY CHECK, CHECKS, WARRANT, OR WARRANTS APPEARING TO HAVE BEEN PAID SHALL BE BARRED IF NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK, CHECKS, WARRANT, OR WARRANTS INVOLVED.'

YOUR CLAIM WAS DISALLOWED BECAUSE OUR RECORDS REVEALED THAT THE CHECK HAD BEEN NEGOTIATED AND PAID BY THE TREASURER OF THE UNITED STATES AND A CLAIM THEREFOR HAD NOT BEEN PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK.

YOU STATE THAT YOU FILED A CLAIM IN 1951, AND IN 1957. A CLAIM NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE DATE OF ISSUANCE OF THE CHECK IS BARRED BY THE SIX YEAR STATUTE OF LIMITATIONS UNDER THE ACT. SINCE THE ACT OF JUNE 22, 1926, SPECIFICALLY PROVIDED THAT A CLAIM ON A CHECK WHICH IS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS AFTER THE ISSUANCE OF THE CHECK IS BARRED, FILING THE CLAIM WITH AN ADMINISTRATIVE AGENCY OR OTHER DEPARTMENT OF THE GOVERNMENT WOULD NOT TOLL THE SIX YEAR STATUTE OF LIMITATIONS. ALTHOUGH SECTION 2 OF THE ACT OF JUNE 22, 1926, WAS AMENDED BY SECTION 3 (A) OF THE ACT OF AUGUST 28, 1957, 71 STAT. 464, TO PERMIT SUCH CLAIMS TO BE FILED WITH THE TREASURY DEPARTMENT AS WELL AS THE GENERAL ACCOUNTING OFFICE, THE AMENDMENT DOES NOT APPLY TO YOUR CLAIM BECAUSE THE AMENDMENT WAS PASSED AFTER THE SIX YEAR STATUTE OF LIMITATIONS HAD RUN ON THE CHECK.

YOU ALSO STATE THAT YOU DID NOT RECEIVE THE PROCEEDS OF THE CHECK AND THAT THE CHECK WAS FORGED AND CASHED BY SOME UNKNOWN PERSON. THE CHECK, DUE TO ITS AGE, WAS DESTROYED PURSUANT TO LAW, AND IS NOT AVAILABLE FOR EXAMINATION OF ITS INDORSEMENTS. EVEN IF IT WERE CONCLUSIVELY ESTABLISHED THAT THE CHECK WAS CASHED ON A FORGED INDORSEMENT OF YOUR NAME, YOUR CLAIM COULD NOT BE ALLOWED SINCE THE STATUTE SPECIFICALLY PROVIDES THAT A CLAIM WHICH IS NOT PRESENTED TO THE GENERAL ACCOUNTING OFFICE WITHIN SIX YEARS FROM THE DATE OF ISSUANCE OF THE CHECK IS BARRED. OUR OFFICE HAS NO AUTHORITY TO WAIVE THESE STATUTORY PROVISIONS OF LAW.

ACCORDINGLY, UNDER THE FACTS AND LAW APPLICABLE TO YOUR CASE, OUR SETTLEMENT OF OCTOBER 1, 1959, IS CORRECT AND MUST BE SUSTAINED, AND WE ARE WITHOUT AUTHORITY TO FURTHER CONSIDER YOUR CLAIM.