B-75791, MAY 19, 1950

B-75791: May 19, 1950

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THE SECRETARY OF STATE: REFERENCE IS MADE TO LETTER OF APRIL 21. WHICH SUM WAS STOLEN FROM FUNDS UNDER HIS SUPERVISION WHILE FORMERLY EMPLOYED AS AGENT CASHIER. THE MATTER WAS THE SUBJECT OF DECISION DATED OCTOBER 4. ORIGINALLY WAS RECOMMENDED BY THE ACTING DEPUTY UNDER SECRETARY OF STATE IN LETTER DATED AUGUST 10. THE OBJECTIONS WHERETO ON THE BASIS OF THE THEN PRESENT RECORD ARE FULLY SET FORTH IN THE DECISION OF OCTOBER 4. IT APPEARS THAT THE OBJECTIONS HERETOFORE RAISED HAVE BEEN SATISFACTORILY EXPLAINED. THE REPORT CONTAINS AN ADMINISTRATIVE DETERMINATION THAT THE AGENT CASHIER USED REASONABLE CARE AND DILIGENCE IN THE MATTER AND THAT THE LOSS OCCURED WHILE HE WAS ACTING IN THE OFFICIAL DISCHARGE OF HIS DUTIES.

B-75791, MAY 19, 1950

PRECIS-UNAVAILABLE

THE HONORABLE, THE SECRETARY OF STATE:

REFERENCE IS MADE TO LETTER OF APRIL 21, 1950, DF/K, FROM THE DEPUTY UNDER SECRETARY OF STATE, ENCLOSING A COPY OF LETTER DATED DECEMBER 13, 1949, FROM MR. ROBERT B. KNAPP, AGENT CASHIER, DEPARTMENT OF STATE, REQUESTING THAT MR. KNAPP BE RELIEVED, UNDER THE PROVISIONS OF PUBLIC LAW 321, APPROVED AUGUST 1, 1947, 61 STAT. 720, OF LIABILITY IN THE AMOUNT OF $4,257.04, WHICH SUM WAS STOLEN FROM FUNDS UNDER HIS SUPERVISION WHILE FORMERLY EMPLOYED AS AGENT CASHIER, OFFICE OF WAR INFORMATION, COPENHAGEN, DENMARK. THE MATTER WAS THE SUBJECT OF DECISION DATED OCTOBER 4, 1949, B- 75791, TO YOU.

THE CIRCUMSTANCES SURROUNDING THE LESS OF THE FUNDS IN QUESTION FOR WHICH RELIEF UNDER PUBLIC LAW 321, SUPRA, ORIGINALLY WAS RECOMMENDED BY THE ACTING DEPUTY UNDER SECRETARY OF STATE IN LETTER DATED AUGUST 10, 1949, AND THE OBJECTIONS WHERETO ON THE BASIS OF THE THEN PRESENT RECORD ARE FULLY SET FORTH IN THE DECISION OF OCTOBER 4, 1949, AND NEED NOT BE REPEATED HEREIN.

CONSIDERING THE REPORT OF THE DEPUTY UNDER SECRETARY OF STATE IN THE LETTER OF APRIL 21, 1950, AND THE DETAILED EXPLANATION OF THE AGENT CASHIER CONTAINED IN THE ENCLOSURE THEREWITH, IT APPEARS THAT THE OBJECTIONS HERETOFORE RAISED HAVE BEEN SATISFACTORILY EXPLAINED, IT NOW APPEARING THAT THE LESS OF THE FUNDS IN QUESTION OCCURED DURING THE ABSENCE OF THE CUSTODY AND SAFEGUARDING OF THE FUNDS IN STRICT ACCORDANCE WITH ADMINISTRATIVELY APPROVED PLANS. ALSO, THE REPORT CONTAINS AN ADMINISTRATIVE DETERMINATION THAT THE AGENT CASHIER USED REASONABLE CARE AND DILIGENCE IN THE MATTER AND THAT THE LOSS OCCURED WHILE HE WAS ACTING IN THE OFFICIAL DISCHARGE OF HIS DUTIES.

ACCORDINGLY, SINCE IT APPEARS THAT THE CONDITIONS FOR ALLOWANCE OF RELIEF UNDER THE ACT OF AUGUST 1, 1947, 61 STAT. 720, HAVE BEEN SATISFIED, AND SINCE THERE IS NO INDICATION OF ANY FRAUD OR NEGLIGENCE ON THE PART OF THE AGENT CASHIER OR HIS SUBORDINATES, THE AGENT CASHIER WILL BE RELIEVED OF RESPONSIBILITY FOR THE LOSS OF THE FUNDS INVOLVED. ALSO, YOU ARE ADVISED THAT AN ADJUSTMENT WILL BE MADE IN THE COLLECTION RECORDS OF THIS OFFICE TO REFLECT THE RELIEF GRANTED.

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