B-226695, Sep 1, 1987, Office of General Counsel
Highlights
Is liable for loss resulting from an armed robbery. Relief is granted since messenger was acting in his official capacity and was not implicated in the robbery. Relief is granted. Relief from liability for this loss was previously granted to Ms. De Martino was robbed by two men riding a motorcycle. We granted relief although it was not clear from the record whether Ms. De Martino was an accountable officer because in his capacity as a messenger he was in actual possession of government funds. De Martino was liable for the amount of the loss unless relieved. The record indicates that the loss was the result of an armed robbery which took place while Mr. De Martino was performing his official function.
B-226695, Sep 1, 1987, Office of General Counsel
APPROPRIATIONS/FINANCIAL MANAGEMENT - Accountable Officers - Liability - Debt collection APPROPRIATIONS/FINANCIAL MANAGEMENT - Accountable Officers - Relief Physical losses - Theft DIGEST: Messenger, while in actual possession of government funds, is liable for loss resulting from an armed robbery. Relief is granted since messenger was acting in his official capacity and was not implicated in the robbery.
Marilyn G. Wagner, Esq.:
This replies to your letter of August 6, 1987, requesting that we grant relief to Mr. Ciro De Martino, a Department of Commerce (Department) employee/messenger at the American Consulate in Milan, Italy, under 31 U.S.C. Sec. 3527, for a loss of $5,787.85 from the Department's imprest funds. For the reasons stated below, relief is granted.
Relief from liability for this loss was previously granted to Ms. Graziella Cortese, the cashier charged with the responsibility for the imprest fund. B-226695, May 26, 1987. Ms. Cortese had given Mr. De Martino two government checks to be cashed in order to replenish her imprest fund. Upon leaving the bank, Mr. De Martino was robbed by two men riding a motorcycle.
In our previous decision, we granted relief although it was not clear from the record whether Ms. Cortese remained accountable after giving responsibility for the funds to Mr. De Martino. We indicated that although the agency had not submitted a request for relief, Mr. De Martino was an accountable officer because in his capacity as a messenger he was in actual possession of government funds. We concluded that Mr. De Martino was liable for the amount of the loss unless relieved.
As we stated in our earlier decision, the record indicates that the loss was the result of an armed robbery which took place while Mr. De Martino was performing his official function. There is no indication in the record that Mr. De Martino was in any way implicated in the robbery. similar instances, we have relieved accountable officers for losses resulting from robberies where the investigation of the loss casts no doubt on the victim's account of the incident. See B-226695, supra and B-190923, December 5, 1978.
Accordingly, for the reasons stated above, we relieve Mr. De Martino of liability for the loss under the provisions of 31 U.S.C. Sec. 3527(a).