B-114809, JAN. 16, 1963

B-114809: Jan 16, 1963

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WE ARE OF THE OPINION THAT THE ONLY COURSE REMAINING AVAILABLE TO OUR OFFICE WOULD BE TO FORWARD AN OFFER IN COMPROMISE TO THE ATTORNEY GENERAL OF THE UNITED STATES. YOU MAINTAIN THAT THIS WHOLE MATTER WAS FULLY COMPROMISED FOR $5. WHICH WAS SUBSEQUENTLY MODIFIED. THE DETERMINATION OF CRIMINAL LIABILITY IS SEPARATE AND APART FROM THE CIVIL COLLECTION THAT IS NOW BEING MADE BY SETOFF. WE HAVE BEEN INFORMALLY ADVISED BY A REPRESENTATIVE OF THAT DEPARTMENT THAT IT IS NOT THEIR PRACTICE TO GRANT SUCH CONFERENCES PRIOR TO SUIT. IF YOU HAVE ANY FURTHER QUESTIONS REGARDING SUCH A CONFERENCE WE SUGGEST THAT YOU WRITE THE DEPARTMENT OF JUSTICE FOR FURTHER CLARIFICATION.

B-114809, JAN. 16, 1963

TO MR. D. ROBERT CERVERA:

THIS REFERS TO YOUR LETTER OF DECEMBER 18, 1962, IN BEHALF OF YOUR CLIENT MR. FRANK F. LILLY IN WHICH YOU REQUESTED FURTHER CONSIDERATION IN THE MATTER OF HIS INDEBTEDNESS TO THE UNITED STATES.

WE ARE OF THE OPINION THAT THE ONLY COURSE REMAINING AVAILABLE TO OUR OFFICE WOULD BE TO FORWARD AN OFFER IN COMPROMISE TO THE ATTORNEY GENERAL OF THE UNITED STATES. YOU MAINTAIN THAT THIS WHOLE MATTER WAS FULLY COMPROMISED FOR $5,000 IN THE CRIMINAL ACTION AGAINST MR. LILLY. CANNOT ACCEPT THIS POSITION. THE RESTITUTION ORDER CALLING FOR PAYMENT OF $5,000, WHICH WAS SUBSEQUENTLY MODIFIED, DEALT ONLY WITH THE CRIMINAL PHASE OF MR. LILLY'S CASE. THE DETERMINATION OF CRIMINAL LIABILITY IS SEPARATE AND APART FROM THE CIVIL COLLECTION THAT IS NOW BEING MADE BY SETOFF.

IN YOUR LETTER OF DECEMBER 18, YOU ASKED THAT OUR OFFICE ARRANGE FOR A CONFERENCE WITH JUSTICE DEPARTMENT OFFICIALS SO THAT ORAL PRESENTATION MIGHT BE MADE BY YOU. WE HAVE BEEN INFORMALLY ADVISED BY A REPRESENTATIVE OF THAT DEPARTMENT THAT IT IS NOT THEIR PRACTICE TO GRANT SUCH CONFERENCES PRIOR TO SUIT. IF YOU HAVE ANY FURTHER QUESTIONS REGARDING SUCH A CONFERENCE WE SUGGEST THAT YOU WRITE THE DEPARTMENT OF JUSTICE FOR FURTHER CLARIFICATION.

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