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CALABRESE: REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 26. THE DISALLOWANCE OF HIS CLAIM WAS SUSTAINED IN OUR DECISION OF SEPTEMBER 20. HAS BEEN MADE AND IS NOT ACCOUNTED FOR. THAT SEVERAL ATTEMPTS WERE MADE TO LOCATE DOLORES. THAT IT WAS LATER REPORTED THAT SHE WAS LIVING IN THE HOTEL DIXIE. THAT AN INQUIRY MADE AT THIS HOTEL DISCLOSED THAT SHE WAS NOT REGISTERED THERE. THE CASE WAS BEING CLOSED SINCE HE WAS UNABLE TO CONTACT DOLORES. THE OFFICE OF THE TREASURER OF THE UNITED STATES ADVISED THAT "THERE IS NO RECORD OF RESTITUTION BEING RECEIVED IN THIS OFFICE. NOR WERE THE CHECKS FORWARDED TO THE TREASURER FOR RECLAMATION ACTION.'. THERE IS NO RECORD IN THE TREASURY DEPARTMENT.

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B-147139, OCT. 6, 1961

TO MR. VINCENT L. CALABRESE:

REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 26, 1961, FURTHER REGARDING OUR SETTLEMENT DATED DECEMBER 11, 1950, WHICH DISALLOWED THE CLAIM OF DOMINIC A. DELLAIRO FOR REFUND OF THE CHECK AGES AGAINST HIS PAY BY REASON OF ERRONEOUS PAYMENTS OF FAMILY ALLOWANCE FOR THE PERIOD AUGUST 1943 THROUGH MAY 1944 WHILE HE SERVED IN THE NAVY. THE DISALLOWANCE OF HIS CLAIM WAS SUSTAINED IN OUR DECISION OF SEPTEMBER 20, 1961, B-147139, TO YOU.

IN YOUR LETTER, YOU STATE THAT THE GOVERNMENT OBTAINED RESTITUTION BY DEDUCTIONS TOTALING $500 FROM THE PAY OF DOMINIC A. DELLAIRO AS AN ENLISTED MAN, UNITED STATES NAVY; THAT A MR. ANTHONY TURCO, ACTING FOR DOLORES AURORA DELLAIRO, PAID A GOVERNMENT AGENT $400, THE AMOUNT SHE OBTAINED BY CASHING 8 CHECKS, AND THAT, THEREFORE, AN EXCESS COLLECTION, IN THE AMOUNT OF $400, HAS BEEN MADE AND IS NOT ACCOUNTED FOR.

IN A REPORT DATED AUGUST 28, 1945, THE UNITED STATES SECRET SERVICE AGENT REPORTED THAT UPON INTERVIEWING MR. TURCO HE STATED THAT HE HAD RECEIVED THE CHECKS FROM A GIRL WHOM HE BELIEVED TO BE DOLORES DELLAIRO; THAT SEVERAL ATTEMPTS WERE MADE TO LOCATE DOLORES, BUT THAT SHE HAD LEFT DOBBS FERRY, NEW YORK, LEAVING NO FORWARDING ADDRESS; THAT IT WAS LATER REPORTED THAT SHE WAS LIVING IN THE HOTEL DIXIE, 250 WEST 43D STREET, NEW YORK, BUT THAT AN INQUIRY MADE AT THIS HOTEL DISCLOSED THAT SHE WAS NOT REGISTERED THERE. THE AGENT FURTHER REPORTED THAT UPON INTERVIEWING DOMINIC A. DELLAIRO HE STATED THAT HE HAD MADE RESTITUTION TO THE NAVY FOR THE FULL AMOUNT INVOLVED ($500) AND THAT HE HAD RECEIVED A COURT-MARTIAL FOR PLACING A FALSE CLAIM, AND THAT, THEREFORE, THE CASE WAS BEING CLOSED SINCE HE WAS UNABLE TO CONTACT DOLORES. BY LETTER DATED AUGUST 7, 1961, THE OFFICE OF THE TREASURER OF THE UNITED STATES ADVISED THAT "THERE IS NO RECORD OF RESTITUTION BEING RECEIVED IN THIS OFFICE; NOR WERE THE CHECKS FORWARDED TO THE TREASURER FOR RECLAMATION ACTION.' ACCORDINGLY, THERE IS NO RECORD IN THE TREASURY DEPARTMENT, FISCAL SERVICE, OR IN THIS OFFICE, OF ANY EXCESS AMOUNT HAVING BEEN COLLECTED.

IT HAS BEEN THE RULE OF THE GOVERNMENT THAT, WHERE AN ADMINISTRATIVE OFFICE OF THE GOVERNMENT MAKES A REPORT TO THIS OFFICE BASED ON ITS OFFICIAL RECORDS RELATING TO A CLAIM AGAINST THE GOVERNMENT, SUCH REPORT MUST BE ACCEPTED AS ESTABLISHING THE FACTS SET FORTH IN THE ABSENCE OF A CLEAR SHOWING OF ERROR, NOTWITHSTANDING THE CLAIMANT'S CONTENTION TO THE CONTRARY. SINCE A THOROUGH SEARCH OF OFFICIAL RECORDS AVAILABLE IN THIS MATTER HAS FAILED TO DISCLOSE ANY SUPPORT FOR THE STATEMENTS MADE IN YOUR LETTER CONCERNING PAYMENT BY MR. TURCO OF $400 TO AN AGENT OF THE GOVERNMENT, WE MUST ADHERE TO THE ACTION HERETOFORE TAKEN.

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