B-149305, MAR. 27, 1963
Highlights
FAERBER: REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28. YET FAILED TO INFORM YOU OF THE NECESSITY TO HAVE A POWER OF ATTORNEY WHEREUNDER THE CHECK IN PAYMENT OF THE SETTLEMENT WOULD BE MAILED IN CARE OF YOUR OFFICE. MOTIKA EXECUTED THE REQUIRED CLAIM FORMS FOR THE DEATH GRATUITY AND THE ARREARS OF PAY WHICH WERE SUBMITTED THROUGH CHANNELS FOR PAYMENT WITHOUT ANY STATEMENT THAT YOU WERE TO ACT AS HER ATTORNEY AND DURING THE PENDENCY OF HER CLAIM IN THIS OFFICE WE WERE NOT PLACED ON NOTICE BY HER OR ANYONE ELSE THAT YOUR OFFICE WOULD PROSECUTE HER CLAIM. MOTIKA WAS DISCHARGED FROM CUSTODY AFTER THE RETURN OF A "NO TRUE BILL" ON THE CRIMINAL CHARGES STANDING AGAINST HER. INASMUCH AS THERE WAS NO POWER OF ATTORNEY ON FILE TO SERVE AS AUTHORITY FOR MAILING THE CHECK TO HER IN CARE OF YOUR OFFICE.
B-149305, MAR. 27, 1963
TO MR. MATTHEW J. FAERBER:
REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 28, 1963, REGARDING THE SETTLEMENT MADE BY THIS OFFICE ON THE CLAIM OF MRS. DOROTHY MAE MOTIKA FOR THE SIX-MONTHS' DEATH GRATUITY AND ARREARS OF PAY DUE ON THE ACCOUNT OF HER LATE HUSBAND, LIEUTENANT RALPH MOTIKA, SR., U.S. NAVY.
YOU STATE THAT THIS OFFICE DEPENDED UPON YOUR OFFICE TO FURNISH ALL THE REQUIRED DOCUMENTATION IN CONNECTION WITH MRS. MOTIKA'S CLEARANCE FROM COMPLICITY IN HER HUSBAND'S DEATH, YET FAILED TO INFORM YOU OF THE NECESSITY TO HAVE A POWER OF ATTORNEY WHEREUNDER THE CHECK IN PAYMENT OF THE SETTLEMENT WOULD BE MAILED IN CARE OF YOUR OFFICE.
OUR FILE DISCLOSES THAT MRS. MOTIKA EXECUTED THE REQUIRED CLAIM FORMS FOR THE DEATH GRATUITY AND THE ARREARS OF PAY WHICH WERE SUBMITTED THROUGH CHANNELS FOR PAYMENT WITHOUT ANY STATEMENT THAT YOU WERE TO ACT AS HER ATTORNEY AND DURING THE PENDENCY OF HER CLAIM IN THIS OFFICE WE WERE NOT PLACED ON NOTICE BY HER OR ANYONE ELSE THAT YOUR OFFICE WOULD PROSECUTE HER CLAIM. WHILE YOU ADVISED US IN YOUR LETTER OF AUGUST 8, 1962, THAT YOU REPRESENTED THE ESTATE OF THE LATE RALPH MOTIKA, SR., AND CLAIMED THE AMOUNTS DUE ON BEHALF OF THE ADMINISTRATOR OF THAT ESTATE, YOUR LETTER CONTAINED NO CLEAR INDICATION THAT YOU INTENDED TO PROSECUTE THE CLAIM ON BEHALF OF MRS. MOTIKA OR THAT YOU POSSESSED A POWER OF ATTORNEY AUTHORIZING YOU TO PROSECUTE SUCH CLAIM AND TO RECEIVE ANY CHECK THAT MAY ISSUE IN SETTLEMENT THEREON.
UPON RECEIPT OF INFORMATION SHOWING THAT MRS. MOTIKA WAS DISCHARGED FROM CUSTODY AFTER THE RETURN OF A "NO TRUE BILL" ON THE CRIMINAL CHARGES STANDING AGAINST HER, WE DIRECTED OUR CLAIMS DIVISION TO ALLOW HER CLAIM. INASMUCH AS THERE WAS NO POWER OF ATTORNEY ON FILE TO SERVE AS AUTHORITY FOR MAILING THE CHECK TO HER IN CARE OF YOUR OFFICE, THE SETTLEMENT WAS PREPARED IN HER NAME WITH HER THEN CURRENT ADDRESS. THAT ACTION WAS IN CONSONANCE WITH OUR RULES OF PRACTICE (4 CFR 1.8 AND 31.3), PROMULGATED PURSUANT TO THE PROVISIONS OF 31 U.S.C. 52 (F) WHICH REQUIRE THAT ANY CLAIM INVOLVING A PAYMENT TO BE MADE BY THE UNITED STATES WHEN PRESENTED BY AN AGENT OR ATTORNEY MUST BE SUPPORTED BY A DULY EXECUTED POWER OF ATTORNEY OR OTHER DOCUMENTARY EVIDENCE OF THE AGENT'S OR ATTORNEY'S RIGHT TO ACT FOR THE CLAIMANT.
ON THE BASIS OF THE INFORMATION CONTAINED IN OUR CLAIMS FILE, IT APPEARS THAT THE ACTION TAKEN BY OUR CLAIMS DIVISION WAS PROPER AND IN ACCORDANCE WITH EXISTING PROCEDURES.