|
State Comptroller’s Office Issues Results of Audit of
Lewis County Court and Trust Funds
Published: April 02, 2024 at 11:30 a.m.
By: Audit Results from NYS Comptroller’s Office
The office of New
York State Comptroller Thomas DiNapoli has released the results of a recent
audit of Lewis County court and trust funds. The full report can
be viewed here. A summary, as provided by the
Comptroller’s office, is included below.
Purpose of Audit
The purpose of
our audit was to determine whether County officials have established
appropriate controls to safeguard and account for court and trust funds for
the period January 1, 2021 through January 24,
2024.
Background
Pursuant to a
court order, certain assets may be provided to the court and then delivered
to the County Treasurer (Treasurer) for safekeeping. Payments made pursuant
to court orders commonly involve surplus money from foreclosures and
contract disputes resulting in a mechanic’s lien
(i.e., a security interest in property filed to ensure payment for
contracted services rendered on the property). These actions are recorded
in the County Clerk’s (Clerk) office when payments
are deposited as required by court order. Pursuant to New York State
Finance Law, county treasurers are required to submit a report on an annual
basis to the State Comptroller accounting for all money, securities and
other properties deposited to courts and ordered into the courts’ custody.
Additionally, when the whereabouts of any person entitled to payment from
the estate is unknown, funds from estates are entrusted to the Treasurer
for safekeeping by order of the County Surrogate’s Court (Surrogate’s
Court). Together, the Treasurer, Clerk and Surrogate’s Court must develop
sound procedures and processes that, when implemented properly and
consistently, provide a system of internal controls to account for and
safeguard these funds.
Key Findings
- The Treasurer generally established adequate
procedures, maintained appropriate records, and properly reported
court and trust funds. However, we
identified $239 that improperly remained in the Treasurer’s custody
that should have been turned over to the State Comptroller as
abandoned property.
Key
Recommendations
- The Treasurer should ensure that all money
deemed abandoned property is paid to the State Comptroller in a timely
manner, as required.
|
