United States Postal Service(TM) 


 In the Matter of the Complaint Against The Respondent:

 L. E. FREUNDEL
 D-6000 Frankfurt/Main 70 at
 Postfach 70 02 30 W. Germany

 P.S. Docket No. 24/69;  

 08/25/86

 Cohen, James A.  

 APPEARANCE FOR COMPLAINANT:
 Jerry Belenker, Esq.
 Consumer Protection Division
 Law Department
 United States Postal Service
 Washington, DC 20260-1112

 APPEARANCE FOR RESPONDENT:
 Gertraud J. Freundel
 D-6000 Frankfurt/Main 70
 Postfach 70 02 30 W. Germany

POSTAL SERVICE DECISION

On May 30, 1986, a Complaint was filed alleging that Respondent is engaged in conducting a lottery gift enterprise within the meaning of 39 U.S.C. § 3005. On June 5, 1986, Tentative Decision and Order No. 86-73 was issued which concluded that in accordance with 39 C.F.R. § 952.7(b) the orders authorized by 39 U.S.C. § 3005 should be issued against Respondent. Accompanying the Tentative Decision and Order was a Notice which advised Respondent that unless it presented good cause for dismissing the Complaint, the Tentative Decision and Order would become final.

By letter dated July 31, 1986, Respondent filed his opposition to the allegations of the Complaint. In his letter, Respondent contends he has not acted improperly because his solicitation was sent in response to an inquiry, and as a state licensed lottery collector, it was his duty to furnish such response. Respondent also argues that he is not engaged in conducting a lottery enterprise, but rather is an appointed member of the state sales organization authorized to distribute German lottery tickets.

Neither of these contentions serves as good cause for dismissing the Complaint. Even if the solicitation for the purchase of lottery tickets was sent at the request of the recipient, Respondent's distribution of the lottery solicitation through the United States mail constitutes the conduct of a scheme for the distribution of money by lottery within the meaning of § 3005 of Title 39 of the United States Code. Further, Respondent's duties and obligations as a state licensed German lottery collector do not insulate him from the prohibitions of § 3005. Accordingly, Respondent is engaged in a lottery enterprise in violation of 39 U.S.C. § 3005. Therefore, pursuant to 39 C.F.R. § 952.7(b), Tentative Decision and Order No. 86-73 is now the Final Decision and Order of the Postal Service