Many of the school districts in our state are using a flex spending administrative plan that was devised by a former attorney. One of the procedures that the school districts are using is to pay any claims that an employee writes on the outside of a sealed envelope. The contention is that as long as the school district does not open the envelope, they are not liable for paying reimbursement of inelegible claims. I say that they are the administrator of the plan and have the fiduciary responsibility to review the claims before reimbursing the employee. Does anyone know any tax code that would support this? I think they would be held liable for aiding and abetting tax fraud if ane employee is turning in fraudulent claims and they are paying them without a proper review for eligibility!