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B-245648.2 1 (1992-07-24)

handle is hein.gao/gaobadcal0001 and id is 1 raw text is: 310 Comptroller General31 of the United States Washington, D.C. 20548 Decision me/9 Matter of: Steven Levy File: B-245648.2 Date: July 24, 1992 -- DIGEST An employee's personal conduct in connection with his official duties became the subject of an investigation by his employing agency as an outgrowth of a request made by a congressional subcommittee. The employee secured the services of private counsel to assist him and seeks reimbursement for those expenses. Even though a third party precipitated the investigation, since the agency conducted the investigation, the government's interest was not aligned with the employee's interest. Therefore, the attorney's fees incurred may not be reimbursed. DECISION This decision is in response to a request from the Regional Counsel - North Atlantic Region, Internal Revenue Service (IRS), Department of the Treasury.' It concerns the entitlement of Special Agent Steven Levy, Criminal Investigation Division, IRS Manhattan District, to be reimbursed for legal expenses incurred for private counsel obtained by him incident to an investigation of him by the IRS Inspection Service and the Department of Justice. For the reasons that follow, we hold that the employee may not be reimbursed for those legal expenses. In 1989, Special Agent Levy became the subject of a conduct investigation' by the IRS Inspection Service. This investigation was an outgrowth of a request by the Chair, Commerce, Consumer, and Monetary Affairs Subcommittee, Committee on Government Operations, to.the Department of Justice to investigate two allegations of 'Agatha L. Vorsanger, Esquire. 2The purpose of a conduct investigation is to determine all pertinent facts and provide a report to IRS management so that a decision can be made to take disciplinary action against an employee or clear him of all charges. .

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