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B-189072 1 (1978-08-11)

handle is hein.gao/gaobadggn0001 and id is 1 raw text is: . T H COMPTPOLLE9 GENERALT L DEC18101N . '12) OP THE uNITrSO arAres WASHIaNGTON, .o c. Z0e4 FILE: B-189072 DATE: Aupust 11, 1978 MATTER OF: Department of the Air Force - Fraudulent Claims C(G EST: 1. Department of the Air Force asks whether an employee who submits a fraudulent claim may be refused access to the General Accounting Office (GAO) for purpose of settling his.rlaim. Since GAO bas authority to settle and adjust claims by the Government or against It, employ ae rnay sub- mit claim to GAO even though it is considered fraudulent by his agency. Agency should ixpe- dite adjudication by using agency channels to send claim to GAO with its report. 2. Where employee submits voucher for travel expenseJ and part of claim is believed to be hased on fraud, unly the separate items which are based on fraud may be 'enied. Moreover, as to .subsistence expenses o.dy the expenses for those days for which the employee submits fraudulent information may be denied and claims for expenses on other days which are not based on fraud may be paid if otherwise proper. B-172915, September 27, 1971, modified. 3. Where employee has been paid on voucher for travel expenses and fraud is then found to have been involved in a portion of claim, the recoup- ment of the improperly paid item should be made to the same extent and amount as if his claim were not yet paid and were to be denied because of fraud, Decision 41 Comp. Gen. 285 (1061) and 41 id. 206 (1961) are clarified. 4. Reasonable suspicion of fraud which would support denial of claim or recoupment action in case of paid voucher depends on facts of each case. Fraud must be proved by evidence sufficient to overcome existing presumption in favor of honesty and fair dealing, Generally,

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