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B-193536 1 (1979-06-18)

handle is hein.gao/gaobadhhy0001 and id is 1 raw text is: DECISION - p THE COMPTROLLER GENERAL OF THE UNITED STATES : WASHINGTON, 0. C. 20548 16 I~f fyc FILE: B-193536 DATE: June 18, 1979 M Securities and Exchange Commission -Al76Zqq MAT 06F7 rReimbursement of Legal Expenses Incident to Internal Investigationj DIGEST: 1. As a result of its own investigation of misconduct charges initially made by a private party, SEC found possible merit to charges against three of eight SEC employees and appointed a hearing examiner who ultimately determined the mis- conduct allegations to be without merit. SEC may not reimburse attorney's fees incurred by the employee as a cost of providing legal repre- sentation* _4-ie upon its determination to further pursue the matter, the case was no longer one in which the Government's interests were aligned with those of the employee in defending charges brought by a third party against the employee for conduct within the scope of his official responsibilities. Compare B-127945, April 5, 1979. 2. Where an SEC investigation of charges of miscon- duct against three SEC employees was ultimately resolved in favor of the employees, the employees' legal fees may not be reimbursed. Attorney's fees may be awarded to the prevailing party only when there-is express authority for the payment of such fee s.and-the-re-is-no-spcific-auUrtyfor-aw-ar-d. of atto nrrey'qA fees in stand.ard-s-ef-eendsoc-t-pro- eeed-ings-in-thenftuffl-t 6se conduct ---he Se- This action is in response to a request for a decision from the Securities and Exchange Commission (SEC) concerning its authority to reimburse reasonable attorney's fees paid by SEC employees incident to an SEC internal inquiry into allegations of misconduct filed against the employees by an outside party. The request from the SEC states that in the course of administrative proceedings against a securities broker-dealer, a respondent in these proceedings charged that certain SEC employees had violated provisions of title 18 of the United States pkm-/ -

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