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B-202695 1 (1982-06-17)

handle is hein.gao/gaobadkki0001 and id is 1 raw text is: f~hr%7tTHE COMPTROLLEXR L I,?JrlAL DIECISION OF LIP THE UNITEl *TATCU WAGHINWTON, 03, , 10048 FILE; B-202695 DATE; Junie 17, 1982 MATTER OF; Manuel Nunoz - Claim for per diem DIGEST: 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 evi- dence sufficient to overcome existing presumption in favor of honesty and fair dealing. Where employee provides receipts for 2 of 2-./2 months of his lodging claim at $65 a month and receipts were not required-at time travel was performed, it is reasonable to assume employee did incur $32.50 lodging cost for remaining 1/2 month of lodging and absence of such receipt in these circumstances does not evidence fraud. Wylie 0. Tindle, Chief, Freigot and Travel Office, Directorate of Settlement and Adjudication, Headquarters Air Force Accounting and Finance Center, requests a decision as to the eiititlement of Mr. Manuel Nunez to reimbursement for expenditures claimed on a temporary duty travel voucher which the agency suspects is fraudulent in misrepresenting lodging costs. Mr. Nunez's claim was originally forwarded from the Air Force to our Claims Group because'lodging costs claimed did not correspond with lodging expenses determined by the Air Force Offic of Special Investigations (OSI), In its disposition letter dated November 17, 1980, our Claims Group stated that, in Mr. Nunez' case, whAle his actions in filing a partial sehtlenent voucher may have been egregious, the OSI report was not included with the fil.e and, based on the record as presented, it could find no clear inference of fraud. Our Claims Group thus approved specified payments on Mr. Nunez's vouher. The Air Force has requested review and reconsideration of Mr. Nunez's clairm reasserting that he knowingly and will- fully misrepresented his travel claims. In support of this rwrrrrrrr.w~rrrra vrw~ 's; I' y~rrvrrY & ' . .. . .

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