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B-220172 1 (1986-03-04)

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    FILE:   B-220172              OATE: March 4, 1986

    MATTER OF:     Buffalo District, Corps of Engineers -
                   Travel Vouchers - Compromise of Claim

    OIGEST:
          Three employees were determined to have
          filed false travel vouchers and were
          criminally prosecuted. The Department
          of Justice entered into a compromise plea
          agreement with each defendint, which per-
          mitted them to enter a guilty plea to
          a misdemeanor, and in turn they would make
          restitution of the fraudulent amounts. In
          response to the question concerning dispo-
          sition of additional amounts withheld from
          the employees for those days tainted by
          fraud, the agency is advised that only the
          Department of Justice is authorized to
          compromise fraud claims and since it has
          done so in this case, monies administra-
          tively retained are to be repaid the
          defendants, without personal pecuniary
          liability attaching to the finance and
          accounting officer by virtue of such pay-
          ment. 31 U.S.C. S 3711(d) (1982).

     This decision is in response to a request from an
Authorized Certifying Officer, Army Corps of Engineers,
Buffalo District. The matter involves the personal pecu-
niary liability of an accountable officer, in the circum-
stances described in the submission, in connection with
travel voucher payments which were later found to be fraudu-
lent.

                        BACKGROUND

     As a result of an investigation of travel voucher fraud
conducted by the Army Corps of Engineers, several cases
involving civilian employees of its Buffalo District were
referred to the Department of Justice for criminal prosecu-
tion. Three of the cases which were accepted for prosecution
involved Mr. Andrew G. Augugliaro, Mr. Michael J. Gruber,
and Mr. James J. Stephens.

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