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B-225187 1 (1987-06-09)

handle is hein.gao/gaobadmsp0001 and id is 1 raw text is: 


uThe Comptroller General
           of the United States
           Washington, D.C. 20548
           Decision




           Matter of: Fraudulent Claim

           File:     B-225187

           Date:     June 9, 198f


           DIGEST

           A fraudulent claim for lodging taints the entire claim
           for per diem on days for which fraudulent information is
           submitted, and per diem payments will not be made for those
           days. Where fraud is suspected, the claim is of doubtful
           validity and the claimant is left to his remedy in the
           courts.


           DECISION

           A claimant seeks reconsideration of our Claims Group
           settlement issued in 1979, denying his claim for per diem
           based on an administrative report of investigation provided
           by the Department of the Air Force finding that he was
           erroneously overpaid $906.43 for overstated lodging expenses
           in connection with each day of two consecutive temporary
           duty trips to Ellsworth Air Force Base, South Dakota, from
           May 16 through November 26, 1975, for which the claimant
           submitted two vouchers totalling $4,819.75. Based on the
           agency's reasonable suspicion of fraud, our Claims Group
           denied payment leaving the individual to his remedy in the
           courts. By letter dated September 3, 1986, the claimant
           has resubmitted his claim stating in essence that although
           he is willing to forfeit the overstated lodging expenses of
           $906.03 from the original per diem claim of $4,819.75, the
           resulting difference of $3,913.32 is, in his estimation, an
           undisputed figure which he claims the government owes to
           him.

           The affirmation of our Claims Group's 1979 settlement of
           this claim is based on the consistent position of this
           Office in regard to claims evidencing fraud and therefore
           of doubtful validity. The resolution of the claimant's
           request for reconsideration is governed by the principles
           established by our previous decisions at 57 Comp. Gen. 664
           (1978) and 59 Comp. Gen. 99 (1979). In the former decision
           we held that where there has been a fraudulent claim for
           lodging, the final settlement voucher should contain no
           claim for subsistence expenses for the days covered by
           the fraudulent claim. For the purposes of this rule,

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