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B-224750 1 (1987-09-25)

handle is hein.gao/gaobadmwk0001 and id is 1 raw text is: 



ER       The ComptroUer General                                 /
         of the United States
         Washington, D.C. 20548

         Decision


                   Collection of Funds Paid on Fraudulent
         Matter of- Travel Claims

         File:      B-224750

         Date:     September 25, 1987


         DIGEST

         Collection by offset from employees' salaries for excess
         amounts they received for travel expenses due to their
         submitting allegedly fraudulent lodging receipts must be
         made pursuant to 5 U.S.C. S 5514. Under that statute and
         implementing regulations they are entitled to procedural
         safeguards, including a hearing if they so request.


         DECISION

         This action is in response to a request from the U.S. Army
         made pursuant to 4 C.F.R. S 22.1 et seq., regarding whether
         funds paid to several employees, based upon travel claims
         subsequently found to be fraudulent, may be collected under
         31 U.S.C. § 3716 by administrative offset or whether col-
         lection must be made pursuant to 5 U.S.C. S 5514 which
         authorizes salary offset to collect general debts owed by
         employees to the government, but imposes a number of pro-
         cedural requirements before offset can be made.l/  It is our
         view that collection by salary offset of erroneous over-
         payments made to employees due to fraudulent travel vouchers
         in the cases presented must be made pursuant to 5 U.S.C.
         S 5514, and the agency must provide the employees with its
         procedural protections before offset may be made.

         The Army has presented three travel claims submitted by
         civilian employees at Letterkenny Army Depot, Chambersburg,
         Pennsylvania. After the vouchers were submitted and claims
         were paid, an investigation revealed that the claims were


         1/ The request was made by David L. Gagermeier Attorney-
         Adviser Chief, Legal Office U.S. Army Finance and Accounting
         Center Department of the Army Indianapolis, Indiana.








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