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B-245712.3 1 (1992-05-20)

handle is hein.gao/gaobadobl0001 and id is 1 raw text is: Conptller Geseral ofttkc Uuited Sats LDecision Nattmr of: Albert J. Beaudreault Tile; B-245712,3 Date: May 20, 1992 DIGEST Employee, subject to an Inspector General investigation, caused by a third party, may not be reimbursed for the attorney's fees he incurred since the agency, having decided to investigate the employee, did not have a common interest with him. DECISION Mr. Albert J. Beaudreault, a former employee of the United States Department of Agriculture, seeks reimbursement for legal fees, While employed at the Department of Agriculture((USPA), Mr. Beaudreault became the subject of an investigation by the-agency's Office of Inspector General on the basis of allegations of impropriety by a USDA employee. Mr. Beaudreault retained an attorney and agreed to pay him a $5,000 nonrefundable retainer, plus miscellanecuo out-of- pocket expenses. The subject of the retainer agreement is shown as Criminal Investigation by the Office of Inspector General and by U.S. Attorney's Office in Boston. The investigation resulted in no action being taken against Mr. Beaudreault. The USDA denied Mr. Beaudreault's request for reimbursement on the basis that there is no authority for expenditure of an agency's appropriated funds unless representation is in the government's interest, citing to decisions of this Office. Mr. Beaudreault, in support of his request for reimbursement, states that he was advised by the Office of the Inspector General to retain legal counsel since this was a grand jury investigation, and that his supervisor, the Market Administrator, agreed to authorize the payment. Mr. Beaudreault has furnished an affidavit from the former Assistant Market Administrator to the effect that an office donference was held in which he was advised by the Market Administrator that his legal expenses would be paid if Mr. Beaudreault was acting within the scope of his official duties, but would not if he were acting outside the scope of his duties. . •

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