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B-272467.2 1 (1998-08-28)

handle is hein.gao/gaocrptahlk0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-272467.2 August 28, 1998 Kenneth W. Hansen, Esq. General Counsel Export-Import Bank of the United States Dear Mr. Hansen: This responds to your letter dated February 5, 1998, advising us that certain information provided us in connection with our consideration of the Export-Import Bank's request for waiver of erroneous payments to three Export-Import Bank employees may have been false. The waivers in question were included in waivers granted by our decision B-272467, December 13, 1996, to over 200 Bank employees. You are concerned that in waiving the claims against these three employees we may have relied on material misrepresentations and omissions by these employees that, if known at the time, would have led us to deny the waivers. You also state that, in your opinion, had the Bank known of the misrepresentation and omissions at the time the waiver applications were submitted, it is unlikely that the Bank would have sought waivers on behalf of these employees. You are aware that the authority under which we issued these waivers has since been transferred to the Bank. You state, however, that you are providing this information to us, as the agency that originally had the waiver authority, to correct the record and to seek our concurrence that the transfer of this authority included the transfer of authority to rescind waivers previously granted by our office if factual grounds to do so are determined to exist. The waiver statute, 5 U.S.C. § 5584 (1994), provided authority for our office to waive a claim, in whole or in part, against a person arising out of an erroneous payment of pay or allowances to an employee of an agency, the collection of which ''would be against equity and good conscience and not in the best interests of the United States. 5 U.S.C. § 5584(a). The statute specifically precluded our exercise of this authority if, in our opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the 448826

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