About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-200642 1 (1981-04-07)

handle is hein.gao/gaobadjhe0001 and id is 1 raw text is: 4 -. -2' DECISION THE CDMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 2054B FILE: B-200642 DATE: Aprril 7, 19. MATTER OF: Civilian Employee of the Department of the Air Force - Per Diem Claim DIGEST: 1. Since acquittal on criminal charges may merely involve a finding of lack of requisite intent or failure to meet the higher standard of proof beyond reasonable doubt, doctrine of res judicata does not bar the Government from claiming in later civil or administrative proceeding that certain items on employee's voucher were fraudulent. 2. In 57 Comp. Gen. 664 (1978), we held, for purposes of reimbursement where fraud is involved, that each day of subsistence expenses is a separate item of pay and allowances. That rule is applicable to present claim which has not been finally decided on merits and is pending on appeal. Due to discrepancies in record, we remand claim to Air Force for calcu- lation of amount of per diem allow- able under that rule. Does a jury verdict of not guilty on criminal fraud charges against an employee preclude the Government from recovering funds paid to the employee on the basis of an allegedly fraudulent travel voucher? Secondly, does the rule of 57 Comp. Gen. 664 (1978) that, for purposes of reimbursement where fraud is involved, each day of subsistence expenses is a sepa- rate item o2 pay and allo,.wances apply to an appeal of a claim based on a travel voucher submitted before that decision was announced? These are the principal issues involved in this case. This decision is in response to an~ppeal by a civilian erloyee of the Department of the Air ForceJ (Employee) at McClellan Air Force Base, California

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most