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B-200642 1 (1983-12-05)

handle is hein.gao/gaobadlkz0001 and id is 1 raw text is: THE COMPTROLLER GENERAL ECIION i . OP THE UNITED STATUE WASHINGTON. 0.C. 20548 -recember FILE: B-200642 DATE: MATTER OF: Civilian Employee of the Department of the Air Force - Disposition of Suspected Fraudulent Per Diem Claim - Reconsideration DIGEST: After Second Remand 1. This case which has now come before our Office for the third time concerns the disposition of a suspected fraudulent per diem claim about which the Air Force and the claimant still have many legal and factual disputes. On the basis of the evidence in the record, we believe that the Air Force has sustained its burden of proving fraud for 30 of the days during the first period of the claim. Thus, no reimbursement of per diem expenses may be allowed for those days. 2. As to the rest of the first period and all of the second period, we believe that the claimant's expenditures, as substantiated by the evidence developed during the Air Force's investigation, do not appear to be tainted by fraud. Thus, per diem is allowed for those days as shown by our calculation. Excess amount of recoupment should be refunded to claimant. This case concerning the disposition of a suspected fraudulent per diem claim has now come before our Office for the third time. In our first decision, Civilian Employee of the Department of the Air Force, 60 Comp. Gen. 357 (1981), we decided certain legal issues and remanded this case to the Department of the Air Force for a recalculation of the amount of suspected fraud and a determination of the number of days, if any, for which fraudulent information was submitted by claimant, a civilian employee of the Air Force (Employee). Because the parties, through their counsel, raised several questions concerning the recalculation, our subsequent decision, Civilian Employee of the Department of the Air Force, 61 Comp. Gen. 399 (1982), set forth in some detail the procedures to be followed and we remanded the matter to the Air Force again.

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