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B-212487 1 (1984-04-17)

handle is hein.gao/gaobadlqs0001 and id is 1 raw text is: TECOMPTROLLER CENERAL OIClION OP THE UNITED SITATES SWAS HI NOTON, O. C. 20548 FILE: B-212487 DATE: April 17, 1984 MATTER OF: Reimbursement for Banking Charges and Attorney's Fees - Inspector General Investigation DIQEST: An employee subject to an Inspector General investigation, caused by a third party, may not be reimbursed charges he incurred for microfilming and research of his banking records after he produced the records at the Inspector General's request. There is no authority for reimbursement of the expenses that were voluntarily incurred, and for which there was no obligation to incur. More- over, attorney's fees incurred by the employee may not be paid since the agency, having decided to investigate the employee, did not have a common interest with him. Mr. John Balog, certifying officer with the Department of Agriculture's Marketing Service (AMS), requests an advance decision as to whether an AMS employee nay be reimbursed for attorney's fees and fees for repro- ducing his bank statements. The costs were incurred because of an investigation into allegations about the employee. For the reasons that follow, we hold that the employee may not be reimbursed. FACTS An individual made an allegation that an AMS employee was receiving gratuities from a private corporation with which the employee had a potential to affect Government business. An Inspector General investigation of the employee's activities was initiated and the investigator asked the employee to furnish all of his personal banking records for 1980, 1981, and 1982. The employee states that the investigator informed him that production of the documents would show that he was cooperating and would save the investigator time by not having to obtain a subpoena. The employee complied and was billed $342.60 by two financial institutions for various microfilming and research charges.

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