[Request for Advance Decision on Claim for Banking Charges and Attorney's Fees]

An advance decision was requested as to whether an Agricultural Marketing Service employee could be reimbursed for attorney's fees and fees for reproducing his bank statements. The costs were incurred because of an investigation into allegations that the employee was receiving gratuities from a private corporation which could influence 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. The employee requested reimbursement for the microfilming and research charges he incurred in obtaining these records. He also requested payment for attorney's fees. GAO found nothing in the record which indicated that it was necessary to reproduce the bank records. Accordingly, there was no authority to pay these expenses which he voluntarily incurred. In addition, the agency may not use its appropriations to pay for the attorney's fees, because it may not reimburse legal fees incurred by an employee where charges of misconduct are being pursued by the agency.