B-130268, JAN. 28, 1957

B-130268: Jan 28, 1957

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YOU WERE RELIEVED FROM YOUR DUTY STATION AT LAKE CHARLES AIR FORCE BASE. YOU WERE PAID $288.96 FOR THEIR TRAVEL ON VOUCHER NO. 13786 IN THE JUNE 1952 ACCOUNTS OF MAJOR C. YOU WERE RELIEVED FROM YOUR OVERSEAS ASSIGNMENT AND RETURNED TO YOUR ASSIGNED DUTY STATION IN THE UNITED STATES. IN CONNECTION WITH THAT VOUCHER YOU SIGNED THIS STATEMENT: "I CERTIFY THAT DURING MY TOUR OF DUTY OVERSEAS MY DEPENDENTS WERE RESIDING IN SPOKANE. IN CONNECTION WITH EACH VOUCHER YOU SIGNED A STATEMENT THAT THE TRAVEL INDICATED ACTUALLY WAS PERFORMED BY YOUR DEPENDENTS. YOU WERE PAID $267.48 FOR YOUR DEPENDENTS' TRAVEL ON VOUCHER NO. 7462 IN THE NOVEMBER 1952 ACCOUNTS OF LIEUTENANT R. EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE THE RECORD SHOWED THE TRAVEL WAS NOT PERFORMED.

B-130268, JAN. 28, 1957

TO CAPTAIN FRANK M. GOETZ, JR.:

YOUR LETTER OF DECEMBER 26, 1956, REQUESTS REVIEW OF SETTLEMENT DATED DECEMBER 13, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT FOR TRAVEL OF YOUR DEPENDENTS (WIFE AND TWO CHILDREN) FROM LAKE CHARLES, LOUISIANA, TO BALTIMORE, MARYLAND, DURING THE PERIOD MARCH 30 TO APRIL 4, 1952, AND FROM BALTIMORE, MARYLAND, TO LAKE CHARLES, LOUISIANA, DURING THE PERIOD NOVEMBER 1 TO 5, 1952.

BY PARAGRAPH 7, SPECIAL ORDERS NO. 69, DATED MARCH 24, 1952, YOU WERE RELIEVED FROM YOUR DUTY STATION AT LAKE CHARLES AIR FORCE BASE, LAKE CHARLES, LOUISIANA, AND ASSIGNED TO TEMPORARY DUTY AT CAMP STONEMAN, CALIFORNIA, FOR FURTHER TRANSPORTATION OVERSEAS NOT LATER THAN APRIL 6, 1952. ON MAY 27, 1952, YOU SIGNED A VOUCHER ON WHICH YOU CLAIMED SIX CENTS PER MILE FOR YOUR WIFE'S TRAVEL AND THREE CENTS PER MILE FOR THE TRAVEL OF EACH OF YOUR CHILDREN DURING THE PERIOD MARCH 29 TO APRIL 10, 1952, FROM THE LAKE CHARLES AIR FORCE BASE, LOUISIANA, TO SPOKANE, WASHINGTON. YOU WERE PAID $288.96 FOR THEIR TRAVEL ON VOUCHER NO. 13786 IN THE JUNE 1952 ACCOUNTS OF MAJOR C. A. LITTLEFIELD, USAF, SYMBOL NO. 225 -416.

BY ORDERS DATED OCTOBER 6, 1952, YOU WERE RELIEVED FROM YOUR OVERSEAS ASSIGNMENT AND RETURNED TO YOUR ASSIGNED DUTY STATION IN THE UNITED STATES. ON NOVEMBER 22, 1952, YOU SIGNED A VOUCHER ON WHICH YOU CLAIMED SIX CENTS PER MILE FOR YOUR WIFE'S TRAVEL AND THREE CENTS PER MILE FOR THE TRAVEL OF EACH OF YOUR CHILDREN DURING THE PERIOD NOVEMBER 6 TO 11, 1952, FROM SPOKANE, WASHINGTON, TO SHREVEPORT, LOUISIANA. IN CONNECTION WITH THAT VOUCHER YOU SIGNED THIS STATEMENT:

"I CERTIFY THAT DURING MY TOUR OF DUTY OVERSEAS MY DEPENDENTS WERE RESIDING IN SPOKANE, WASHINGTON AND SO REMAINED UNTIL I RETURNED TO THE ZONE OF INTERIOR.'

ALSO, IN CONNECTION WITH EACH VOUCHER YOU SIGNED A STATEMENT THAT THE TRAVEL INDICATED ACTUALLY WAS PERFORMED BY YOUR DEPENDENTS. YOU WERE PAID $267.48 FOR YOUR DEPENDENTS' TRAVEL ON VOUCHER NO. 7462 IN THE NOVEMBER 1952 ACCOUNTS OF LIEUTENANT R. H. WARREN, USAF, SYMBOL NO. 225-465.

UPON AUDIT OF BOTH THE ABOVE MENTIONED VOUCHERS, EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE THE RECORD SHOWED THE TRAVEL WAS NOT PERFORMED. THE AMOUNTS YOU RECEIVED ON BOTH VOUCHERS WERE REPAID TO THE GOVERNMENT. YOU STATE THAT YOU MADE AN ERROR IN FILING YOUR ORIGINAL VOUCHERS AND YOU NOW CLAIM THAT YOUR DEPENDENTS ACTUALLY TRAVELED FROM LAKE CHARLES, LOUISIANA, TO BALTIMORE, MARYLAND, AND FROM BALTIMORE, MARYLAND, TO SHREVEPORT, LOUISIANA.

FROM THE FACTS NOW AVAILABLE IT IS UNDISPUTED THAT YOUR DEPENDENTS DID NOT TRAVEL FROM LAKE CHARLES AIR FORCE BASE, TO SPOKANE, WASHINGTON, AND FROM SPOKANE TO SHREVEPORT AS YOU ORIGINALLY STATED AND IT IS CLEAR THAT YOU KNEW, WHEN YOU SIGNED THE VOUCHERS, THAT THE INFORMATION DISCLOSED ON THEM WAS FALSE.

THE ACT OF JUNE 25, 1948, 28 U.S.C. 2514, PROVIDES THAT ANY CLAIM AGAINST THE UNITED STATES SHALL BE FORFEITED TO THE UNITED STATES BY ANY PERSON WHO CORRUPTLY PRACTICES OR ATTEMPTS TO PRACTICE ANY FRAUD AGAINST THE UNITED STATES IN THE PROOF, STATEMENT, OR ALLOWANCE OF THE CLAIM. UNDER THAT PROVISION OF LAW IT CONSISTENTLY HAS BEEN THE VIEW OF THE ACCOUNTING OFFICERS OF THE GOVERNMENT THAT THE PRESENTATION OF A CLAIM AGAINST THE UNITED STATES WITH KNOWLEDGE THAT THE FACTS STATED IN SUPPORT OF THAT CLAIM ARE FALSE, VITIATES AND DESTROYS THE CLAIMANT'S RIGHTS IN THE ENTIRE CLAIM. IN SUCH A SITUATION, NO AMOUNT MAY BE PAID AND THE ENTIRE PAYMENT ON THE FALSE VOUCHER MUST BE RECOVERED EVEN THOUGH THE CLAIMANT LATER ALTERS HIS STATEMENT TO REFLECT THE TRUE FACTS. PAYMENT MAY NOT NOW BE MADE ON THE BASIS THAT YOUR DEPENDENTS ACTUALLY TRAVELED FROM LAKE CHARLES TO BALTIMORE AND RETURN INCIDENT TO YOUR ORDERS OF MARCH 24 AND OCTOBER 6, 1952.

ACCORDINGLY, THE SETTLEMENT OF DECEMBER 13, 1956, WAS CORRECT AND IS SUSTAINED.