B-137681 November 19, 1958

B-137681: Nov 19, 1958

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Requesting advice and assistance in the matter of reimbursement for expenses incurred in the course of defending himself against charges made by the Government in connection with the alleged forgery of a payroll check while he was a member of the United States Navy. You request a detailed report of the facts and advice as to whether there is any legal basis for paying any claim for reimbursement of such expenses which Mr. As you were advised by our letter of October 31. Which are self-explanatory. Are attached for your information. There is no statute either authorizing or requiring the Government to reimburse a party for costs incurred in defending himself against a criminal complaint properly brought against him by the Government.

B-137681 November 19, 1958

Honorable Paul F. Schanck House of Representatives

Dear M. Schanck:

Your letter of October 14, 1958, acknowledged October 15, transmitted a letter from Mr. Donald E. Roettger, 640 Wyoming Avenue, Hamilton, Ohio, requesting advice and assistance in the matter of reimbursement for expenses incurred in the course of defending himself against charges made by the Government in connection with the alleged forgery of a payroll check while he was a member of the United States Navy. You request a detailed report of the facts and advice as to whether there is any legal basis for paying any claim for reimbursement of such expenses which Mr. Roettger may submit.

As you were advised by our letter of October 31, 1958, we requested reports of the facts in the case from the Departments of the Navy and of the Treasury. On November 7, 1958, the Department of the Navy reported that it has no record of the matter in question because the investigation and arrest apparently occurred subsequent to Mr. Roettger's honorable discharge from the Navy. However, the Treasury Department's letter of November 5, 1958, furnished a detailed report of the matter. Copies of both letters, which are self-explanatory, are attached for your information.

There is no statute either authorizing or requiring the Government to reimburse a party for costs incurred in defending himself against a criminal complaint properly brought against him by the Government.

We hope this will serve the purpose of your inquiry. The enclosures accompanying your letter of October 14, 1958, are returned herewith.

Sincerely yours,

Joseph Campbell Comptroller General of the United States

Enclosures