B-150256, NOV. 30, 1962

B-150256, NOV. 30, 1962

TO WILLIAM P. STRICKLAND:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 1, 1962, REQUESTING INFORMATION THAT WOULD BE HELPFUL IN OBTAINING REIMBURSEMENT FOR LODGING WHILE YOU WERE ON SHORE PATROL DUTY DURING THE PERIOD APRIL 8 TO 15, 1960. SINCE YOUR CLAIM FOR SUCH REIMBURSEMENT WAS DISALLOWED IN OUR SETTLEMENT OF SEPTEMBER 4, 1962, YOUR LETTER WILL BE REGARDED AS A REQUEST FOR REVIEW OF THAT SETTLEMENT.

BY ORDERS DATED APRIL 8, 1960, YOU WERE ORDERED TO REPORT TO THE SENIOR SHORE PATROL OFFICER AT THE SHORE PATROL HEADQUARTERS, NORFOLK, VIRGINIA, FOR DUTY DURING THE PERIOD APRIL 8 TO 15, 1960, AND WHILE ENGAGED IN THE PERFORMANCE OF THESE DUTIES YOU WERE ENTITLED TO REIMBURSEMENT FOR THE PROCUREMENT OF QUARTERS AND A CASH ALLOWANCE FOR EACH MEAL YOU WERE REQUIRED TO PROCURE. UPON PRESENTATION OF YOUR CLAIM DATED MAY 25, 1960, WITH A RENT RECEIPT FOR QUARTERS FROM THE TIP TOE TEA ROOM FOR $24.50 ATTACHED, YOU WERE REIMBURSED $24.48 FOR QUARTERS AND $18.99 FOR MEALS. EXCEPTION WAS TAKEN TO THIS PAYMENT AND THE AMOUNT OF $43.47 CHARGED TO YOUR PAY ACCOUNT FOR THE REASON THAT AN INVESTIGATION ESTABLISHED THAT SHORE PATROL MEMBERS PAID $19 PER WEEK FOR ROOM AND BOARD AT THE TIP TOE TEA ROOM. BY THE SETTLEMENT DATED SEPTEMBER 4, 1962, OUR CLAIMS DIVISION REFUNDED TO YOU THE $18.99 CLAIMED FOR MEALS, BUT THE CLAIM FOR THE QUARTERS ALLOWANCE WAS DISALLOWED SINCE YOUR PRESENTATION OF A RECEIPT FOR AN AMOUNT IN EXCESS OR DIFFERENT FROM THAT EXPENDED FOR QUARTERS VITIATED YOUR ENTITLEMENT TO THE ENTIRE CLAIM FOR QUARTERS. YOU CONTEND THAT THE AMOUNT CLAIMED FOR LODGING WAS ACTUALLY EXPENDED BY YOU AND TO THE BEST OF YOUR KNOWLEDGE THE RECEIPT WAS FOR THE SAME AMOUNT.

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 FOR SUCH ITEM. IN SUCH A SITUATION, NO AMOUNT MAY BE PAID FOR THAT ITEM EVEN THOUGH THE CLAIMANT LATER ALTERS HIS STATEMENT TO REFLECT THE TRUE FACTS. THE PAYMENT TO YOU COVERING REIMBURSEMENT FOR QUARTERS WHILE YOU WERE ON SHORE PATROL DUTY WAS BASED ON A RENT RECEIPT STATED TO BE FOR QUARTERS WHICH, AN INVESTIGATION REVEALED, WAS IN EXCESS OF THE AMOUNT SHORE PATROL MEMBERS PAID THE TIP TOE TEA ROOM FOR BOTH BOARD AND ROOM. HENCE, REFUND MAY NOT BE MADE OF THE AMOUNT OR ANY PART THEREOF CHARGED TO YOUR PAY RECORD ON ACCOUNT OF THAT PORTION OF THE EXCEPTION APPLYING TO THE QUARTERS ALLOWANCE YOU RECEIVED.

ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 4, 1962, WAS CORRECT AND IS SUSTAINED.

WITH REGARD TO YOUR REQUEST THAT THE ORIGINAL ORDERS AND PHOTOSTATS OF OTHER DOCUMENTS INVOLVED BE FURNISHED YOU IN ORDER THAT A CLAIM MAY BE RESUBMITTED FOR THE DISALLOWED PORTION, YOU ARE ADVISED THAT WE DO NOT HAVE YOUR ORIGINAL ORDERS BUT ONLY COPIES OF YOUR ORDERS AND THE SUBSTANTIATING DOCUMENTS.