[Request for Decision Concerning FAA Employee's Backpay Claim]

B-217517: Jul 28, 1986

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The Federal Aviation Administration (FAA) requested a decision concerning an employee's claim for backpay from the time FAA removed him from his position to the time FAA ordered him to report back to work 6 months later. The claimant signed a statement certifying that he received no interim earnings during that period. After an investigation, FAA found that the claimant had interim earnings and advised him that, as a result of his false statement, it would not pay him any backpay. Upon the advice of the FAA Office of Chief Counsel, the claimant filed a new statement certifying the true amount of his interim gross earnings and requested payment of backpay. GAO held that the claim was tainted by fraud since the claimant filed an accurate statement of his interim earnings only after FAA informed him that his earlier false statement had resulted in suspension of his backpay award. Accordingly, the backpay claim was denied.