B-131069, APR. 10, 1957

B-131069, APR. 10, 1957

TO MR. NORMAN E. SOUTHGATE:

REFERENCE IS MADE TO THE LETTER OF MARCH 7, 1957, WRITTEN IN YOUR BEHALF BY MR. SPITZER REQUESTING REVIEW OF OUR SETTLEMENT DATED APRIL 16, 1956, WHICH DISALLOWED YOUR CLAIM FOR REIMBURSEMENT OF YOUR DEPENDENTS' (WIFE AND STEPDAUGHTER) TRAVEL FROM PHOENIX, ARIZONA, TO MANAHAWKIN, NEW JERSEY, DURING THE PERIOD JANUARY 20 TO 25, 1952, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY ON JANUARY 9, 1952.

THE RECORD SHOWS THAT ON JANUARY 5, 1952, YOU WERE RELEASED TO INACTIVE DUTY AT SEATTLE, WASHINGTON, EFFECTIVE JANUARY 9, 1952. ON FEBRUARY 12, 1952, YOU SIGNED A VOUCHER ON WHICH YOU CLAIMED SIX CENTS PER MILE FOR YOUR WIFE'S TRAVEL DURING THE PERIOD JANUARY 5 TO 27, 1952, FROM SEATTLE, WASHINGTON, TO MANAHAWKIN, NEW JERSEY. YOU WERE PAID $184.80 FOR HER TRAVEL ON VOUCHER NO. 171636 IN THE FEBRUARY 1952 ACCOUNTS OF D. P. BELKA, SYMBOL 573732. IN CONNECTION WITH THAT VOUCHER YOU SIGNED THIS STATEMENT:

"I CERTIFY THAT MY DEPENDENTS WERE LOCATED SEATTLE, WASHINGTON, WHEN ORDERS DIRECTING DETACHMENT FROM ACTIVE DUTY WERE RECEIVED, AND DEPARTED FROM THAT PLACE ON (DATE) 1/5/52 AND ARRIVED AT MANAHAWKIN, N.J. ON (DATE) 1/22/52.'

UPON AUDIT OF THE ABOVE-MENTIONED VOUCHER, EXCEPTION WAS TAKEN TO THE PAYMENT BECAUSE THE RECORD SHOWED THE TRAVEL AS CLAIMED WAS NOT PERFORMED. YOU REPAID THE AMOUNT YOU RECEIVED ON THE VOUCHER TO THE GOVERNMENT AND YOU FILED THE PRESENT CLAIM IN WHICH YOU STATE YOUR WIFE ACTUALLY TRAVELED FROM PHOENIX, ARIZONA, TO MANAHAWKIN, NEW JERSEY, DURING THE PERIOD JANUARY 20 TO 25, 1952. THE CLAIM WAS DISALLOWED FOR THE REASON THAT YOU ADMITTEDLY HAD MADE INCORRECT STATEMENTS IN YOUR ORIGINAL CLAIM AS TO THE PLACE FROM WHICH YOUR WIFE TRAVELED AND THE TIME SHE PERFORMED THE TRAVEL, AND THUS RECEIVED A PAYMENT TO WHICH YOU WERE NOT ENTITLED.

YOU SAY THAT YOU SHOULD NOT BE HELD LEGALLY RESPONSIBLE FOR MISSTATEMENT MADE ON YOUR ORIGINAL CLAIM FOR THE REASON THAT YOU DID NOT KNOW ANYTHING ABOUT TRAVEL ALLOWANCE CLAIMS AND THAT THIS CLAIM WAS FILLED OUT BY PERSONNEL OF THE DISBURSING OFFICER. YOU SAY YOU NEVER INTENDED TO MISREPRESENT THE FACTS TO THE GOVERNMENT AND MERELY SIGNED THE CLAIM VOUCHER AS PRESENTED TO YOU WITH THE THOUGHT THAT IT WAS IN PROPER ORDER.

FROM THE FACTS NOW AVAILABLE IT IS CLEAR THAT YOUR DEPENDENTS DID NOT TRAVEL FROM SEATTLE TO MANAHAWKIN DURING THE PERIOD JANUARY 5 TO 22, 1952. WHILE THE CLAIM MAY HAVE BEEN PREPARED BY GOVERNMENT DISBURSING OFFICERS, IT WAS PREPARED FOR YOUR CONVENIENCE AND ON THE BASIS OF INFORMATION FURNISHED BY YOU. YOU CERTIFIED ON VOUCHER NO. 171636 THAT YOUR DEPENDENTS WERE IN SEATTLE WHEN, IN FACT, YOU KNEW THEY WERE IN PHOENIX. THIS WAS A FALSE CLAIM STATEMENT AND YOU CAN NOT SHIFT THE BURDEN FOR MAKING THIS FALSE CLAIM TO THE GOVERNMENT EMPLOYEE WHO PREPARED IT FOR YOU.

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 PHOENIX TO MANAHAWKIN, INCIDENT TO YOUR RELEASE FROM ACTIVE DUTY. ACCORDINGLY, THE SETTLEMENT OF APRIL 16, 1956, WAS CORRECT AND IS SUSTAINED.