Falsification, Misrepresentation, and Fraud

Melville Johnson

April 8, 2020

To sustain a charge based on falsification, misrepresentation, or fraud, the agency must show by preponderant evidence that:

The employee supplied incorrect information
The information was material
The information was knowingly supplied
The information was supplied with the intention to deceive. [1]‍

The MSPB usually makes little distinction among the charges of falsification, fraud, or misrepresentation, as they all require the intent to deceive as an element. The MSPB has established a significant burden for the federal agency to provide evidence that there was an intent to deceive beyond the bare falsity of the information provided. The MSPB specifically states that intent cannot be inferred and must be proven by ample evidence. In order to prove intent by circumstantial evidence, the MSPB has held that the evidence should be clustered and highlighted so that the linkage is clear and strong.

The federal employee attorneys at Melville Johnson, P.C. are highly experienced in MSPB matters such as these, and are willing and able to assist you in your federal employment legal matters. Call or message us today to discuss your claim and learn how we can assist you.

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[1]Naekel v. Dept. of Transp., 782 F.2d 975 (Fed. Cir. 1986).

This blog and web site published by Melville Johnson, P.C. should not be used as a substitute for seeking competent legal advice from a licensed professional attorney. Readers of this information should not act upon any information contained on this blog or website without seeking professional counsel.

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(404) 724 - 0000

115 West Peachtree Pl. N.W. Unit 1
Atlanta, Georgia 30313