Despite the U.S. Department of Veterans’ Affairs (“VA”) vigorous campaign against veterans who erroneously receive benefits (whether through wrongdoing or not), two VA officials who allegedly defrauded the agency of $400,000 will walk away with the taxpayer money they took after receiving demotions and unspecified pay cuts as punishment.
Diane Rubens and Kimberly Graves were both accused of manipulating a VA program meant to relocate agency employees who transfer long distances to take jobs within the VA. Rubens fraudulently netted more than $274,000 and Graves more than $129,000, according to a VA Inspector General Report (the “Report”). That same Report recommended that the VA’s Deputy Secretary consult with the Office of General Counsel to determine whether a bill of collection should be issued to recoup the monies paid for relocation expenses.
The VA claims, however, that it cannot recover these funds due to a “lack of legal authority.” As such, it will not pursue recoupment.
In a November 23 letter to VA Secretary Robert McDonald that crackles with rage, Jeff Miller, the Chairman of the House Committee on Veterans’ Affairs, blasted the VA’s failure to hold these employees accountable. As he stated: “[The] VA aggressively pursues the recoupment of overpayment of benefits to veterans, survivors, and other beneficiaries even when the overpayments are due to the VA’s own error. I am sure you can appreciate the lunacy of a policy that is stricter on veteran beneficiaries of earned benefits compared to corrupt government officials who unjustly enrich themselves at taxpayer expense. It must not stand.”
The letter asked the VA to reconsider its legal position, and to issue a response by no later than November 30. As it appears the VA has not responded, today (December 1), Congressman Miller introduced a House bill that would give the VA Secretary the authority to recoup relocation expenses from employees. Miller’s bill (H.R. 4138) would require the department to provide notice to employees of decisions to recoup relocation expenses, and give employees the opportunity to appeal the recoupment to a third party before having to repay the money.
At the very least, this bill is further public shaming of an agency caught in one scandal after another. The VA won’t respond to a letter? Introduce a bill that gets press and public support.
Perhaps the bill will prompt the VA to reconsider its legal position, but probably not. Such action assumes a semblance of reason, logic, and accountability on behalf of the VA, and those have never been its strong points.
*Did you find this article informative? If so, sign up for Legal Meets Practical’s legal blog on veteran issues at: https://legalmeetspractical.com.
I wish I could say I was shocked, but corruption from all levels of government seems to be the norm these days. Ironically, both parties are so crooked these days that they don’t even address government corruption, lest they get caught too.
I wish I could say I was surprised, but with government corruption out of control I’m not.
The assessment by the VA is absolutely incorrect. The fact that these officials violated their fiduciary responsibilities while committing fraud is more than enough basis for the VA to pursue them. I would make the case that the Secretary is aiding and abetting the commission of a crime with this line of reasoning.
Absolutely agree, but the government protects its own…. unless they are cops.