Alexander M. Crofoot v. Government Printing Office

823 F.2d 495, 1987 U.S. App. LEXIS 369
CourtCourt of Appeals for the Federal Circuit
DecidedJune 26, 1987
DocketAppeal 87-3021
StatusPublished
Cited by5 cases

This text of 823 F.2d 495 (Alexander M. Crofoot v. Government Printing Office) is published on Counsel Stack Legal Research, covering Court of Appeals for the Federal Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander M. Crofoot v. Government Printing Office, 823 F.2d 495, 1987 U.S. App. LEXIS 369 (Fed. Cir. 1987).

Opinions

FRIEDMAN, Circuit Judge.

The petitioner appeals from a decision of the Merit Systems Protection Board (Board), Docket No. DC07528211510REM, that found a nexus between the petitioner’s removal for having pled guilty to and been [496]*496convicted of the crime of false pretenses and the efficiency of the service. We affirm.

I

A. The petitioner was employed as a photocomposition keyboard operator at the United States Government Printing Office (agency). On February 17, 1981, the petitioner filed a claim for workers’ compensation, asserting that he had suffered a work-related leg injury. As a result of this claim, the petitioner was paid $3,860.40 in lost wages and medical expenses.

The agency later investigated the petitioner’s claim because it suspected that the petitioner had suffered his leg injury while off-duty rather than at work. The results of the investigation were referred to the United States Attorney for the District of Columbia, and on December 4, 1981, a federal grand jury returned a felony indictment against the petitioner, alleging that he had defrauded the United States government.

The petitioner’s trial resulted in a “hung jury,” with eleven jurors voting for conviction. Subsequently, after negotiations with the prosecutor, the petitioner pled guilty under the doctrine of North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970), to the misdemeanor charge of false pretenses. When entering an Alford plea, the “defendant denies the relevant facts of the offense but agrees to accept legal responsibility in order to avoid the risk of a more severe penalty.” See Crofoot v. United States Gov’t Printing Office, 21 M.S.P.R. 248, 251 (1984).

Thus, when the petitioner entered his plea he denied having submitted a false claim. He acknowledged, however, that he understood that his plea had the same legal effect in the criminal proceeding as any other guilty plea. Following conviction, the court placed the petitioner on probation for two years and ordered that he make full restitution of the $3,860.40 in compensation benefits the government had paid him.

Soon after his conviction, the agency removed the petitioner based on three charges: failing to report for duty, notoriously disgraceful conduct, and submission of a false claim. The first charge was based on the fact that the petitioner had 149 hours of unauthorized absence between September of 1981 and April of 1982. The second charge was based on the petitioner’s felony indictment -and subsequent guilty plea to the misdemeanor of false pretenses, and the third charge was based on the petitioner’s submission of an allegedly fraudulent claim for worker’s compensation benefits.

The petitioner appealed to the Board, and, after a hearing, the presiding official upheld the removal. Crofoot v. United States Gov’t Printing Office, No. 07528211510 (MSPB Sept. 21, 1983). Although the presiding official sustained the first charge against the petitioner, she ruled that the petitioner’s failure to report for duty, when considered apart from the other charges, was insufficient to justify the petitioner’s removal. The presiding official also sustained the agency’s second charge, finding that the petitioner’s indictment and subsequent guilty plea constituted notoriously disgraceful conduct. As to the agency’s third charge, the presiding official held that the petitioner was collaterally estopped by his guilty plea and subsequent criminal conviction to deny that he had submitted a false claim. The presiding official ruled, however, that if the doctrine of collateral estoppel did not apply, the agency had not met its burden of showing by a preponderance of the evidence that the petitioner had submitted a false claim.

The Board granted review and affirmed the dismissal. Crofoot v. United States Gov’t Printing Office, 21 M.S.P.R. 248 (1984). The Board held that the petitioner was not collaterally estopped to deny that he had submitted a false claim since the district court had not made a factual determination on the conduct underlying the petitioner’s conviction. The Board also affirmed the presiding official’s determination that the agency had failed to prove by a preponderance of the evidence that the petitioner had submitted a false claim. Accordingly, the Board held that the charge [497]*497based on the submission of a false claim could not be sustained.

The Board affirmed the petitioner’s removal on the grounds that the petitioner’s conviction for false pretenses constituted notoriously disgraceful conduct, and that such conduct bore a sufficient nexus to the efficiency of the service to warrant removal. According to the Board,

the deliberate falsification of documents for the purpose of defrauding the government is sufficient to raise a presumption of nexus. [The petitioner’s] conviction for false pretenses casts doubt on his honesty, reliability and ethical conduct and undermines his trustworthiness, an essential ingredient of the employer-employee relationship_ [The petitioner] failed to present sufficient evidence to rebut this presumption.... Thus, the presiding official correctly found a nexus between the notorious conduct charge and the efficiency of the service.

Id. at 253 (citations omitted).

B. This court affirmed the Board’s determination that the “petitioner’s plea of guilty and subsequent conviction on the charge of false pretenses was notoriously disgraceful conduct.” Crofoot v. United States Gov’t Printing Office, 761 F.2d 661, 665 (Fed.Cir.1985). We held, however, that the Board erred when it presumed that a nexus existed between the petitioner’s plea and conviction and the efficiency of the service. Id. at 664. We noted that a presumption of nexus would be appropriate if the petitioner had been shown to have committed the underlying offense of submitting a false claim; that the presiding official specifically ruled that the agency failed to prove that the petitioner’s claim had been fraudulent; and that in entering his Alford plea, the petitioner maintained that he was innocent of the charges against him.

We concluded that because there was neither proof nor an admission that the petitioner had committed the underlying offense, the Board had erred in relying on a presumption of nexus. Id. We therefore remanded the case to the Board to “make new findings of fact and conclusions of law” in order to determine “whether, absent any presumption in favor of the [government], there was a nexus between the ... charge of notoriously disgraceful conduct and the efficiency of the service.” Id. at 665, 664.

On remand, the presiding official determined, after a submission of briefs on the issue, that there was a sufficient nexus between the petitioner’s plea and subsequent conviction and the efficiency of the service.

In denying review, the Board upheld this determination in an opinion. The Board held that it was proper to draw an inference of untrustworthiness from the fact that the petitioner had pled guilty to, and been convicted of, the crime of false pretenses. Moreover, the Board ruled that:

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Alexander M. Crofoot v. Government Printing Office
823 F.2d 495 (Federal Circuit, 1987)

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Bluebook (online)
823 F.2d 495, 1987 U.S. App. LEXIS 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-m-crofoot-v-government-printing-office-cafc-1987.