Monies illegally or improperly disbursed, including those
on an erroneous understanding of facts, may be recovered in a
quasi-contractual suit for unjust enrichment. United States v.
107 F.2d 382 (2d Cir. 1939); United States v. Independent School
District No. 1 of Okmulgee, OK, 209 F.2d 578 (10th Cir. 1954);
Water Co. v. United States, 253 F.2d 588 (9th Cir. 1958); J.W.
Co., Inc. v. United States, 308 F.2d 510, 514-515 (5th Cir. 1962);
Sinai Hospital of Greater Miami v. Weinberger, 517 F.2d 329 (5th
1975). Similarly, the United States may recover the value of
services provided under a mistake as to the recipient's eligibility
such services. United States v. Shanks, 384 F.2d 721 (10th Cir.
No statutory authority is necessary to sustain a suit for public
which have been erroneously, wrongfully, or illegally disbursed.
United States v. Wurts, 303 U.S. 414, 415 (1938). |
Overpayment of (1) government civilian pay, (2) pay and
for member and former members of the uniformed services, and (3)
allowances of members and former members of the National Guard may
subject to waiver under 5 U.S.C. § 5584, 10 U.S.C. § 2774,
32 U.S.C. § 716, respectively, as interpreted in 4 C.F.R. §
et seq. Such statutes provide only for administrative relief and
a proper basis for denial of judicial relief. Cf. United States v.
Kelley, 192 F. Supp. 511, 513 (D. Mass. 1961).
[cited in USAM 4-4.420]