77.

Quasi-Contractual Claims

Monies illegally or improperly disbursed, including those disbursed on an erroneous understanding of facts, may be recovered in a quasi-contractual suit for unjust enrichment. United States v. Bentley, 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); Kingman Water Co. v. United States, 253 F.2d 588 (9th Cir. 1958); J.W. Bateson Co., Inc. v. United States, 308 F.2d 510, 514-515 (5th Cir. 1962); Mt. Sinai Hospital of Greater Miami v. Weinberger, 517 F.2d 329 (5th Cir. 1975). Similarly, the United States may recover the value of government services provided under a mistake as to the recipient's eligibility for such services. United States v. Shanks, 384 F.2d 721 (10th Cir. 1967). No statutory authority is necessary to sustain a suit for public monies which have been erroneously, wrongfully, or illegally disbursed. See United States v. Wurts, 303 U.S. 414, 415 (1938). Overpayment of (1) government civilian pay, (2) pay and allowances for member and former members of the uniformed services, and (3) pay and allowances of members and former members of the National Guard may be subject to waiver under 5 U.S.C. § 5584, 10 U.S.C. § 2774, and 32 U.S.C. § 716, respectively, as interpreted in 4 C.F.R. § 91.1 et seq. Such statutes provide only for administrative relief and are not 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]