CHEYENNE – A former F.E. Warren Air Force Base employee is being sued in U.S. District Court for wrongfully accepting more than $30,000 that was accidentally put in his paycheck.
Anthony B. Ginn is accused of violating the Reverse False Claims Act, conversion and constructive fraud for refusing to return the money.
The case is demanding Ginn repay the $32,973.18 accidentally given to him, pay an additional $65,946.36 in damages, and pay a civil penalty between $5,000 and $10,000.
The False Claims Act was enacted by Congress in 1863. It states anyone who knowingly submits false claims to the government is responsible for double the government’s damages, plus $2,000 for each false claim, according to the U.S. Department of Justice.
In this instance, Ginn is responsible for paying double the $32,973.18, which adds up to $65,946.36, in penalties, plus the original amount.
F.E. Warren public affairs office staffer Lt. Jon Carkhuff said this is something that doesn’t happen often, and he has never seen something like this happen during his career.
This wasn’t a local discrepancy and didn’t occur at the local F.E. Warren financial office, Carkhuff said. However, the mistake was caught at the F.E. Warren financial office as part of routine audits.
The mistake would have been a manual key error when someone was putting in the numbers, he said.
According to court documents:
Ginn was an employee at the F.E. Warren Air Force Base golf course, and, in March 2016, he was accidentally given a promotion.
As a result of this, he was overpaid a total of $3,900.80 between May and August 2016. In September 2016, Ginn was told about the overpayments and was asked to repay the $3,900.80.
In February 2018, the Air Force asked Ginn to sign a repayment plan after he still hadn’t paid back any of the money. Ginn refused to sign the plan and resigned from his position.
In attempts to get the money back, the Air Force tried to deduct the money from Ginn’s last paycheck, but accidentally gave Ginn a paycheck of $39,000.80 instead.
After taxes and other payroll deductions were taken out of the paycheck, Ginn was left with $32,973.18, which was deposited into his bank account.
The Air Force tried to immediately reverse the payment, but by that time, Ginn had already removed the money from his bank account. The Air Force then contacted Ginn and demanded he return the money, which Ginn refused to do.