Decision A-0743.97

Case Number Claimant Judge Language Decision date
Decision A-0743.97 Antonio Carole A.  Federal  English 1998-09-22
Decision Appealed Appellant Corresponding Case
Allowed Unanimous  No Commission  38743 


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  reconsideration of penalty  reduction 

Summary:

Penalty of $3, 120 reduced to $156 by Umpire. Held by FCA that a BOR or an Umpire may not intervene and substitute their appreciation as to the amount to be assessed to a penalty unless it is clear to them that the Commission has exercised its discretion "unjudicially". No evidence on file to lead to such a conclusion.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  penalties  proof 

Summary:

Principle set out in Gates (A-0600.94) regarding the burden of proof when dealing with false statements reaffirmed by FCA. The false statements were so obvious and the circumstances, especially "the fact that the claimant has been on claim several times before" and that the "cards are straight forward", were such that the BOR was right in saying that it was for the claimant then to offer an explanation that would rebut the inference that the false statements were knowingly made.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  amount of penalty  mitigating circumstances 

Summary:

Penalty of $3, 120 reduced to $156 by Umpire. Held by FCA that a BOR or an Umpire may not intervene and substitute their appreciation as to the amount to be assessed to a penalty unless it is clear to them that the Commission has exercised its discretion "unjudicially". No evidence on file to lead to such a conclusion.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  penalties  knowingly 

Summary:

Principle set out in Gates (A-0600.94) regarding the burden of proof when dealing with false statements reaffirmed by FCA. The false statements were so obvious and the circumstances, especially "the fact that the claimant has been on claim several times before" and that the "cards are straight forward", were such that the BOR was right in saying that it was for the claimant then to offer an explanation that would rebut the inference that the false statements were knowingly made.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
penalties  penalties  clear and simple language 

Summary:

Principle set out in Gates (A-0600.94) regarding the burden of proof when dealing with false statements reaffirmed by FCA. The false statements were so obvious and the circumstances, especially "the fact that the claimant has been on claim several times before" and that the "cards are straight forward", were such that the BOR was right in saying that it was for the claimant then to offer an explanation that would rebut the inference that the false statements were knowingly made.


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