Dismissed
The Board dismissed challenges to the creation of an overpayment and a claim for a waiver of the recoupment of the overpayment due to lack of subject matter jurisdiction.
The deciding factor: The record does not reveal any legal instrument that created a debt amenable to recoupment from M.T.O. for breach of his contractual fiduciary duties, hence no subject matter jurisdiction exists.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 7, 2025
- Citation
- A25021181
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