United States Federal Circuit

Because the Merit Systems Protection Board (MSPB) substituted its credibility findings in lieu of the Administrative Judge's demeanor-based credibility findings without sufficiently sound reasons for doing so, and misapplied the intent element of the falsification charge against a DEA officer, the MSPB's decision was arbitrary, capricious, and unsupported by substantial evidence; MSPB decision reversed.

Appellate Information

• Decided 04/29/2002
• Published 04/29/2002

Judges

• GAJARSA, Circuit Judge., Before NEWMAN, MICHEL, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Thomas G. Roth, of West Orange, NJ, argued for petitioner.


• For Appellees:
  
• E. Michael Chiaparas, Trial Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for respondent.   With him on the brief were Stuart E. Schiffer, Acting Assistant Attorney General;  David M. Cohen, Director;  and Robert E. Kirschman, Assistant Director.   Of counsel on the brief was Monica Pantos, Senior Attorney, Office of Counsel, Drug Enforcement Administration, of Alexandria, Virginia.