Unpublished Dispositiondavid R. Gordon, Petitioner, v. United States Postal Service, Respondent, 824 F.2d 979 (Fed. Cir. 1987)

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US Court of Appeals for the Federal Circuit - 824 F.2d 979 (Fed. Cir. 1987) June 9, 1987

Before RICH, Circuit Judge, and NICHOLS and BALDWIN, Senior Circuit Judges.


The Merit Systems Protection Board (board), in CH07528610272, sustained the removal of David R. Gordon from his position as Postal Clerk because petitioner failed to remit postal funds in his possession at the end of the day and falsified Postal Form 1412 to cover the missing funds. We affirm.

Petitioner's argument that the agency failed to prove that he had an intent to falsify the form is unpersuasive because intent, seldom provable directly, may be shown circumstantially, as it was here. Records of the funds in petitioner's account were in conflict and petitioner failed to remit or account for the funds in question. The decision of the board was not arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence or otherwise not in accordance with law. See 5 USC 7703(c).