Rebecca Salles v. United States ( 1998 )

Opinion for the court filed PER CURIAM. Dissenting opinion filed by Circuit Judge NEWMAN.

PER CURIAM.

Plaintiff-Appellant Rebecca Salles appeals from a summary judgment by the United States Court of Federal Claims denying her claims for breach of an alleged oral contract for payment of a percentage of the value of seizures and forfeitures arising from her role as a confidential informant for a government agency. See Salles v. United States, No. 96-189C (Fed. Cl. June 26, 1997). This case was submitted for our decision following oral argument in camera on September 2, 1998. We review the grant of summary judgment by the Court of Federal Claims de novo. See Confederated Tribes of Colville Reservation v. United States, 964 F.2d 1102, 1107 (Fed.Cir.1992). Because none of the government employees with whom Salles dealt had “implied actual authority” to bind the United States in contract, we affirm.

Salles contends that at a meeting with certain officials, she was orally promised a twenty-five percent commission of the value of all the money and property seized as a result of her information.

It is undisputed that the officials did not have express contracting authority. An officer of the United States who does not possess express contracting authority may nevertheless bind the United States, but only if he has “implied actual authority.” See H. Landau & Co. v. United States, 886 F.2d 322, 324 (Fed.Cir.1989) (“Authority to bind the [gjovernment is generally implied when such authority is considered to be an integral part of the duties assigned to a[g]overnment employee.” (internal quotation marks omitted)). None of the officials with whom Salles dealt had the requisite implied actual authority. To the extent rewarding informants was an “integral part” of the duties of the officials, they were limited by the Comprehensive Forfeiture Act of 1984, Pub.L. No. 98-473, codified at 28 U.S.C § 524(c), which does not authorize payment promises providing for a percentage of all seizures, as alleged.

Accordingly, the decision of the Court of Federal Claims is

AFFIRMED.