Rebecca Salles v. United States, 156 F.3d 1383 (Fed. Cir. 1998). · Go Syfert
Rebecca Salles v. United States, 156 F.3d 1383 (Fed. Cir. 1998). Cases Citing This Book View Copy Cite
44 citation events (40 in the last 25 years) across 2 distinct courts.
Strongest positive: Abare v. United States (uscfc, 2026-03-19)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
cited Cited as authority (rule) Abare v. United States
Fed. Cl. · 2026 · confidence medium
See id.; Salles v. United States, 156 F.3d 1383, 1384 (Fed.
cited Cited as authority (rule) Sanchez v. United States
Fed. Cl. · 2026 · confidence medium
“Actual authority may be either express or implied.” Liberty Ammunition, Inc. v. United States, 835 F.3d at 1402 (citing Salles v. United States, 156 F.3d 1383, 1384 (Fed.
cited Cited as authority (rule) Local Initiative Health Authority for Los Angeles County v. United States
Fed. Cl. · 2019 · confidence medium
Cl. 326, 333 (2016) (citing Salles v. United States, 156 F.3d 1383, 1384 (Fed.
cited Cited as authority (rule) Snyder & Associates Aquisitions LLC v. United States
Fed. Cl. · 2017 · confidence medium
A government official acts with implied actual authority if this authority is “an integral part of the duties assigned to [the Government employee.” Salles v. United States, 156 F.3d 1383, 1384 (Fed.
discussed Cited as authority (rule) Moda Health Plan, Inc. v. United States
Fed. Cl. · 2017 · confidence medium
The Secretary of HHS had Actual Authority to Contract on the Government’s Behalf “An agent’s actual authority to bind the Government may be either express or implied.” Marchena v. United States, 128 Fed.Cl. 326, 333 (2016) (citing Salles v. United States, 156 F.3d 1383, 1384 (Fed.
cited Cited as authority (rule) Marchena v. United States
Fed. Cl. · 2016 · confidence medium
Salles v. United States, 156 F.3d 1383, 1384 (Fed.Cir.1998) (citation omitted).
discussed Cited as authority (rule) Liberty Ammunition, Inc. v. United States (2×)
Fed. Cir. · 2016 · confidence medium
Salles v. United States, 156 F.3d 1383, 1384 (Fed.
discussed Cited as authority (rule) Jumah v. United States
Fed. Cl. · 2009 · confidence medium
Cl. at 682 ) (quoting-in-turn McAfee, 46 Fed.Cl. at 435 ) the court found that under the Asset Forfeiture Fund Statute, 28 U.S.C. § 524 , “the law is clear that [the] ASAC ... lacked the authority to promise Plaintiff a commission paid from the Asset Forfeiture Fund ...,” id. (citing, e.g., Salles v. United States, 156 F.3d 1383, 1384 (Fed.Cir.1998)) (the Asset Forfeiture Fund Statute “does not authorize payment promises providing for a percentage of all seizures”); Brunner v. United States, 70 Fed.Cl. 623, 641 (2006); Cruz-Pagan v. United States, 35 Fed.Cl. 59 -60 (1996) (refusing to…
discussed Cited as authority (rule) SGS-92-X003 v. United States (2×) also: Cited "see, e.g."
Fed. Cl. · 2009 · confidence medium
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.” Salles v. United States, 156 F.3d 1383, 1384 (Fed.Cir.1998).
cited Cited as authority (rule) Federico v. United States
Fed. Cl. · 2006 · confidence medium
Salles v. United States, 156 F.3d at 1383.
examined Cited "see" Big Easy Studios, LLC v. United States (3×)
Fed. Cl. · 2026 · signal: see · confidence high
See Salles v. United States, 156 F.3d 1383, 1384 (Fed.
cited Cited "see" Yifrach v. United States
Fed. Cl. · 2019 · signal: see · confidence high
See Salles v. United States, 156 F.3d 1383, 1384 (Fed.
cited Cited "see" Maine Community Health Options v. United States
Fed. Cl. · 2019 · signal: see · confidence high
See Salles v. United States, 156 F.3d 1383, 1384 (Fed.
cited Cited "see" Community Health Choice, Inc. v. United States
Fed. Cl. · 2019 · signal: see · confidence high
See Salles v. United States, 156 F.3d 1383, 1384 (Fed.
cited Cited "see" Maine Community Health Options v. United States
Fed. Cl. · 2019 · signal: see · confidence high
See Salles v. United States, 156 F.3d 1383, 1384 (Fed.
discussed Cited "see" Mendez v. United States (2×) also: Cited "see, e.g."
Fed. Cl. · 2015 · signal: see · confidence high
See Salles, 156 F.3d at 1383-84 (affirming trial court’s summary judgment, which found that the confidential informant failed to adduce evidence of requisite authority to support the allegation of an oral contract with the government for the payment of a percentage of the value of seizures and forfeitures that the informant helped the government obtain); Bailey v. United States, 40 Fed.Cl. 449, 469 (1998) (explaining that, in the record before the court on a motion to dismiss, there was “insufficient evidence” to determine (i) at what level the discussions occurred between the parties, w…
discussed Cited "see" Sahagun-Pelayo v. United States (2×) also: Cited "see, e.g."
Fed. Cl. · 2014 · signal: see · confidence high
See Salles, 156 F.3d at 1384 ; Doe, ll0 F.3d at 1584-85; Jumah,90 Fed.
cited Cited "see" Aboo v. United States
Fed. Cl. · 2009 · signal: see · confidence high
See Salles v. United States, 156 F.3d 1383, 1384 (Fed.Cir.1998).
discussed Cited "see" SGS-92-X003 v. United States
Fed. Cl. · 2006 · signal: see · confidence high
See Salles v. United States, 156 F.3d 1383, 1384 (Fed.Cir.1998) (“stating that the Comprehensive Forfeiture Act of 1984, 28 U.S.C § 524(c) ‘does not authorize payment promises providing for a percentage of all seizures’”); Brunner v. United States, 70 Fed.Cl. 623, 641 (2006); Khairallah v. United States, 43 Fed.Cl. 57, 63-64 (1999) (determining that DEA field agents lacked implied actual authority to promise an award to an informant based on the outcome of a mission based on the procedure “set out in Section 524 [of Title 28]”); Cruz-Pagan v. United States, 35 Fed.Cl. 59 -60 (1996…
cited Cited "see" Brunner v. United States
Fed. Cl. · 2006 · signal: see · confidence high
See Salles, 156 F.3d at 1384 (citing 28 U.S.C. § 524 (c)).
cited Cited "see" McAfee v. United States
Fed. Cl. · 2000 · signal: see · confidence high
Landau & Co. v. United States, 886 F.2d 322, 324 (Fed.Cir.1989); see Salles v. United States, 156 F.3d 1383 (1998); Roy v. United States, 38 Fed.Cl. 184, 188 (1997).
cited Cited "see, e.g." Ingham Regional Medical Center v. United States
Fed. Cl. · 2016 · signal: see also · confidence medium
Cir. 2007); see also Salles v. United States, 156 F.3d 1383, 1384 (Fed.
discussed Cited "see, e.g." Allen v. United States
Fed. Cl. · 2015 · signal: see also · confidence medium
An officer of the United States who does not possess express contracting authority may bind the United States under limited circumstances, but only if he or she has “implied actual authority.” See Winter v. Cath-dr/Balti Joint Venture, 497 F.3d 1339, 1344, 1346 (Fed.Cir.). reh’g and reh’q en banc denied (Fed.Cir.2007); see also Salles v. United States, 156 F.3d 1383, 1384 (Fed.Cir.1998); H.
cited Cited "see, e.g." P & K Contracting, Inc. v. United States
Fed. Cl. · 2012 · signal: see also · confidence medium
See also Salles v. United States, 156 F.3d 1383, 1383-84 (Fed.Cir.1998) (affirming summary judgment for government where no facts of implied actual authority were tendered).
cited Cited "see, e.g." Gemini Electronics, Inc. v. United States
Fed. Cl. · 2005 · signal: see also · confidence medium
Mar.31, 2005); see also Salles v. United States, 156 F.3d 1383, 1384 (Fed.Cir.1998); H.
discussed Cited "see, e.g." CEMS, Inc. v. United States
Fed. Cl. · 2003 · signal: see also · confidence medium
Landau & Co. v. United States, 886 F.2d 322, 324 (Fed.Cir.), as amended on reh’g (1989) (alterations in original); see also Salles v. United States, 156 F.3d 1383, 1384 (Fed.Cir.1998); Son Broadcasting, Inc. v. United States, 52 Fed.Cl. 815, 820-21 (2002).
cited Cited "see, e.g." Bailey v. United States
Fed. Cl. · 2002 · signal: see also · confidence medium
Son Broadcasting, Inc. v. United States, 52 Fed.Cl. 815, 820 (2002); see also Salles v. United States, 156 F.3d 1383, 1384 (Fed.Cir.1998).
discussed Cited "see, e.g." Doe v. United States
Fed. Cl. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Salles v. United States, 156 F.3d 1383, 1384 (Fed.Cir.1998) (affirming summary judgment in favor of the DEA in a breach of contract action filed by a confidential informant for payment of a percentage of value of seizures and forfeitures arising from her cooperation with DEA); Henke v. United States, 43 Fed.
Retrieving the full opinion text from the archive…
Rebecca SALLES, Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee
97-5131.
Court of Appeals for the Federal Circuit.
Oct 14, 1998.
156 F.3d 1383
Alfonso Ovideo-Reyes, of Miami, Florida, argued for plaintiff-appellant., Andrea I. Kelly, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Frank J. Hunger, Assistant Attorney General, David M. Cohen, Director, and Kirk T. Manhardt, Assistant Director.
Newman, Michel, Rader.
Cited by 28 opinions  |  Published
Reporter's Syllabus — editorial summary, not part of the Court's opinion

Alfonso Ovideo-Reyes, of Miami, Florida, argued for plaintiff-appellant.

Andrea I. Kelly, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant-appellee. With her on the brief were Frank J. Hunger, Assistant Attorney General, David M. Cohen, Director, and Kirk T. Manhardt, Assistant Director.

Before NEWMAN, MICHEL, and RADER, Circuit Judges.

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

Lead Opinion

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.

[*1384] 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.

Plurality Opinion

PAULINE NEWMAN, Circuit Judge,

dissenting.

This is a troubling case. The record contains an agreement between the United States and this appellant; thus I can not join my colleagues in their ruling that there was no agreement. The agreement bears the following heading:

UNITED STATES DEPARTMENT OF JUSTICE

Drug Enforcement Administration

ACUERDO CON EL INFORMANTE

Monetary terms and other obligations specific to this informant are not stated in the agreement; thus this dispute as to what was promised and accepted. Although one can debate the purpose of this agreement, its existence belies the position of the government, accepted by my colleagues, that there was no agreement at all.

A written document need not itself be a fully integrated contract in order to memorialize that an agreement was made, when the parties have mutually assented to be bound. The authorized presentation of this agreement by agents of the Department of Justice, its signature by the informant, and its witnessing by two federal agents, evidences prima facie the intent of the United States to be bound. See Restatement (Second) of Contracts § 19 (1981). It is apparent that compensation was contemplated, and indeed some compensation has been paid.

When a written document does not state the complete understanding memorialized therein, the missing terms may be proven. Restatement, Comment, § 204(e) § 216; (“The fact that an essential term is omitted may indicate that the agreement is not integrated or that there is partial rather than complete integration. In such cases the omitted terms may be supplied by prior negotiations or a prior agreement. See § 216.” When the terms of compensation are not written into the contract, evidence thereof may be adduced. See id.

The complete disclaimer by the United States of any understanding or obligation whatsoever is what troubles me most about this case. The position of the Department of Justice that there was no agreement, and that in all events an agreement on percentage terms is not enforceable because this informant’s work turned out to produce very large monetary returns to the United States,[1] does scant credit to the nation. The integrity of the United States as a promisor is not less stringent when dealing with informants. The degree of uncertainty of the potential value of the relationship is of evidentiary relevance; it is not grounds for disclaiming the relationship entirely.

Of course, I do not know what was in fact represented and agreed. However, the appellant is not barred from seeking to establish these facts. As a minimum, the appellant is entitled to inquire into whether the Department of Justice or the DEA was authorized to promise a percentage of the[*1385] recovery, in light of the anticipated performance, the risks involved, or other considerations. I doubt that the federal agents who deal with confidential informants are required to personally have monetary authority as contracting officers, in order to have authority to promise a percentage of the illegal proceeds recovered due to the informant’s services. The record is silent on this point, but at the oral argument government counsel conceded that some persons in the Department or DEA have authority to promise compensation in the form of a percentage of the recovery.[2]

The appellant is entitled to establish, or to attempt to establish, what was in fact promised. Only thereafter can the court determine the consequences of such a promise. Thus I conclude that summary judgment was inappropriately granted. I would remand for findings, through the processes of trial.

1

The confiscation of large sums in cash, through this informant’s work, is conceded by the United States.

2

This is illustrated by a document in the record, showing a monetary award to this appellant, on a form which contains the following line:

C. Recommended percentage: N/A The government's position that a percentage is an extraordinary arrangement, available only at the highest level of the Department of Justice, is not readily reconciled with this apparently routine form.