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Security Clearance Continued for Client after ATF Investigation
MIDDLE ATLANTIC - Client government employee of the Department of Homeland Security was issued a notice of intent to revoke clearance under Adjudicative Guidelines: E - Personal Conduct, G - Alcohol Consumption, and J -Criminal Conduct, based upon allegations of illegal behavior, association with known criminals, and use of alcohol. Questionable conduct concerns were raised as a result of an investigation by the Alcohol, Tobacco and Firearms (ATF) for trafficking of illegal arms which disclosed that two close acquaintances were convicted of gun-related offenses and that client participated in swapping out a registered for an unregistered weapon, disposal of the unregistered weapon. The acquaintances were also involved in other offenses related to weapons about which the client had no personal involvement. Additionally, the client consumed alcohol and then misrepresented himself as a police officer in an effort to preclude vandalism of a public place, which resulted in a requirement to complete an alcohol/substance abuse program over several months as a result of frequent excessive consumption of alcohol. After presenting a written response to the allegations the Chief Security Officer sustained the continuation of the client's security clearance.
CAF Granted Clearance without Necessity of a Personal Appearance
MIDWEST - Client Federal Government employee of the Department of Defense was issued a Letter of Intent (LOI)/Statement of Reasons (SOR) based upon Adjudicative Guidelines: F - Financial Considerations, J - Criminal Conduct, and E - Personal Conduct as a result of 11 accounts in arrears, charged-off, in collection, foreclosed upon, past due, resulting in Judgment, and two separate Bankruptcy filings, with the debts totaling over $150,000, a warranted arrest for being a fugitive from justice, and material misrepresentations in the client's SF86/Questionnaire for National Security Positions. After submission of a detailed written response to the SOR the Central Adjudication Facility granted the clearance without the necessity of a Personal Appearance before an Administrative Judge.
Service Member Cleared from DUI Charges & Continuance of Alcohol Abuse
MOUNTAIN WEST - Active duty service member issued Letter of Intent (LOI)/Statement of Reasons (SOR) due to allegations under Adjudicative Guidelines for J - Criminal Conduct, E - Personal Conduct, and G - Alcohol Consumption concerns as a result of extensive history of alcohol consumption beginning in the early teenage years, self-identified alcohol dependence with inability to stop consumption, treatment for alcohol consumption followed by a DUI while undergoing outpatient treatment for alcohol consumption at time of DUI, failure to disclose DUI to command, and continuing to consume alcohol after being diagnosed as an alcohol abuser. After submission of a response to the SOR the Central Adjudication Facility granted the clearance without the necessity of a Personal Appearance.
Senior Civilian Contractor Cleared of an Inappropriate Sexual History
MIDDLE ATLANTIC - Senior civilian contractor issued Letter of Intent (LOI)/Statement of Reasons (SOR) by Central Adjudication Facility with regard to eligibility for access to Sensitive Compartmented Information (SCI) under Adjudicative Guidelines for E - Personal Conduct, D - Sexual Behavior, and J - Criminal Conduct as a result of loss of eligibility for access to SCI by a "three-lettered Agency," because of an extensive history of sexual behavior of a public nature, and negative information resulting from a government-directed psychological examination. After presentation of the client's case before an Administrative Judge from the Defense Office of Hearings and Appeals, the access was reinstated.
Client Gov. Employee Cleared of Multiple Misconducts and Felonies
WASHINGTON DC - Client government employee was issued a Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines for D - Sexual Behavior, E - Personal Conduct and J - Criminal Conduct as a result of felony abduction of a woman from whom it was alleged the client demanded sexual acts and was restrained when she refused to comply, for providing misleading information to the background investigator concerning that offense; failure to disclose being a plaintiff in a civil lawsuit; failure to disclose being the defendant in a different civil lawsuit, garnishment of wages, failure to pay child support, and having the IRS impound tax refunds to pay the child support; arrest for threatening and harassing a woman, and pleading guilty to harassment, and stalking; resigning from employment in lieu of being charged with time-card falsification and being charged in two sexual harassment complaints, and sending a threatening email to the employer; and for being punished for sexual harassment after entering the room of female service members on several occasions and touching and harassing the occupants of the room. After representing the client at a Personal Appearance the Administrative Judge rendered a favorable recommendation that the client Sensitive Compartmented Information (SCI) access and collateral security clearance be reinstated.
JAG Defense Retains Security Clearance for Active Duty Member
WASHINGTON DC - Client active duty member was previously denied access to classified information by another Federal Agency when that denial file was forwarded to the client's service Central Adjudication Facility (CAF), which issued a Letter of Intent (LOI)/Statement of Reasons (SOR) to which client responded. The SOR was based upon Adjudicative Guidelines for B - Foreign Influence, D - Sexual Behavior, E - Personal Conduct, F - Financial Considerations, H - Drug Involvement, J - Criminal Conduct, and M - Use of Information Technology Systems as a result of refusal to pay delinquent credit accounts, retaliatory damage to the property of a neighbor, vandalism, providing false information to law enforcement, reckless driving, reckless discharge of firearms on various occasions and settings, numerous adulterous relationships to include with a foreign national, transmission of pornographic self-images through government computer and information systems, theft of government property, drug use by the client and the client's spouse, involvement in drug dealing, sexual relations with a minor, multiple failures to successfully complete polygraph examinations, pointing a loaded handgun at a neighbor, bringing a concealed weapon to the workplace, theft of government property, and possession of unregistered weapons on government property. Upon receipt of Letter of Notification of revocation of clearance by the service CAF, client retained JAG Defense for representation at a Personal Appearance before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA). After presenting the case at the Personal Appearance the Personnel Security Appeals Board (PSAB) reinstated the client's clearance.
Categories: Security Clearance Success Stories
