WEST COAST: Contractor had secret security clearance suspended over concerns with violation of corporate policy regarding the misuse of Portable Electronic Device (PED). Two years later, Supervisor submitted for a top secret clearance and Contractor received Statement of Reasons (SOR). Contractor responded to SOR without requesting a hearing. After retaining JAG Defense to assist with a response to the File of Relevant Material (FORM) submitted by Department Counsel, security concerns arising under Guideline M were successfully mitigated and Contractor granted top secret security clearance.

WEST COAST: Client Federal Government civilian employee within the Department of Defense, was issued a Letter of Intent (LOI) and Statement of Reasons (SOR) under Adjudicative Guidelines E – Personal Conduct, M – Use of Information Technology
Systems, F – Financial Considerations as the result of alleged deliberate omissions in the Questionnaire for National Security Positions (SF86)/eQIP, previous issuance of an LOI/SOR, emails discovered on the government-provided computer/email concerning an adulterous affair, as well as visiting unauthorized gambling/sports betting websites and making bets and wagers through the government-provided computer, and pornographic files contained on the computer; and because the client has had a history of not meeting financial obligations going back approximately 20 years to include two Chapter 7 Bankruptcies, with the last one being within the last 4 years. After presentation of a detailed response denying certain allegations, while admitting to and mitigating others, the Central Adjudication Facility granted the clearance without the necessity of a Personal Appearance.

WASHINGTON, DC - Reserve Officer received a Letter of Intent (LOI), from the Service's Central Adjudication Facility, to revoke security clearance based upon Guideline E - Personal Conduct; and Guideline M - Misuse of Information Technology System (accessing pornographic Web sites on a government computer on a number of occasions, for which the officer also received NJP). Assistance provided by our firm in responding to the LOI, demonstrating "whole person concept" - to balance out relatively isolated instances of misconduct - was sufficient for officer to retain clearance without necessity of appearing before an Administrative Judge and further administrative action, thereby permitting officer to retain clearance that was necessary for continued employment with defense contractor in civilian sector as well as for Reserve duty.

MIDDLE ATLANTIC - A fairly recently hired Federal Government civilian employee was issued a Notice of Intent to Suspend Access to classified material pending adjudication of security clearance issues. Because all civilian positions in the activity required possession of a valid clearance, employee was placed on administrative leave with pay for 30 days, to be followed by an indefinite period of administrative leave without pay pending final adjudication of the clearance issues. Security clearance issues were related to allegations under Adjudicative Guidelines: M - Use of Information Technology System due to misuse of a government computer and government laptop computer to visit inappropriate adult themed websites while on active duty - that resulted in the officer's decision to retire from active duty, and a requirement to go through a retirement grade determination; as well as allegations from the immediate past former employer regarding misuse of company e-mail and violations of company e-mail policies. Quickly preparing response to the Notice of Intent to Suspend Indefinitely, through written submissions and two personal presentations to the command, we were able to: first, get the command to extend the period of administrative leave with pay; and, more importantly, obtain through our written submissions and presentation to the command, command support to the Central Adjudication Facility (CAF) on behalf of the client, resulting in a favorable adjudication of the issues at the CAF without the necessity of client being placed on administrative leave without pay, issuance of a formal Letter of Intent (LOI) to revoke the clearance, or having to appear at a Personal Appearance before an Administrative Judge for an appeal to the Personnel Security Appeals Board (PSAB) of the CAF. Result - client retained a pay status throughout the proceedings and clearance was retained, with cautions.

SOUTHEAST - Marine Corps O-5 was issued Letter of Intent (LOI)/Statement of Reasons (SOR) to revoke security clearance and access to Sensitive Compartmented Information (SCI), under Adjudicative Guideline: E - Personal Conduct, K - Handling Protected Information, and M - Misuse of Information Technology Systems due to mishandling of classified information by leaving it on a desk; mishandling classified information at work station; sending classified attachment on a NIPR email; having classified documents on NIPR hard drive; dozens of classified documents on a NIPR share drive; being repeatedly counseled on proper handling of classified materials. After DON CAF denied clearance, client retained JAG Defense. After presentation of case at Personal Appearance before Administrative Judge from Defense Office of Hearings and Appeals, the Personnel Security Appeals Board (PSAB) found FOR THE APPELLANT and the clearance was reinstated.

WASHINGTON, DC - Client received interrogatories from Adjudication Authority concerning events that would fall under Adjudicative Guidelines E - Personal Conduct, and M – Use of Information Technology Systems as a result of improper use of employer provided computer by searching for and viewing inappropriate images, being terminated from one employer as a result of misuse of Information Technology Systems, and a later improper use of Technology Systems at a subsequent employer. After providing a detailed response to the Interrogatories to include steps taken to preclude future similar inappropriate behavior, Adjudication Authority granted the clearance with no further proceedings required.

SOUTHWEST - Client received notification of the creation of a Security Information File (SIF) under Adjudicative Guideline M - Use of Information Technology Systems for the introduction of a personally owned media into a government system and introduction of a wireless devise within a classified area. We assisted the client in responding to the SIF resulting in the clearance being continued, without the issuance of a Letter of Intent (LOI)/Statement of Reasons (SOR).

NORTHWEST - Client issued Notice of Intent to suspend access to classified information and assignment to a sensitive position under Adjudicative Guideline M - Misuse of Information Technology Systems following investigation into loss or compromise of classified information as a result of knowingly copying classified information to an unclassified computer on several occasions and the discovery of classified files on multiple hard drives used by client and associated with an unclassified network. Following submission of response to proposed suspension the Central Adjudication Facility (CAF) determined that suspension of access/assignment was not required and the client received a favorable clearance determination without the issuance of a Letter of Intent (LOI)/Statement of Reasons.