Dual Citizen Defense Contract Employee Granted Security Clearance

MIDDLE ATLANTIC – Applicant employee of a Defense Contractor denied Security Clearance based upon Guidelines B – Foreign Influence and C – Foreign Preference because Applicant exercised dual citizenship, possessed a foreign passport, carries both the U.S. and foreign passport when traveling, renewed foreign citizenship after becoming naturalized U.S. citizen and maintains close ties to family members who are residents and citizens of a foreign country. After presentation of case at DOHA hearing Administrative Judge found “For the Applicant” on all issues and CLEARANCE WAS GRANTED.

Category: Security Clearance Success Stories

Senior NASA Official Cleared From False Investigative Statements

MIDDLE ATLANTIC – Applicant, senior official at NASA, issued a Letter of Intent to deny clearance based upon Guideline B (Foreign Influence) and Guideline L (Outside Activities) as a result of ownership interest in foreign business enterprise; Guideline F (Financial Considerations) and Guideline E (Personal Conduct) for failure to file State Income Tax returns for several consecutive years; Guideline L (Outside Activities) for consulting work concerning foreign business enterprise; Guideline E (Personal Conduct) and Guideline I (Emotional Mental and Personality Disorders) based upon statements from supervisors, co-workers and acquaintances indicating reservations in applicant having access to classified information; Guideline E (Personal Conduct) and Guideline F (Financial Considerations) resulting in the inactivation of applicant’s government credit card due to mismanagement of the account; and, Guideline F (Financial Considerations) due to unpaid account information in applicant’s credit report.

We prepared and submitted a “voluminous” response for Applicant documenting: gross distortion/fabrication of allegations; miss-statements in investigator’s summary of comments attributed to the sources of the allegations; demonstration of whistle blower retaliatory actions by former supervisors in an effort to use security clearance mechanism to “get back” at applicant; and clarification of delayed receipt of filed tax returns (vice not filing of tax returns) with no outstanding credit issues against applicant which resulted in clearance being granted to applicant. Action also taken to have unsupported allegations removed from Applicant’s OPM Investigative file in order to preclude ability to use this unsupported information in future clearance adjudication procedures.

Category: Security Clearance Success Stories

Senior Defense Contractor Cleared from Allegations of Foreign Trade

WEST COAST – Applicant senior employee of Defense Contractor issued Statement of Reasons recommending denial of security clearance based upon Guideline B (Foreign Influence) as result of father being a resident and citizen of a foreign country, father residing with Applicant periodically in the U.S., Applicant contributing to father’s monthly support while residing overseas, Applicant’s overseas travel to country of father’s residence, Applicant providing information and documents to member of a foreign service while in possession of a security clearance, and Applicant being compensated for delivering a lecture to a foreign institute while possessing a security clearance. After presentation of case, Administrative Judge issued decision FOR THE APPLICANT, granting security clearance.

Category: Security Clearance Success Stories

Naturalized US Citizen & Native of ROC Cleared Over Security Concerns

NEW ENGLAND – Applicant native of the Republic of China and naturalized U.S. citizen, who is a senior fellow with a Defense Contractor, was issued a Statement of Reasons (SOR) alleging Guideline B – Foreign Influence and Guideline C – Foreign Preference concerns due to renewal and use of Taiwanese passport after becoming naturalized U.S. citizen and due to various family members by blood and marriage residing in Taiwan. Subsequent to hearing, government moved to reopen the case and amend the SOR to include Guideline K – Security violation and possibly Guideline E – Personal Conduct for failure to disclose security incident that occurred prior to the hearing in the case. Additional submissions by Applicant and agreed to stipulation by the parties were provided to the Administrative Judge for consideration in the matter, mitigating all concerns and demonstrating that a determination there had been a security violation had not been made prior to the hearing, thus no Guideline E issue and ultimately resulting in a finding FOR THE APPLICANT on all allegations and GRANTING of SECURITY CLEARANCE.

Category: Security Clearance Success Stories

Defense Contract Employee Cleared from Foreign Influence Allegations

PACIFIC – Applicant defense contractor employee issued Statement of Reasons (SOR) for a single Guideline B – Foreign Influence allegation pertaining to having a romantic relationship with a woman from Country A, who was then residing in Country B. The interesting aspect of this case is that the government completely overlooked the more significant aspects that it was an extra-marital relationship and that the Applicant’s wife was also a citizen of Country B. Addressing all three issues (citizenship and residency of paramour, extramarital relationship, citizenship of spouse) after presentation of the case the Administrative Judge found FOR THE APPLICANT and the clearance was granted.

Category: Security Clearance Success Stories

Reserve Officer Cleared From Foreign Alcohol Related Offense

ASIA – Reserve Officer selected for promotion to O-6 had promotion selection placed in abeyance pending resolution of Letter of Intent (LOI) to revoke Security Clearance and Sensitive Compartmented Information (SCI) access as result of following allegations involving Guidelines B – Foreign Influence, E – Personal Conduct, G – Alcohol Consumption; and J – Criminal Conduct contained in a Statement of Reasons (SOR): Employed and residing in a foreign nation for many years; possession of a permanent residence identification card for that foreign nation; charged with an alcohol related offense. Retained after the Central Adjudication Facility (CAF) has issued the letter of denial for both the clearance and SCI, we represented the officer at a personal appearance before and Administrative Judge from the Defense Office of Hearings and Appeals, resulting in a reversal by the Personnel Security Appeals Board (PSAB) of the CAF and reinstatement of the clearance and SCI access, which also cleared the way for the officer to be promoted to O-6.

Category: Security Clearance Success Stories

Couple Receive Clearance from Failure to Disclose Foreign Activities

WEST COAST – Assisted husband and wife co-Applicants for clearances after each received virtually mirror-image Statements of Reasons (SOR) based upon Guidelines B – Foreign Influence, E – Personal Conduct, and L – Outside Activities related to numerous family members being citizens/residents of a foreign country, monetary contributions towards that foreign country, ownership of foreign businesses and failure to disclose material facts (related to the other allegations) during the Application process. After successfully obtaining the first clearance following presentation of the case at a hearing before an Administrative Judge; we were then able to parlay that favorable adjudication and some minor additional information through the Defense Industrial Security Office (DISCO) and obtain the spouse’s clearance without the necessity of a second hearing.

Category: Security Clearance Success Stories

Navy O-4 Keeps Security Clearance From Foreign Military Relationships

EUROPE – Department of the Navy O-4 issued Letter of Intent (LOI)/Statement of Reasons (SOR) to revoke eligibility for security clearance and access to Sensitive Compartmented Information (SCI) under Adjudicative Guideline B – Foreign Influence due to marriage to foreign national military service member, and for having close personal relationships with foreign national citizens from various countries. After DON CAF denied the clearance/access JAG Defense was retained and, after a Personal Appearance before an Administrative Judge the DON CAF Personnel Security Appeals Board (PSAB) GRANTED THE CLEARANCE and SCI access.

Category: Security Clearance Success Stories

Navy Civilian Employee Cleared From Relationship with Foreign Officer

WASHINGTON, DC – Department of the Navy civilian employee was issued Letter of Intent (LOI)/Statement of Reasons (SOR) to revoke eligibility for security clearance and assignment to a sensitive position, under Adjudicative Guideline: B – Foreign Influence, E – Personal Conduct, and K – Handling Protected Information due to Post-Test (polygraph) interview with the FBI as result of developing a personal relationship with a foreign military officer and, over a one-year period assisting the foreign officer’s family, social interactions, probable discussions about military operations, logistical, transportation, engineering capabilities, debarkation and time movement nodes, US chemical and biological capabilities, and military units reporting responsibilities per operations plans; other foreign contacts and failure to disclose those other foreign contacts. After presentation of a substantial response, DON CAF GRANTED THE CLEARANCE and favorable suitability determination.

Category: Security Clearance Success Stories

Navy GS-15 Cleared After Sexual Affairs While Stationed Abroad

WEST COST – A GS-15 for the Department of the Navy was found to have failed to disclose a number of security issues under Adjudicative Guidelines:  E – Personal Conduct, D – Sexual Conduct, B – Foreign Influence, during previous security clearance investigations over a period of 10+ years. These issues included his solicitation of foreign prostitutes while traveling on official government business, his live-in extramarital affairs with numerous foreign women while stationed in foreign countries, and other “high risk” sexual behavior with foreign nationals. JAG Defense worked with the client over a period of 18 months while awaiting his LOI/SOR, facilitating counseling and rehabilitation. After detailed written response to SOR, the Department of the Navy Central Adjudication Facility (DONCAF) found FOR THE APPLICANT and the TS/SCI clearance was granted without the necessity of having to go through a Personal Appearance.

Category: Security Clearance Success Stories