Substantial evidence of responsible actions saves security clearance despite nearly $1,000,000 in real estate investment losses

MIDDLE ATLANTIC:  Client defense contractor was issued a Statement of Reasons (SOR) under Adjudicative Guideline F – Financial Considerations, alleging three mortgage loan accounts, totaling approximately $935,000.00 in default/arrears, with all three being foreclosed upon and the Applicant being still liable for approximately $225,000.00 in outstanding debt.  After working with client to resolve the outstanding financial liability, and presenting a strong case for responsible actions in incurring the debt, despite the substantial losses when the economy suffered a catastrophic downturn, the Administrative Judge found FOR THE APPLICANT and the clearance was granted.

Category: Uncategorized

Active Duty Member Owes Over $25,000, Retains Security Clearance

WEST COAST: Active duty E-6 received Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines for Personal Conduct and Financial Considerations concerning eight accounts in arrears/collection/bad debts totaling approximately $25,000 as well as the omission of relevant and material facts on the SF86 and admissions during OPM background investigation to spending more money than was being earned. After submission of detailed response to SOR, Central Adjudication Facility (CAF) found FOR THE APPLICANT and granted the clearance without the necessity of a Personal Appearance before an Administrative Judge from the Defense Office of Hearings and Appeals (DOHA).

Category: Security Clearance Success Stories

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E-8 Has Significant Financial Debt But Retains Clearance

SOUTH: SNCO/E-8 issued Letter of Intent (LOI)/Statement of Reasons (SOR) for Financial Considerations concerning State tax lien for unpaid taxes for several years; Child support in arrears placed in collection for over $30,000 as the result of not making full support payments over a period of approximately 7 years; and additional past due debt not being paid. After presentation of information in his response to the Central Adjudication Facility (CAF) of the client’s diligent efforts to meet financial obligations, superior personal and professional performance and conduct demonstrating a pattern of reliability, trustworthiness and ability to protect classified information, the CAF found Conditionally FOR THE APPLICANT without the necessity of a Personal Appearance before an Administrative Judge. The client need only continue to demonstrate responsible steps in paying off the debts in arrears through quarterly financial status reports to the command.

Category: Security Clearance Success Stories

Clearance Granted for Active Duty Officer Despite Significant Bureaucratic Errors by Command

EUROPE:  Client active duty officer issued Letter of Intent (LOI)/Statement of Reasons (SOR) under Adjudicative Guidelines: B – Foreign Influence, C – Foreign Preference, E – Personal Conduct, and F – Financial Considerations, based upon being identified in a Federal Bureau of Investigation (FBI) file regarding suspected provision of false statements to a financial institution for a loan to purchase property; failing to list all relatives in the SF86 Questionnaire for National Security Positions, denying possession of a passport from another country when a dual national, failure to disclose required negative financial information, as well as a number of Tax Liens and Collection accounts totaling in excess of $110,000.00, and being subject for both Foreign Preference and Foreign Influence.  The case presented one of the most complex procedural situations based upon the command’s failure to properly process paperwork resulting in conflicting guidance between the Central Adjudication Facility and the Defense Office of Hearings and Appeals concerning the status of the adjudication, however, based upon the written submission prepared to respond to the SOR the clearance was eventually granted.

Category: Security Clearance Success Stories

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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

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Active USMC Cleared with Conditions from Prior Drug Use and Financial Considerations

MIDDLE ATLANTIC – Active duty USMC E-8 issued Letter of Intent to deny Security Clearance based upon Guideline E (Personal Conduct), Guideline F (Financial Considerations) as result of approximately 20 accounts in collection/arrears/delinquent, totaling over $20,000, and Guideline J (Criminal Conduct) due to violations of UCMJ Articles 86, 91 and 92, investigation as suspect into violation of UCMJ Article 121; prior admission of illegal drug use; and as result of having previously received a favorable security clearance determination, with warning, in 1991 based upon financial irresponsibility. Clearance was then denied by Department of the Navy Central Adjudication Facility ( DONCAF) however, we appealed the decision through a personal appearance before an Administrative Judge, obtained a favorable recommendation by the Judge and granting of the appeal by the Personal Security Appeals Board (PSAB) of DONCAF, reinstating the clearance, with conditions.

Category: Security Clearance Success Stories

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Officer Cleared from Bad Debts and Fraternization with Subordinate

WASHINGTON, DC – Officer issued Letter of Intent (LOI) to deny security clearance based upon Guideline D – (Sexual Behavior), Guideline E – (Personal Conduct), Guideline F – (Financial Considerations) and Guideline J – (Criminal Conduct) as a result of receiving nonjudicial punishment for Violations of UCMJ Articles 133 and 134, inappropriate relationship with a civilian employee and fraternization with an enlisted subordinate, and numerous bad debts and accounts in collection. After submission of detailed explanation of extenuating and mitigating circumstance, resolution of financial concerns and ability to minimize UCMJ violations, client was issued security clearance without necessity of representation at an appearance before an Administrative Judge.

Category: Security Clearance Success Stories

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Active Duty E-5 Cleared From Financial Debts and Past Due Accounts

WEST COAST – Active duty E-5 issued Letter of Intent (LOI) to deny Security clearance based upon Guidelines E – Personal Conduct, F – Financial Considerations and J – Criminal Conduct as result of assault and financial Judgments (two), Collections/Bad Debts (eight) and Past Due accounts (one). The Central Adjudication Facility (CAF) did not accept the service member’s response to the LOI as satisfactory and issued a Letter of Denial (LOD), revoking the clearance. After the clearance was denied we were retained and represented the service member at a personal appearance which resulted in a favorable recommendation by the Administrative Judge followed by reinstatement of the clearance by the Personal Security Appeals Board (PSAB) at the CAF. Result: For the service member and CLEARANCE GRANTED. from that Agency as well.

Category: Security Clearance Success Stories

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Dept. of Army Civilian Employee Cleared from Debt, Rape, and DUI

EUROPE – Civilian employee of Department of the Army issued a Letter of Intent (LOI) to revoke Sensitive Compartmented Information (SCI) Access Eligibility and Security Clearance based upon Guideline F- Financial Considerations as result of five past due accounts, two accounts in collection and incomplete information provided regarding financial obligations. Upon failing to respond to the LOI, the access eligibility and clearance were revoked. Employee subsequently requested reconsideration of that decision, however, while it was being considered a subsequent LOI was issued based upon additional Guideline F – Financial Considerations arising, consisting of two accounts being placed for collection; Guideline J – Criminal Conduct as a result of a DUI and fleeing the scene of an accident; and two incident reports for sexual and criminal conduct (rape and sexual assault), three years apart, involving separate individuals; Guideline D – Sexual Behavior, regarding those two incident reports; Guideline E – Personal Conduct resulting from both the reported incidents as well as unfavorable information provided by others; and, Guideline G – Alcohol Consumption involving the above incidents. After consideration of the response to the LOIs prepared by our office, and without requiring a the necessity of a personal appearance, the Army’s Central Adjudication Facility (CCF) reinstated the Special Access Eligibility and Security Clearance.

Category: Security Clearance Success Stories

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Reserve Army Major Cleared from Allegations on Past Due Child Support

SOUTHEAST – Reserve Army Major issued a Letter of Intent (LOI) to revoke clearance based upon Statement of Reasons (SOR) allegations under Adjudicative Guideline F – Financial Considerations as the result of substantial past due balance on child support payments and proceedings in bankruptcy. Upon review of response, Army Central Clearance Facility granted clearance with warning.

Category: Security Clearance Success Stories

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