EXAMPLES OF THE FIRM'S RECENT SECURITY CLEARANCE  CASES

Note:  In the following case summaries, the term "Intelligence Community" (IC) refers to the myriad U.S. Government departments and agencies whose activities are coordinated by the Director of National Intelligence (DNI).  Civilian components of the IC include the Central Intelligence Agency (CIA); the Federal Bureau of Investigation (FBI); the Department of State Bureau of Intelligence and Research (INR); the Department of Homeland Security (DHS), to include Coast Guard Intelligence and the Secret Service; the Department of the Treasury; the Drug Enforcement Administration (DEA); and the Department of Energy (DOE).  Within the Department of Defense (DoD),  IC members include the Defense Intelligence Agency (DIA); the National Security Agency (NSA); the National Reconnaissance Office (NRO); the National Geospatial-Intelligence Agency (NGA);  Air Force Intelligence; Army Intelligence; Marine Corps Intelligence; and Navy Intelligence.     

    A   DoD contractor, who was a native-born U.S. citizen and had held a security clearance for over 20 years, faced denial of his application for a clearance upgrade and revocation of his existing clearance due to security concerns arising out of his dual citizenship, alleged foreign preference, and contacts with family members who were citizens of and residing in Israel.  Thirty years earlier, while temporarily living and working in Israel, he had automatically and involuntarily become a citizen of that country through the "Law of Return."  He was subsequently drafted into the Israeli Defense Forces (IDF) where he served as an enlisted soldier for six months.  He returned to the United States where he resided without interruption for over 30 years.  He had no further contact with the IDF or the Government of Israel.  However, he periodically used his Israeli passport to re-enter Israel in order to visit his in-laws and friends.    (Guideline B, Foreign Influence; Guideline C, Foreign Preference.)  After we successfully mitigated all security concerns at a DoD Industrial Security Clearance Review (ISCR) hearing, the Defense Office of Hearings & Appeals (DOHA) administrative judge found in our client's favor.   Our client's security clearance was continued and upgraded  to the requested level.  (For the reported decision in this case, see DOHA ISCR Case No. 03-10979.)

   An  IC contractor faced denial of  sensitive compartmented information (SCI) access due to security concerns arising out of allegations that, during a polygraph interview, he had admitted to abusing prescription medications and other controlled substances; and  engaging in unethical business practices.  (Guideline E Personal Conduct; Guideline F, Financial Considerations; Guideline H, Drug Involvement;  and Guideline J, Criminal Conduct.)  Our firm conducted an in-depth investigation and prepared a written rebuttal which refuted and/or substantially mitigated all of the security concerns.  The Government  reversed its initial unfavorable security determination and granted our client SCI access.

   A  junior U.S. Army Officer and Iraq combat veteran faced denial of his application for a security clearance upgrade and revocation of his existing clearance due to security concerns arising out of uncorroborated allegations that he had used a previous civilian employer's computer in a check fraud scheme; failed to pay just debts; and lied to Defense Security Service (DSS) personnel security investigators.  (Guideline E, Personal Conduct; Guideline F, Financial Considerations; Guideline J, Criminal Conduct; and Guideline M, Misuse of Information Technology Systems.)  Following erroneous advice and guidance provided by his well-meaning but ill-informed unit security officer, he drafted a rebuttal to the Statement of Reasons (SOR) and submitted it to the U.S. Army Central Personnel Security Clearance Facility (CCF) before either obtaining his personnel security investigative file or consulting legal counsel.  CCF affirmed the initial adverse decision and forwarded the case to DOHA for a personal appearance hearing before an administrative judge.  Upon entering the case, our firm demonstrated to both DOHA and CCF that our client had been denied his procedural due process rights  during the initial adjudication processing. DOHA returned the case to CCF for reconsideration.  Our firm conducted an extensive field investigation and submitted a new written rebuttal to CCF which refuted all of the allegations made against our client.  On reconsideration of our client's case, CCF reversed its previous unfavorable security determination and granted him a Top Secret Clearance and SCI access. 

  An active duty Army National Guard NCO  faced denial of a security clearance due to a prior bankruptcy and subsequent delinquent debts. (Guideline F, Financial Considerations.)  After our rebuttal to the Statement of Reasons (SOR) mitigated the security concerns by showing a several-year history of financial responsibility and no delinquent loan accounts in, clearance was granted . 

   A senior Army officer and long-time security clearance holder, faced revocation of his Top Secret clearance due to a 25 year-old criminal record arising out of several youthful indiscretions and a more recent driving under the influence (DUI) conviction.  (Guideline E. Personal Conduct; Guideline G, Alcohol Consumption; and Guideline J, Criminal Conduct.)     He also faced loss of  a pending promotion and possible involuntarily separation from the Army due to his potential ineligibility for a security clearance. By showing that our client had not only rehabilitated himself but also had served in a exemplary fashion during over 20 years of commissioned service, we substantially mitigated the security concerns. His security clearance was reinstated and he was shortly thereafter promoted.   

  A DoD contractor, who was born in the former Soviet bloc but a naturalized U.S. citizen,  faced denial of his security clearance due to concerns about his prior service as an NCO in the Russian Army, his immediate family members who were foreign nationals and still living in eastern Europe, and his sources of income. (Guideline B, Foreign Influence; Guideline C, Foreign Preference; and Guideline F, Financial Considerations.)  After we successfully responded to all of the security concerns raised in the original DOHA  Statement of Reasons (SOR), and provided additional financial information in response to new concerns raised by the DOHA Department Counsel, clearance was granted without an Industrial Security Clearance Review (ISCR) hearing. 

  A DoD contractor, who was an Iranian-born naturalized U.S. citizen and long-time U.S. resident, faced denial of his security clearance because of security concerns about family members who were citizens of and still living in Iran. (Guideline B, Foreign Influence.)  After the firm mitigated the security concerns at an  ISCR hearing,  the DOHA administrative judge found in our client's favor and the security clearance was granted. (For the reported decision in this case, see  DOHA ISCR Case  No. 02-23755.) 

   A DoD contractor, who was a naturalized U.S. citizen, faced revocation of his DoD industrial security clearance because of security concerns about family members who were citizens of and residing in a foreign country; his employment with  that country's government 25 years earlier; contacts with a friend who still worked for that foreign government; and his infrequent travel to that foreign country. (Guideline B, Foreign Influence.)  The firm succesfully mitigated all security concerns in our rebuttal to the SOR and DOHA permitted our client to retain his security clearance without the need for an ISCR hearing.

  A DoD contractor, who was both a native-born U.S. citizen and retired U.S. serviceman, faced revocation of his security clearance due to concerns about his alleged failure to report a relative's alleged contact with a foreign intelligence service; the fact that his spouse was a foreign citizen residing in the foreign country; his own long-term residence in the same foreign country (on behalf of the U.S. Government); and his spouse's purchase of residential property in that country. (Guideline E, Personal Conduct; Guideline B, Foreign Influence.)  At our client's Industrial Security Clearance Review (ISCR) hearing, we succesfully refuted all allegations of  misconduct or poor judgment and substantially mitigated the security concerns about his family, real estate interests, and U.S. Government directed living situation. Our client retained his security clearance. (For the reported decision in this case, see  DOHA ISCR Case  No. 02-31094.)

  An  IC contractor and long-time Top Secret security clearance and sensitive compartmented information (SCI ) access holder faced revocation of his SCI access by the Government due to security concerns about his lack of candor with investigators; his relationship with an immediate but now deceased family member who had allegedly been the chief of a criminal enterprise; prior drug use; and alleged involvement in several criminal activities.  (Guideline E, Personal Conduct; Guideline H, Drug Involvement; and Guideline J, Criminal Conduct.) As part of the review and appeals process, our firm submitted a written rebuttal to the Government adjudication office.  We were able to  completely refute the unfounded criminal conduct allegations and mitigate the personal conduct and drug involvement issues.  The Government gave our client the opportunity to continue security processing for the purpose of corroborating the  information we had provided.  Our client's  access was  subsequently reinstated. 

   The Government revoked the access to classified information of our client, a long-time security clearance holder and  IC contractor, as the result of  alleged inappropriate use of Government computer systems, to include the use of an unauthorized, hidden data base and participation in a unauthorized, hidden chat room. (Guideline M, Misuse of Information Technology Systems.)  As part of the specific agency's appeal process, our firm requested a first-level review of the adverse decision and submitted a written rebuttal which completely refuted or signficantly mitigated all of the allegations of misconduct and poor judgment. Our initial written appeal was successful and the Government reversed its initial decision. Our client's eligibility for access to classified information was reinstated.  Furthermore, the government agency provided a written statement certifying that, on future security applications and forms, our client could affirm that he had never had a clearance or access either denied or revoked.

  An   IC contractor faced denial of his application for sensitive compartmented information (SCI) access due to security concerns arising out of allegations that he was deceptive and lacked candor during personnel security interviews; had participated in a burglary as a teenager and, as an adult, had pilfered property and cash from a former employer; had experimented with marijuana as a teenager and misused prescription pain-killers as an adult; had viewed adult pornography on a company computer; and had engaged in sexual voyeurism. (Guideline D, Sexual Behavior; Guideline E, Personal Conduct; Guideline H, Drug Involvement; Guideline J, Criminal Conduct; and Guideline N, Misuse of Information Technology Systems.)  As part of the review and appeals process, our firm submitted a written rebuttal to the Government agency. We completely refuted all of the serious allegations and satisfactorily mitigated the remaining one or two minor security concerns. The Government granted  our client the opportunity to continue security processing. He was subsequently granted both a DoD  Top Secret clearance through the Industrial Security Clearance program and SCI access.