Security Clearance Case Results

  • DOD CONTRACTOR GUIDELINE F DENIAL

    Department of Defense notified contractor employee it was unable to grant employee access to classified information and recommended the case be submitted to an Administrative Judge for a determination, based upon Guideline F (Financial Considerations) allegations of the employee’s indebtedness to State and Federal governments (failure to pay income taxes for multiple years). The Law Office of McCormack & McCormack represented the employee at an administrative hearing. Result: Successfully presented sufficient evidence to rebut, explain, extenuate, and mitigate, the security concerns. Applicant met the ultimate burden of persuasion to obtain a favorable clearance decision. Case decided for Applicant by the Defense Office of Hearings & Appeals Administrative Judge – clearance granted.

  • AIR FORCE E7 GUIDELINES E, F, AND J DENIAL

    Air Force E-7: Issued a Letter of Intent (LOI)/Statement of Reasons (SOR) to revoke eligibility for access to classified information, and assignment to duties that have been designated National Security Sensitive -- under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct); due to allegations of deliberately providing false information to an investigator; association with persons involved in criminal/gang activity; an inability to satisfy debts; check fraud; and unexplained affluence. McCormack & McCormack assisted the military member with the preparation and submission of a response to the LOI/SOR. Result: Successfully presented sufficient evidence to rebut, explain, extenuate, and mitigate the security concerns – eligibility for access and assignment granted by the Department of Defense Central Adjudications Facility (DODCAF).

  • Guideline F

    CLEARANCE GRANTED

    Department of Defense notified contractor employee it was unable to grant employee access to classified information and recommended the case be submitted to an Administrative Judge for a determination, based upon Guideline F (Financial Considerations) allegations of the employee’s indebtedness to State and Federal governments, and other indebtedness resulting in collection proceedings. The Law Office of McCormack & McCormack represented the employee at an administrative hearing. Result: Successfully presented sufficient evidence to rebut, explain, extenuate, and mitigate, the security concerns. Applicant met the ultimate burden of persuasion to obtain a favorable clearance decision. Case decided for Applicant by the Defense Office of Hearings & Appeals Administrative Judge – clearance granted.

  • DOD (Navy) Federal Employee

    Favorable clearance recommendation

    Issued a Letter of Intent (LOI)/Statement of Reasons (SOR) to revoke eligibility for security clearance, and assignment to a sensitive position -- under Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct); due to allegations of past possession of controlled substances (marijuana and cocaine); an allegation of drug use paraphernalia; allegations of driving under the influence of alcohol; allegations of public drunkenness/intoxication; and an allegation of pointing a laser at an officer. Upon a determination to deny eligibility, the employee requested a personal appearance before an Administrative Judge for a recommendation to the agency Personnel Security Appeals Board (PSAB). The Law Office of McCormack & McCormack represented the employee at the personal appearance.

    Result: Successfully presented sufficient evidence to rebut, explain, extenuate, and mitigate the security concerns. Applicant met the ultimate burden of persuasion to obtain a favorable clearance recommendation. Case decided for the employee by the agency PSAB concerned – access/clearance granted, and the employee was reinstated to previously held position.

  • DOD (Navy) Federal Employee

    Favorable clearance recommendation

    Issued a Letter of Intent (LOI)/Statement of Reasons (SOR) to revoke eligibility for security clearance, and assignment to a sensitive position -- under Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct); due to allegations of past possession of controlled substances (marijuana and cocaine); an allegation of drug use paraphernalia; allegations of driving under the influence of alcohol; allegations of public drunkenness/intoxication; and an allegation of pointing a laser at an officer. Upon a determination to deny eligibility, the employee requested a personal appearance before an Administrative Judge for a recommendation to the agency Personnel Security Appeals Board (PSAB). The Law Office of McCormack & McCormack represented the employee at the personal appearance.

    Result: Successfully presented sufficient evidence to rebut, explain, extenuate, and mitigate the security concerns. Applicant met the ultimate burden of persuasion to obtain a favorable clearance recommendation. Case decided for the employee by the agency PSAB concerned – access/clearance granted, and the employee was reinstated to previously held position.

  • DOD Contractor Employee

    Clearance / Special Access Granted

    Department of Defense notified contractor employee it was unable to grant employee access to classified information and recommended the case be submitted to an Administrative Judge for a determination, based upon Guideline B (Foreign Influence) allegations of the employee's spouse and stepson being dual citizens of Russia; that the employee's spouse owned property in Russia; and that the employee' spouse has a cousin who is a citizen and resident of Russia, and had worked for the federal service of Russia. The Law Office of McCormack & McCormack represented the employee at an administrative hearing. Result: Successfully presented sufficient evidence to rebut, explain, extenuate, and mitigate the security concerns. Applicant met the ultimate burden of persuasion to obtain a favorable clearance decision. Case decided for Applicant by the Defense Office of Hearings & Appeals Administrative Judge – clearance/special access granted.

  • Child Pornography Charge

    WITHDRAWN

    Navy E-6 on TAD orders let his roommate borrow his laptop. While looking for music, the roommate found several images/movies of child porn and immediately contacted NCIS. After a forensic evaluation was conducted by NCIS, our client was charged with possession of child pornography. At the Art. 32, we were able to establish that there was insufficient evidence to support a probable cause determination, resulting in a recommendation from the investigating officer that the charge be withdrawn. The convening authority followed the recommendation and the CHARGE WAS WITHDRAWN, enabling our client to avoid prosecution and to continue his career.

  • GUIDELINE F, H and E DENIAL

    Clearance Granted

    Department of Defense notified contractor employee it was unable to grant employee access to classified information and recommended case be submitted to an Administrative Judge for a determination, based upon Guideline F (Financial Considerations), allegations of failure or inability to live within one's means, satisfy debts, and meet financial obligations, by being indebted to the Internal Revenue Service (IRS); Guideline H (Drug Involvement), allegations of use of an illegal drug, by the use and purchase of marijuana, and court conviction for possession of marijuana; and Guideline E (Personal Conduct), allegations of conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations, as a result of the allegations cited under Guideline H and Guideline F, above. The Law Firm of McCormack and McCormack represented employee at the administrative hearing. Result: successfully mitigated all concerns - For Applicant - by the Defense Office of Hearings & Appeals Administrative Judge

  • GUIDELINE B DENIAL

    Clearance Granted

    Department of Defense notified contractor employee it was unable to grant employee access to classified information and recommended case be submitted to an Administrative Judge for a determination, based upon Guideline B (Foreign Influence), six allegations of foreign contacts and interests which may have caused manipulation or inducement to help a foreign person, group, organization, or government, in a way that was not in the U.S. interests, or was vulnerable to pressure or coercion by any foreign interest. The Law Firm of McCormack and McCormack represented employee at an administrative hearing. Result: successfully presented sufficient evidence to rebut, explain, extenuate, and mitigate the security concerns; Applicant met the ultimate burden of persuasion to obtain a favorable clearance decision. Case decided for Applicant by the Defense Office of Hearings & Appeals Administrative Judge - clearance granted.

  • DoD FEDERAL EMPLOYEE LOI ISSUED

    Clearance Granted

    Department of Defense to (Army) Federal Employee: Issued a Letter of Intent (LOI) to revoke security clearance under Guideline B (Foreign Influence); Guideline D (Sexual Behavior); Guideline E (Personal Conduct); and Guideline J (Criminal Conduct), as a result of allegations of aggravated sexual assault by force, aggravated assault (with a knife), and forced sodomy, against a female foreign national. McCormack & McCormack assisted the federal employee with the preparation and submission of a response to the LOI. Result: successfully mitigated all concerns – clearance granted by the respective Central Adjudication Facility (CAF).

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