Security Clearance Case Study
Industrial Security Clearance Defense
Federal Hearing Before an Administrative Judge (AJ); Criminal and Personal Conduct Guidelines Trigger an LOI and SOR; Mitigating Factors marshaled, considered and argued at Trial
For the Government — Department of Defense (DoD), Defense Office of Hearings and Appeals (DOHA);
For the Applicant — Major Aerospace Defense Contractor
This case involved a long time defense contractor and former military officer who had held a top level security clearance for many years. While holding this clearance, our client violated his home state's criminal code, which resulted in an arrest and criminal prosecution. This, in turn, further triggered security clearance concerns, a suspension of his access to classified information by DOHA, and the possibility of loss of his job and the ability to work in his chosen profession.
Our client was a good employee; held in high regard by his company, supervisors and colleagues, and by the clients whose projects he handled. His significant lapse in judgment and subsequent criminal prosecution threatened his career, and his ability to hold a security clearance of any type. It was my job as his attorney – and my privilege – to present his case to the appropriate authorities and show that it was clearly in the national interest to restore his access to classified and sensitive information.
We tried this case before an Administrative Judge in a formal hearing. The government (DOHA) was represented by DoD counsel. My argument was that my client had sufficiently mitigated the government's reasonable and understandable concerns, and that his access and security clearance should be fully restored.
The Administrative Judge found that my client had successfully mitigated the criminal and personal conduct security concerns. Client's clearance was granted.
Using decades of experience in security clearance defense work to provide a good man who had made a bad mistake with a path forward, while at the same time ensuring that his company — and the citizens of the United States — retained the services of this valuable and highly competent professional.
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