A former military officer was working as an executive with a technology company when the Defense Office of Hearings and Appeals (DOHA) challenged his security clearance. DOHA launched the inquiry based on concerns that the executive failed to inform a previous employer that he ran a private business in his spare time.
He turned to Armstrong Teasdale's security clearance lawyers for help. Through documentation, our legal team showed that the client was unaware of his employer's policy to disclose the separate business. The response also detailed the client's unblemished record of compliance with highest professional standards, consistent with his long-standing security clearance dating back to 1982. Armstrong Teasdale's arguments and supporting information convinced DOHA that a hearing was unnecessary and it dropped its challenge to the client's security clearance.
The executive's situation is just one example of the difficulty of obtaining and keeping a security clearance particularly with in-depth scrutiny by government investigators. There's too much at stake to travel this path alone because the loss or revocation of a clearance can result in serious consequences.
Founded and headed by Brian Kaveney (1.800.243.5070 ext. 7685), an experienced litigator and former Captain in the U.S. Marine Corps., our Security Clearance team can reduce your risk. In addition to our lawyers, we employ the consulting services of Kevin W. Cox, who spent 42 years in the Department of Defense industrial security field; Joe Jessop, an authority on Joint Personnel Adjudication System matters; and David R. Hunt, who was with the Department of Defense for more than 30 years. Our team members are familiar with the applicable regulations and we will help you get and maintain the proper clearance to work with the Department of Defense, the military services, and other agencies.
The Security Clearance team also assists companies with Foreign Ownership, Control or Influence (FOCI) issues obtain a facility clearance or find innovative solutions to related problems. Our services include consulting on initial background investigations, representing clients in adversarial hearings, requesting waivers, and representing clients during the appeals process.
Service Capabilities
Pre-Security Clearance Counseling. Inadequate information can hamper efforts to obtain security clearance for your executives, managers or other important members of your staff. Let us review the SF 86 questionnaire for national security positions before submission to ensure proper explanations are provided for all answers. Our lawyers and consultants, who are retired from DISCO and DOHA, review the SF 86 for issues that may delay an individual’s clearance. We work with clients to use the additional comments section of the SF 86 to provide complete and accurate information to save government resources. A thorough, proactive response may lead to the granting of a clearance without delays or missing information. Additionally, providing complete information with the applicable mitigating conditions demonstrates to the government that any concerns have been explained, refuted or mitigated, which increases the likelihood that an individual will be granted his or her clearance.
Background investigations for national security positions are conducted to develop information to show whether applicants are reliable, trustworthy, of good conduct and character and loyal to the United States. The information provided in the questionnaire is confirmed during a government investigation. However such items as property ownership, serving on a board or owning another business that are not explained can cause a delay or even a denial of clearance. In addition to helping clients complete SF 86 forms, we assist through the entire process of obtaining a personal or facility clearance including the interview process.
Security Clearance Counseling. Because we are familiar with the appropriate guidelines, directives, executive orders and statutes, we can assist in maintaining the proper security clearance and anticipate future problems including issues related to the Freedom of Information Act (FOIA).
Denial of Security Clearance. In the event that a necessary security clearance is denied, we know how to respond. With experience before administrative judges of the Defense Office of Hearings and Appeals (DOHA) of the U.S. Department of Defense, our attorneys assist in determining whether to request a hearing, seek a waiver and/or appeal a case. We prepare the most comprehensive case that demonstrates an individual's ability to access and handle even the nation’s most vital secrets.
And we can also help when a client is faced with a denial or revocation from other Central Adjudication Facilities such as the U.S. Army Central Adjudication Facility, the Department of Navy Central Adjudication Facility, and the Air Force Central Adjudication Facility.
Appealing a Denial or Revocation.
- Alternative Dispute Resolution (ADR). We assist in alternative dispute resolution prior to the filing of an appeal with the Merit Systems Protections Board. If an appellant and an agency agree mutually agree in writing to attempt to resolve their dispute through an alternative dispute resolution process prior to the timely filing of an appeal, the time limit for filing an appeal is extended by an additional 30 days—for a total of 60 days from the date of the agency’s action.
- Merit Systems Protection Board (MSPB). The U.S. Merit Systems Protection Board (MSPB) is an independent, quasi-judicial agency that serves as the guardian of federal merit system principles. Our security clearance lawyers assist in challenging certain decisions made by federal agencies where they were employed. In some cases, the MSPB is the only remedy for current or former employees subject to adverse actions including suspensions over 14 days, removals from federal service, unfavorable suitability determinations, involuntary retirements, and involuntary removals.
- Federal Circuit. We help navigate appeals to the Federal Circuit in the event of an adverse decision by the Merit Systems Protection Board.
Maintaining a Security Clearance. We provide early notification to clients about events and issues that could lead to their loss of a security clearance and work with them to resolve these problems. We also help in submitting a Research/Recertify Upgrade (RRU).
Facility Clearances. Our attorneys are also experienced in guiding companies through the facility clearance process under the National Industrial Security Program. We advise on techniques for obtaining sponsorship requests, help with completion of all necessary documents, and assist with development and implementation of internal security operating procedures. For companies that have FOCI issues that otherwise prevent approval of a facility clearance, we design innovative approaches for "mitigation" of FOCI, and negotiation of facility security agreements with the Defense Security Service (DSS).
Congressional Inquiries. Our lawyers provide guidance in the preparation of congressional inquiries letters to applicable members of Congress regarding matters with the federal agencies. Public Law entitles constituents to correspond with their elected officials, who, in turn, will seek answers, information, and resolutions from government agencies.
Inspector General Investigations. We counsel in preparing allegations and complaints for Office of Inspector General Investigations. The Inspector General investigates complaints or allegations of wrongdoing or misconduct by employees or contractors that involve or give rise to fraud, waste or abuse with the programs or operations of federal agencies.