Dennis Sysko's Legal Cases (3)

Administrative law

Defense Office of Hearings and Appeals (DOHA) ISCR Case No. 14-03016

Apr 30, 2015

OUTCOME: DUI/Alcohol - Administrative Judge found granting the applicant access to classified information was clearly consistent with national security.

Applicant was a 34 year old married man who has held a clearance since 2006. After a periodic re-investigation, the Applicant was delivered a Statement of Reasons detailing security concerns under Guid ... eline G, Alcohol Consumption, and Guideline J, Criminal Conduct and his access to classified information was suspended. The Applicant was arrested in November of 2000 and charged with driving under the influence of alcohol (DUI), possession of marijuana, and possession of paraphernalia which he pleaded not guilty to. The Applicant consented to 18 months of probation before judgement on the condition that the Applicant would abstain from using marijuana and alcohol during his probationary period and complete a 12-week drug and alcohol education course. The Applicant failed to abstain from alcohol and marijuana usage after the 12-week drug and alcohol education course, however, the Applicant ceased his marijuana usage in March of 2002. In September of 2012, the Applicant was again charged with a DUI. Two days after the arrest, the Applicant went to the state motor vehicle authority and voluntarily surrendered his license for 90 days. In October 2012, the Applicant voluntarily enrolled in mental health and substance abuse counseling with a recommendation from the counselor that he attend 26 hours of outpatient treatment and abstain from alcohol. In January 2013, the Applicant pleaded guilty to DUI. The Applicant was sentenced to 60 days in jail with 48 days suspended, and 18 months of probation, supervised for the first eight months. The Applicant served the 12 days in jail over six consecutive weekends. The Applicant completed his recommended outpatient treatment, passing four random urinalyses, and obtained a recommendation from the counselor. The Judge found the Applicant had significantly reduced his alcohol consumption, and had not committed any alcohol related offenses in over two years which was sufficiently supported by character letters. Furthermore, the Judge found the Applicant had not used marijuana in more than 10 years, and has excelled in his career since the 2012 arrest.

Administrative law

Defense Office of Hearings and Appeals (DOHA) ISCR Case No. 10-08186

Jan 15, 2013

OUTCOME: Financial - Administrative Judge found the Applicant was an acceptable security risk and granted him access to classified information.

Applicant was a 43 year old technology analyst for a government contractor. He had been cleared since 2000, married since 1996 with three children ages 11, 13, 14. Applicant’s access to classified info ... rmation was revoked for Financial Considerations under Guideline F and Personal Conduct under guideline E. Applicant filed for Chapter 13 bankruptcy in 2003 which was discharged in 2005. He filed for Chapter 7 bankruptcy in March 2010 which was discharged in November of 2010. Applicant was accused of using a company credit card for personal expenses against company policy. Applicant deliberately failed to disclose over thirty-thousand dollars in federal and state tax debt. He also failed to disclose a criminal charge of confining an unattended child in 2008. When considering the 2003 chapter 13 bankruptcy, the Judge found that bankruptcy is a legal and permissible means of resolving debt. The judge also found that applicant incurred the debt due to the medical expenses of his three children and when his wife stopped working in order to care for the children. He furthermore found the applicant filed for chapter 13 to stave foreclosure of his home, the bankruptcy payments were made and the house was sold for a profit. When considering the 2010 chapter 7 bankruptcy, the Judge found the Applicant had purchased a home with a large down payment, but the housing market collapsed and the mortgage was valued higher than the home. He found the Applicant’s children were still incurring significant medical expenses, and his wife had been laid off numerous times. When considering the deliberate failed disclosures on government clearance applications, the Judge found that the Applicant reasonably believed that his payment plan with the IRS did not constitute “debt” for the purposes of the questions and that he reasonably believed that the criminal charge of confining an unattended child was in fact a family law matter because his attorney told him so. When considering the Applicant’s use of a company credit card for personal expenses against company policy, the Judge found the Applicant never reasonably understood the policy. He found that the Applicant had received the information regarding the company policy, but it was contained in a file he never read. The Judge also found the applicant reasonably attempted to pay his personal debts on the card off every month and only fell behind because his wife was in charge of the expenses.

Administrative law

Defense Office of Hearings and Appeals (DOHA) ISCR Case No. 10-03423

Aug 23, 2011

OUTCOME: Foreign Influence/Preference - Administrative Judge found granting the applicant access to classified information was clearly consistent with national security.

Applicant was denied his clearance because of Guidelines B & C, Foreign Influence and Foreign Preference. Applicant was born in Israel. He preformed his mandatory military service in the Israeli Defens ... e Forces (IDF) and held an Israeli security clearance while in the IDF. He married a U.S. citizen in 1990, came to the United States in 1992, and became a U.S. citizen in 1996. His mother, brother, and a daughter from a previous marriage are citizens and residents of Israel. He used his Israeli passport to visit his family in Israel, but he had it cancelled when he learned that it raised security concerns. He has a nongovernmental retirement account in Israel that he established before he came to the United States. In 2009, applicant submitted a security clearance application and was denied due to his Foreign Influence and Foreign Preference (Guideline B and C respectively). The government expressed its many concerns with this individual, including, but not limited to: Israeli Citizenship (Foreign Citizenship In General) Foreign Monies Foreign Family Members Travel To Israel The Government does not take any of these issues lightly, and they are always playing hardball. We were able to help applicant exemplify the substantial factual context and mitigating factors that convinced the Administrative Judge that the applicant’s clearance was clearly consistent with national security.

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