DoD Guideline B & C, 2011.

In August of 2011, Attorney Dennis J. Sysko and Henault & Sysko, Chartered successfully represented a client who was denied a security clearance for concerns falling under Guidelines B & C, Foreign Influence and Foreign Preference. (ISCR Case No. 10-03423.)

Applicant was born and raised in Israel. He was a member of the Israeli Defense Forces (IDF) and held an Israeli Security Clearance until 1976. He met his wife in the USA, they were married and moved to Israel for two years. In 1992, they moved to the USA. He became a US Citizen in 1996, and obtained a US Passport that same year. He made several trips to Israel with an Israeli passport in the early 2000’s to visit his many family members there. Applicant holds a personal retirement fund with an Israeli bank.

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. Applicant took too long to contact our offices, however, we were still able to lead him to a favorable outcome. We were able to help applicant exemplify the paramount mitigating factors that convinced the Administrative Judge that the applicant’s clearance was clearly consistent with national security.

To mitigate concerns under Guideline C, applicant destroyed his Israeli Passport and in a written statement presented to the Judge with our firms package, affirmed that if needed, he would denounce his citizenship to Israel. This amount of mitigation was acceptable to mitigate concerns under the Foreign Preference.

To mitigate concerns under Guideline B, Attorney Dennis J. Sysko presented the Judge with a packet containing an abundance of mitigating factual information that alleviated all concerns the judge had under the Foreign Influence guideline for applicant.

Applicant was granted his Security Clearance.

For more information, please see the reported case here: DOHA ISCR Case No. 11-00328