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LawHelpNow
LawHelpNow, Attorney/Lawyer
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I am a contractor that holds a TS SCI. I recently got read

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I am a contractor that holds a TS SCI. I recently got read off SCI pending response to Statement of reasons. I have recieved notice of the intention to revoke my clearance under financial considerations. I have a significant amount of debt that surfaced after the SPIN that I was not aware of. I have been avaiding bankruptcy for years now and don't know if filling now would help mitigate my circumstances. Most of the debt is owed to colleges and some to DFAS after an honorable discharge from the military. Unemployment afterwards and medical issues, car accidents and increased cost of living. I am eligible to file for BK. I have sought financial counceling but to no avail. Because I got removed from my position, I don't know if things will only get worst. What should I do?
Submitted: 5 years ago.
Category: Legal
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks for choosing Just AnswerTM. I am a licensed attorney, and I will be glad to try and assist you. To assist in providing you with accurate information, could you please clarify this point:

 

  1. What is name of the agency that issued the notice of intention to revoke? (or was it a private contracted entity?)

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Customer: replied 5 years ago.
The adjudicating agency is Army CCF. And it is the intent to revoke SCI eligibility
Customer: replied 5 years ago.
I guess another question to add is if it is likely/unlikely for me to retain my TS collateral or maybe a secret level? WIll they just take all of it?
Customer: replied 5 years ago.
are you still there?
Expert:  LawHelpNow replied 5 years ago.

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

  1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you very much for taking the time to write back and supply the additional requested information, which was helpful to my analysis. Please allow me to begin by saying I am sorry for what you have been through, and I hope that things get resolved appropriately.
  2. This is a tricky situation, so let me discuss it in some depth. You may well already know some of this, but I want to be as thorough as possible. If you want to give your best shot at salvaging the situation -- and I can only imagine how important this must be to you -- here are some things to consider. First, by way of procedural background, usually the intent to revoke letter sets forth two procedural paths: (1) forfeit your opportunity to contest the security clearance revocation; or (2) elect to submit a statement and materials for consideration in the final adjudication. Generally you would have 10 calendar days to inform the CCF of your intent to submit a statement and materials for consideration. You would then have sixty calendar days from the date you received the intent to revoke letter to respond.
  3. In my estimation, you should absolutely elect to submit a statement and materials for consideration in the CCF's final adjudication. Then, you will have a bit of "breathing room" to give you time to exercise two critical rights: (1) your right to request a copy of the investigative file; and (2) your right to seek legal advice, which in my opinion is critical. To understand the factual background of the case, you or your attorney should immediately request a copy of the file from the CCF. A preprinted form requesting this information from the CCF should be attached to the letter. The file will give the factual basis for the proposed revocation and allow the attorney and client to address each allegation with particularity. Armed with the facts, an attorney can, in turn, hone your submission and thereby give you the greatest possible benefit of counsel.
  4. I say all of that especially given your particular circumstances -- in other words your financial difficulties. While I realize this is important, these grounds are certainly a far cry from something egregious like a security breach, criminal conviction or issues of moral turpitude. Being in Virginia, you are in just about the best locale as far as finding counsel who actually "hands on" experience in handling these matters. So, my botXXXXX XXXXXne would be definitely consult experienced counsel at your very earliest opportunity. I realize this is easy for me to say in light of your financial problems, but this is your livelihood at stake. Hence, my best advice is definitely go at this armed with a good lawyer. I hope that all works out well for you, and please feel free to write back if I can do anything else to assist you.

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
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