Tax Issues and Security Clearances

By John V. Berry, www.berrylegal.com

We have had an increase in security clearance cases arising over the last 5 years involving the issue of taxes and security clearances. This article discusses some of the issues that security clearance holders or applicants have had with tax issues and how they have affected their ability to obtain or maintain a security clearance. Tax issues fall under Guideline F of the Adjudicative Guidelines, involving Financial Considerations. The Adjudicative Guidelines are the rules that federal agencies apply to federal employees and government contractors that must hold security clearances.

Specifically, with regards to tax issues, Guideline F, Paragraph 18(f) provides the security concern that the government has with respect to taxes: “failure to file or fraudulently filing annual Federal, state or local income tax returns or failure to pay annual Federal, state or local income tax as required.”  This article discusses some of the more prevalent tax issues and what can be done about them to give one the best chance of maintaining or obtaining a security clearance. Please go to page 2 of this article for a full discussion of these issues.

Marijuana and Security Clearances Don’t Mix

By John V. Berry, Esq., www.berrylegal.com

There have been a number of states that have legalized marijuana over the past 10 years. This has led to a great deal of confusion by security clearance holders about the legality of marijuana usage while holding or seeking a security clearance. Many states like Colorado or California have legalized marijuana, but it remains illegal under federal law.  This can cause problems for security clearance applicants or holders. This article discusses these issues.

 

MJ

Image from Wikipedia, By Oren neu dag, https://commons.wikimedia.org/w/index.php?curid=4085127

 

Continue reading

How Do Psychological Conditions Affect Security Clearances?

By John V. Berry, Esq., www.berrylegal.com 

Psychological concerns can become an issue in security clearance cases for government contractors and federal employees. A mental health diagnosis can enter an individual’s life at any time. When a psychological issue arises in the context of applying for or attempting to retain a security clearance it is very important for the individual to seek legal advice and potential legal representation in order to enable the person the best opportunity to maintain or obtain their security clearance. The individual should retain a security clearance lawyer for this purpose.

Mental_Disorder_Silhouette

Courtesy – Wikipedia by By Paget Michael Creelman

Continue reading

Financial Concerns For Security Clearance Holders

By John V. Berry, Esq., www.berrylegal.com

One of the most often raised issues in security clearance cases involves the issue of financial concerns for a federal employee or government contractor.  The majority of security clearance cases, by far, involve this issue.  This type of security clearance case falls under Guideline F, Financial Considerations of the new June 2017 Adjudicative Guidelines contained in Security Executive Agent Directive 4.   Guideline F is the section of the Adjudicative Guidelines which involve financial considerations and provides the basis to evaluate their impact on an individual’s ability to maintain a security clearance.

Continue reading