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It is with regret that we announce the passing
of B. Daniel Lynch on July 2, 2010. He was a highly respected attorney and outstanding individual.
We will leave this web page on line temporarily in tribute to him so people can benefit from the wealth of
information he has provided.
B. Daniel Lynch is an experienced litigation and security clearance attorney who can help you get a security
clearance, or protect your current security clearance, by providing any or all of the following services on a pay-as-you-go
basis:
• Counseling you on:
– Properly filling out the SF-86/ e-QIP security clearance application
– Answering Interrogatories
– Preparation for the investigative interview
• Assisting
in preparing your response to the Statement of Reasons/ Letter of Intent
• Preparing your case for Hearing/Appearance
before an Administrative Judge
• Representing you at the Hearing
before an Administrative Judge, even on short notice
• Writing your appellate brief if there is an appeal from the Decision of the Administrative Judge
All cases are personally handled by B. Daniel Lynch
who has provided consultation for clients on over five hundred security clearance matters, including dozens of Hearings
with a success rate of over 3/4 since 2003 and half of the appeals to the Appeal Board.
He also has extensive litigation experience in cases in the State and Federal courts since 1974.
Call or email us 24/7 at 877-839-2504 or BDLLO@aol.com
Recent Hearing decisions:
March 4, 2010 - Clearance granted,
notwithstanding charges under Guideline F: Financial Considerations, medical debt, state tax liens for approximately
$5,000, $8,900 and $4,850, a Federal tax lien for approximately $11,000, and Department of Child Support Services for approximately
$80,000.
February 23, 2010 - Top Secret Clearance granted to defense contractor serving in Iraq, notwithstanding charges under Guideline F: bankruptcy in 2002, bankruptcy in 1997, alleged debts and charged-off debts totaling in excess
of $1,000,000, and foreclosure of mortgage, and under Guideline B: sister and family
are citizens and residents of Iraq, and mother-in-law, brother and parents are citizens of Iraq and residents of the US.
January 8, 2010 - Clearance granted,
notwithstanding charges under Guideline C: of dual citizenship with India, possession
of Indian passport, and intent to obtain overseas citizenship of India card, and under Guideline
B: mother, sister, and brother are citizens and residents of India, Applicant owns property in India, has a bank account
in India, travels frequently to India, and is an employee of a company that is affiliated by virtue of common ownership and
management with an Indian-based company.
Call B. Daniel Lynch toll free at 1-877-839-2504 or e-mail BDLLO@aol.com to discuss
how we can help you. All communications are confidential and privileged.
Evening, weekend appointments or phone
consultations may be scheduled.
Attorney's fees are reasonable, may be tax deductible, and can be a good investment
in your career and future income [see FAQs].
Our clients have benefitted from the above services in various circumstances which could have led to
the denial or loss of a clearance, including:
(a) contact with a foreign family member, business or professional
associate, friend, or other person who is a citizen of or resident in a foreign country
(b) connections to a foreign
person
(d) sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates
a heightened risk of foreign inducement, manipulation, pressure, or coercion;
(e) a substantial business, financial,
or property interest in a foreign country, or in any foreign-owned or foreign-operated business
(i) conduct, especially
while traveling outside the U.S., which may make the individual vulnerable to exploitation, pressure, or coercion
[Guideline
B: Foreign Influence]
(1) possession of a current foreign passport;
(2) military service or a willingness
to bear arms for a foreign country;
(7) voting in a foreign election;
[Guideline C:
Foreign Preference]
(a) sexual behavior of a criminal nature, whether or not the individual has
been prosecuted;
(b) a pattern of compulsive, self-destructive, or high risk sexual behavior
(c) sexual behavior
that causes an individual to be vulnerable to coercion, exploitation, or duress;
(d) sexual behavior of a public nature
and/or that reflects lack of discretion or judgment.
[Guideline D: Sexual Behavior]
any failure to provide truthful and candid answers during the security clearance process or any other failure
to cooperate with the security clearance process.
[Guideline E: Personal Conduct]
(a) inability
or unwillingness to satisfy debts;
(c) a history of not meeting financial obligations;
(f) financial problems
that are linked to drug abuse, alcoholism, gambling problems, or other issues of security concern.
[Guideline
F: Financial Considerations]
(a) alcohol-related incidents away from work, such as driving while under
the influence, fighting, child or spouse abuse, disturbing the peace, or other incidents of concern, regardless of whether
the individual is diagnosed as an alcohol abuser or alcohol dependent;
(d) diagnosis by a duly qualified medical professional
(e.g., physician, clinical psychologist, or psychiatrist) of alcohol abuse or alcohol dependence;
(f) relapse after
diagnosis of alcohol abuse or dependence and completion of an alcohol rehabilitation program;
[Guideline G: Alcohol
Consumption]
Use of an illegal drug or misuse of a prescription drug
(b) drug abuse is the illegal
use of a drug or use of a legal drug in a manner that deviates from approved medical direction.
(c) illegal drug
possession, including cultivation, processing, manufacture, purchase, sale, or distribution; or possession of drug paraphernalia;
(g) any illegal drug use after being granted a security clearance;
[Guideline H: Drug Involvement]
(a) behavior that casts doubt on an individual's judgment, reliability, or trustworthiness that is not covered
under any other guideline, including but not limited to emotionally unstable, irresponsible, dysfunctional, violent, paranoid,
or bizarre behavior;
(c) the individual has failed to follow treatment advice related to a diagnosed emotional, mental,
or personality condition, e.g., failure to take prescribed medication.
[Guideline I: Psychological Conditions]
(a) a single serious crime or multiple lesser offenses;
(b) discharge or dismissal from the Armed Forces
under dishonorable conditions;
(c) allegation or admission of criminal conduct, regardless of whether the person was
formally charged, formally prosecuted or convicted;
[Guideline J: Criminal Conduct]
Deliberate or negligent failure to comply with rules and regulations for protecting classified or other sensitive
information
(a) deliberate or negligent disclosure of classified or other protected information to unauthorized persons,
(b) collecting or storing classified or other protected information in any unauthorized location;
(c) loading, drafting,
editing, modifying, storing, transmitting, or otherwise handling classified reports, data, or other information on any unapproved
equipment
(e) copying classified or other protected information in a manner designed to conceal or remove classification
or other document control markings;
(g) any failure to comply with rules for the protection of classified or other sensitive
information;
(h) negligence or lax security habits that persist despite counseling by management;
[Guideline
K: Handling Protected Information]
(a) any employment or service, whether compensated or volunteer, with:
(1) the government of a foreign country;
(2) any foreign national, organization, or other entity;
(b) failure
to report or fully disclose an outside activity when this is required.
[Guideline L: Outside Activities]
Noncompliance with rules, procedures, guidelines or regulations pertaining to information technology
systems
(a) illegal or unauthorized entry into any information technology system or component thereof;
(d) downloading,
storing, or transmitting classified information on or to any unauthorized software, hardware, or information technology system;
(e) unauthorized use of a government or other information technology system;
(g) negligence or lax security habits
in handling information technology that persist despite counseling by management;
[Guideline M: Use of Information
Technology Systems]
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B. Daniel Lynch Law Offices 301 E. Colorado Blvd., Suite 709 Pasadena, CA 91101-1911 BDLLO@aol.com
(626) 796-3182 Toll Free: 1-877-839-2504
Security clearance attorney B. Daniel Lynch, California State Bar No. 57661, can provide you
with legal counsel at all stages of the security clearance process in both Defense Office of Hearings and Appeals (DOHA) and
SCI areas. For example, in the DOHA proceedings, attorney Lynch can provide legal advice regarding taking polygraph examinations, the
pitfalls of filling out the SF-86, and on how to best respond to a Statement of Reasons. If the case goes to a hearing, he
will assist you in preparing the case for the most effective presentation of evidence and argument, and will represent you
at the hearing. If there is an appeal, he can also represent you at that stage in preparation and filing of the Applicant’s
Brief on Appeal. Available for Hearings in California, Arizona, Washington, and other States. LEGAL
DISCLAIMER: The information at this web site is for advertising and general information purposes. This information is not
intended to be legal advice for you to rely on to make decisions regarding your particular situation.
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