Project #77965 - Finding of facts and adjudication writing assignment

 

You are consulting a client on adjudication his past history for a security clearance. You are tasked with writing a professional narrative for the client demonstration how he or she has mitigated these past errors in judgement and financial problems.

 

Overview of the Client

 

  • Military Veteran retired

  • Master Degrees

  • Received both Financial and Alcoholism Counseling

  • Divorce was a factor in the BK filing

  • Works with youth in the community on the danger of drinking and driving

  • Lives when his or her means financial since BK

  • No relapse, sober since incident in January 2012

  • BK has been discharged by the court

 

 

 

You are two write to detail paragraphs one for Guideline F pertaining to 2012 Chapter 7 Bankruptcy and one for Guideline G pertaining to DWI. Using the mitigating factors in each section to state why the individual should be giving a security clearce. This is based on the Whole person concept.

 

 

 

Guideline F:  (2012 Chapter 7 Bankruptcy) The BK is discharged
Financial Considerations

 

18. The Concern. Failure or inability to live within one's means, satisfy debts, and meet financial obligations may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations, all of which can raise questions about an individual's reliability, trustworthiness and ability to protect classified information. An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds. Compulsive gambling is a concern as it may lead to financial crimes including espionage. Affluence that cannot be explained by known sources of income is also a security concern. It may indicate proceeds from financially profitable criminal acts.

 

19. Conditions that could raise a security concern and may be disqualifying include:

 

(a) inability or unwillingness to satisfy debts;

 

(b) indebtedness caused by frivolous or irresponsible spending and the absence of any evidence of willingness or intent to pay the debt or establish a realistic plan to pay the debt.

 

(c) a history of not meeting financial obligations;

 

(d) deceptive or illegal financial practices such as embezzlement, employee theft, check fraud, income tax evasion, expense account fraud, filing deceptive loan statements, and other intentional financial breaches of trust;

 

(e) consistent spending beyond one's means, which may be indicated by excessive indebtedness, significant negative cash flow, high debt-to-income ratio, and/or other financial analysis;

 

(f) financial problems that are linked to drug abuse, alcoholism, gambling problems, or other issues of security concern.

 

(g) failure to file annual Federal, state, or local income tax returns as required or the fraudulent filing of the same;

 

(h) unexplained affluence, as shown by a lifestyle or standard of living, increase in net worth, or money transfers that cannot be explained by subject's known legal sources of income;

 

(i) compulsive or addictive gambling as indicated by an unsuccessful attempt to stop gambling, "chasing losses" (i.e. increasing the bets or returning another day in an effort to get even), concealment of gambling losses, borrowing money to fund gambling or pay gambling debts, family conflict or other problems caused by gambling.

 

20. Conditions that could mitigate security concerns include:

 

(a) the behavior happened so long ago, was so infrequent, or occurred under such circumstances that it is unlikely to recur and does not cast doubt on the individual's current reliability, trustworthiness, or good judgment;

 

(b) the conditions that resulted in the financial problem were largely beyond the person's control (e.g. loss of employment, a business downturn, unexpected medical emergency, or a death, divorce or separation), and the individual acted responsibly under the circumstances;

 

(c) the person has received or is receiving counseling for the problem and/or there are clear indications that the problem is being resolved or is under control;

 

(d) the individual initiated a good-faith effort to repay overdue creditors or otherwise resolve debts;

 

(e) the individual has a reasonable basis to dispute the legitimacy of the past-due debt which is the cause of the problem and provides documented proof to substantiate the basis of the dispute or provides evidence of actions to resolve the issue;

 

(f) the affluence resulted from a legal source of income

 

Guideline G:
Alcohol Consumption
(DWI January 2012)

 


21. The Concern. Excessive alcohol consumption often leads to the exercise of questionable judgment or the failure to control impulses, and can raise questions about an individual's reliability and trustworthiness.

 

22. Conditions that could raise a security concern and may be disqualifying include:

 

(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;

 

(b) alcohol-related incidents at work, such as reporting for work or duty in an intoxicated or impaired condition, or drinking on the job, regardless of whether the individual is diagnosed as an alcohol abuser or alcohol dependent;

 

(c) habitual or binge consumption of alcohol to the point of impaired judgment, 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;

 

(e) evaluation of alcohol abuse or alcohol dependence by a licensed clinical social worker who is a staff member of a recognized alcohol treatment program;

 

(f) relapse after diagnosis of alcohol abuse or dependence and completion of an alcohol rehabilitation program;

 

(g) failure to follow any court order regarding alcohol education, evaluation, treatment, or abstinence.

 

23. Conditions that could mitigate security concerns include:

 

(a) so much time has passed, or the behavior was so infrequent, or it happened under such unusual circumstances that it is unlikely to recur or does not cast doubt on the individual's current reliability, trustworthiness, or good judgment;

 

(b) the individual acknowledges his or her alcoholism or issues of alcohol abuse, provides evidence of actions taken to overcome this problem, and has established a pattern of abstinence (if alcohol dependent) or responsible use (if an alcohol abuser);

 

(c) the individual is a current employee who is participating in a counseling or treatment program, has no history of previous treatment and relapse, and is making satisfactory progress;

 

(d) the individual has successfully completed inpatient or outpatient counseling or rehabilitation along with any required aftercare, has demonstrated a clear and established pattern of modified consumption or abstinence in accordance with treatment recommendations, such as participation in meetings of Alcoholics Anonymous or a similar organization and has received a favorable prognosis by a duly qualified medical professional or a licensed clinical social worker who is a staff member of a recognized alcohol treatment program

 

Subject Law
Due By (Pacific Time) 08/02/2015 12:00 am
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