Federal Security Clearance and ATF Permit Cases
Depending on their classification, individuals and companies that work with the United States Department of Defense (DOD) may be required to obtain an Industrial Security Clearance (ISC), a Personnel Security Clearance (PSC) or a Department of Defense Facility Security Clearance (FCL). The Department of Defense issues most Security Clearances, however other federal agencies that issue Security Clearances include the Department of Homeland Security, the Department of Justice, the Department of Energy, and the Central Intelligence Agency.
The federal government conducts extensive background checks on individuals and companies seeking Security Clearances. The applicant is required to complete a Standard Form SF86 and may be subject to an extensive interview process. There are a number of factors that can contribute to the denial of a Security Clearance such as a criminal record, poor financial history or extensive contacts with foreign entities, nationals or nations. Upon an unsuccessful determination, the Department of Defense will issue a Letter of Intent to Deny an Industrial, Personnel of Facility Security Clearance. The applicant denied a Security Clearance may request a Hearing before the Defense Office of Hearings and Appeals (DOHA). Depending on the legal matter, a Hearing Officer or panel of Hearing Officers may be assigned to hear the case.
A company seeking a Facility Security Clearance, known as an FCL, is subject to an extensive application and approval process with the Department of Defense. A successful conclusion of the FCL application process will result in a Department of Defense FCL Security Agreement, known as a DD Form 441. The denial of a Facility Security Clearance could mean the loss of millions of dollars in government contracts. Facility Security Clearance delays can be avoided with effective legal representation during the FCL application process.
The Department of Defense requires service members, civilians and certain government contractors to obtain a Common Access Card, or CAC. A Common Access Card allows access to particular equipment, facilities and systems. An applicant denied a Common Access Card can Appeal the denial to an Administrative Law Hearing. An individual facing the revocation of a Common Access Card also has the right to Administrative Review. A CAC can have a number of certificates that permit access to certain systems or facilities, which can also be affected.
Applicants denied Global Entry Program Membership are entitled to written review of the denial decision. Written Appeals of Global Entry Program Membership denial are filed with the Customs & Border Protection Office of the Ombudsman, located in Vermont. Global Entry Program Membership may be denied due to felony criminal convictions, misdemeanor criminal convictions, or violations of Administrative Customs rules and regulations. Individuals who receive a Revocation of their Global Entry Program Membership may also file a written Appeal to the CBP Ombudsman’s Office.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, known as BATFE or the ATF, issues a Federal Firearms License, known as an FFL. There are eleven types of Federal Firearms Licenses. A sample of these categories includes firearms dealers, pawnbrokers, firearms importers and firearms manufacturers. The ATF also issues a Federal Explosives License, or FEL, for qualified applicants. The denial or revocation of an FFL or FEL can be appealed by requesting a Hearing. Generally, a Hearing Officer presides over the Hearing.
The Alcohol and Tobacco Tax and Trade Bureau, known as the TTB, issues licenses and permits for the export, import and manufacture and use of alcohol and tobacco products. Administrative licensing disciplinary cases involving the TTB can include the failure to pay federal excise taxes, improper labeling requirements, improperly manufacturing or transportation standards or the failure to obtain a required bond.
Our firm represents clients in Administrative Forfeiture and Civil Forfeiture proceedings. Forfeited items can include, but are not limited to, merchandise and currency. One of the most common reasons for Forfeiture is due to carrying or possessing excessive amounts of cash. The United States federal agencies that initiate most Administrative Forfeiture proceedings and Civil Forfeiture proceedings are the Bureau of Alcohol, Tobacco, Firearms and Explosive (ATF), Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), United States Attorney’s Office (USAO), United States Customs and Border Protection (CBP), United States Postal Inspection Service (USPIS) and the United States Secret Service (USSS).
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**Attorneys are only licensed to practice law in California. Attorneys’ offices are only located in California. However, pursuant to United States Code of Federal Regulations 8 C.F.R. § 1.2 and United States Code 5 U.S.C. § 500, Attorneys may practice Federal Administrative Law and represent an individual located outside of California within the parameters of Federal Administrative Law. Attorneys will NOT advise clients on the laws of any State or any State law legal matters (with the exception of California). The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Legal advertisement.**