Contacting Investigators Who Don't Ask To be Contacted

INVESTIGATORS
1

I was employed by a major defense contractor from 2013 - 2020. I observed serious classified security vulnerabilities and reported them to my employer. The FSO and his Security team ignored my concerns. This went on for years, and eventually I was forced to escalate my concerns to the Defense Counterintelligence Security Agency.

The D.C.S.A. disclosed my identity to my employer. I was subjected to retaliation by the FSO, my Security manager, and my IT manager, so I filed a whistle blower reprisal complaint. Shortly thereafter, I learned that all three of them were engaged in activity to bring about the revocation of my clearance.

Prior to learning I was the whistle blower, Security told me there was no Top-Secret classified work at my location. I informed my employer (in writing) that even if the work existed, I did not want to be adjudicated for a Top-Secret clearance, and would not perform Top-Secret work for them. (Their classified security program was abysmal.) However, after learning I was the whistle blower, my FSO revoked my access to classified work, flagged my JPAS record, then submitted a request for the government to elevate my clearance to the Top Secret level! (Submitting a request to adjudicate an employee for a clearance they do not need is a violation of Federal law.)

I was contacted by an Investigator, and provided a long list of character references. As far as I know, she didn’t speak to any of them. Instead, she spoke to my FSO, who provided her with fake adverse information. He then arranged for her to meet with the Security manager and the IT manager who were also subjecting me to retaliation. They also provided fake adverse information to the Investigator.

I learned about this plot to bring about the revocation of my clearance through FOIA requests. I have seen the fake adverse information the three managers provided to the Investigator. I have no reason to believe the Investigator knows she was lied to. She is probably unaware that my employer is trying to manipulate the CAF into revoking my clearance.

I have two questions. Do I have a right to contact the Investigator and refute the fake adverse information she was given? If so, how do I do this? Her name has been replaced by a number on the documents I received through my FOIA. Any advice you can offer will be appreciated.

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Are you still working for this employer? If so I would recommend getting human resources involved immediately.

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I did get Human Resources involved. I told them there were severe security vulnerabilities that exposed classified weapons systems data to theft by hostile foreign agents. This was a legitimate national security concern, and the FSO was doing nothing about it.
HR responded by protecting Security. They subjected me to three forced psychological evaluations. I passed the psych evals, and the FSO failed to fool the CAF into revoking my clearance (so far) so HR created an excuse to terminate me. They accused me of defrauding the federal government by billing them for two hours of labor that I (allegedly) didn’t perform. They reported that fake adverse information to JPAS.
No, I am not working for that employer. I am not working for any employer, because they flagged my clearance. This put a stop to the re-adjudication of my clearance, which means the fake adverse information (and the flag) will remain there forever? My FSO and employer are lying to and manipulating the Special Agent and the CAF, and neither seems to know. What can I do?

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The investigators job is to cover the items assigned using the information/documentation provided at the time assigned. The details reviewed are limited to what’s available at the time an item is being worked. The scope of what is covered can be limited to timeframes and what type of item has been assigned to work.

If an investigator is assigned the subject interview, all info on the docs within the scope of the investigation is reviewed with the subject. Whatever the subject speaks of during the interview is taken down into notes and those note are transformed into a report. It’s straight forward information, rarely if ever involved speculation or theory.

Prior to COVID, it would have been probable several investigators were assigned different items for the case. The subject interview investigator may not necessarily be the employment investigator. And those two investigators probably wouldn’t interact.

Each investigator obtains info as required in scope, again straightforward details, and submits a report to an adjudicator. The adjudicator compiles all the reports to create the overall submission to the agency who requests the clearance investigation.

Once adjudication is finished nothing more is added by investigators so contacting an investigator with complaints or concerns will not accomplish anything but further frustration on your part.

Your best bet is to gather record information, not speculative manifestos, and obtain legal representation to pursue a discrimination, falsification, or liable suit.

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You may want to contact your local department of labor office. There may be some labor law violations. It sounds like a complicated situation and legal representation may be worth the time as well.

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I obtained the reports created by the investigator. The FSO, Security manager, and IT manager lied to the investigator. I can prove they lied, but I have no communication with the investigator or the CAF. My goal is to establish the truth before the CAF makes a determination based on lies, but how?

I have sought “legal representation” to no avail. My employer has retained all of the most powerful employment law firms in the area. Other firms tell me I have “the most outrageous, well documented, and substantiated case of reprisal” they have ever seen. Then they tell me they still won’t represent me, because my employer will bankrupt me with legal bills before my case ever gets to court.

My FSO initiated the re-adjudication then terminated me. That creates a loss of jurisdiction, so the process comes to an end right? That means no adjudication is made, and I never get the opportunity to present the truth to a DOHA appeals judge? The flag stays on my JPAS record, and the false reports remain in my CAF file forever?

Thank you for your excellent response!

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Dear Docsunday,

There’s a common adage that “You’re not paranoid if they really are out to get you.”

I don’t have to “look deeply into myself” to figure out why I am in this situation. I found myself working for an incompetent FSO who put classified information at severe risk of loss and theft. Nobody was willing to risk their career and fight for change. I did.

The United States Government demands that clearance holders do everything possible to mitigate classified security vulnerabilities and violations. I fought that battle inside the company for years, but eventually had to escalate the matter to the federal level. Would I be worthy of a clearance if I put my career first and gave up?

During my thirty years in the military, I “looked deeply into myself” and saw a man who is willing to sacrifice his life for others. I’ve seen other Service Members make that sacrifice first-hand. So, when I saw an incometent FSO put the safety of our Service Members at risk, I did what had to be done. It is unfair for you to attack my sanity and character for doing so.

I have held a clearance for over 30 years. I never had a problem until now. Clearly, “the world” is not “out to get me.” However, a small group of ruthless and immoral individuals were, and they resorted to illegal, immoral, and unethical means to protect their jobs. Their clearances and jobs are secure, and I am unemployed with a flagged JPAS file. That is not justice.

From where I stand, the security clearance adjudication system seems deeply flawed. An FSO should not be allowed to terminate a clearance holder in such a way that the clearance holder never gets an opportunity to defend themselves and establish the truth. I would actually be better off if the CAF revoked my clearance! In that case I would have the right to request a hearing and establish the truth.

Is there something I am overlooking? Can I petition the government to continue the re-investigation even though there has been a loss of jurisdiction? If not, then my situation proves the adjudication process is vulnerable to manipulation by employers with nefarious purposes, and grave injustice can result.

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Contact your Congressmember, you are far past any level of assistance your Investigator would be able to provide.

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Boston, I’ve read your post and am moved with compassion. I’m so sorry for what you’re going through. I’d like to provide the following recommendations:

Consider applying for unemployment benefits to get your side of the story on the record. This would happen in the event your former employer contests your application on the grounds of you being terminated for cause/misconduct in which case a hearing with a transcript may be triggered. If they don’t contest your application for benefits, that’s a negative inference (on the record) against their claim of termination for cause.

Consider filing a civil lawsuit in federal court against your former employer as well as the actors personally. Your claims would probably, at a minimum, surround the matters of bad faith, breach of implied contract, fraud, conspiracy, a right to multiple six figures of unliquidated damages for loss of career income, and punitive damages for your emotional injuries caused by the Defendants’ reckless, wanton and malicious bad faith and intentional, carefully orchestrated fraud. Review every law that your former employer signed off on in connection with the contract you were assigned to . Those that touch ethics, record retention, tiered authorization, employment law, etc. may apply to your cause of action.

You might add the government agency to the lawsuit as a co-Defendant. Even in the event the agency eventually gets itself excused from the action (likely), it would have read your Complaint and become accurately informed of the serious allegations you’re making against the employer (some of which they may take issue with and respond by filing a collateral or derivative action).

Now I notice that you write well and my hunch is that you’re diligent and smart. Therefore, you may not need a lawyer to file your Complaint in court. However, first you need to find out the statute of limitations for each of your claims . You’ll then know how long you have to prepare the filing (or continue to try and get an attorney to take your case).

Once your Complaint is filed, you can furnish a copy as potential mitigation to the employer’s fraudulent claims in the event you, hopefully, in the future get to the LOI stage with the same or another government agency.

I know that you’re likely emotionally exhausted right now. Hopefully, your preliminary research into these potential options will provide some solace and hope during this extremely difficult time.

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Thank you very much Weeble. All advice is appreciated. (Don’t fall down)

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Dear WildnCrazy,

I wish I could hug you! The investigator probably did not know that the subjects she interviewed were the subjects of my federal complaint against them. They are the ultimate hostile witnesses!

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Dear Mr. Boo,

I’m sincerely grateful for your response. It is very helpful!

I did file for unemployment. I told the State of MA that I would be filing a wrongful termination complaint against the employer. The employer did not dispute my claim for benefits, so I am being paid unemployment benefits as if I was not terminated.

Filing a “civil suit in federal court” is not an option. I have been struggling to find a lawyer for two years. I have called every lawyer in MA at least once. (slight exaggeration) My employer is an extremely powerful defense contractor in Massachusetts. They have strategically retained the most powerful employment law firms in Boston to represent them. The remaining employment lawyers can’t wait to hang up the phone when I tell them who my employer is. The only lawyer I found with the guts to face my employer in court got disbarred.

I did consider the Congressional complaint option in 2018. My Congresswoman’s office is a mile from my house. I walked in and delivered a letter stating that my employer is incapable of protecting classified missile system data (a national security concern) and is retaliating against me for reporting that. I never heard from her again. Using the website OpenSecrets I found that my employer is donating money to her political campaign. In fact, my employer is donating to the campaigns of the most influential politicians in New England.

I have retained excellent security clearance lawyers outside New England. The lawyers are astounded that my employer flagrantly violates so many laws. Obviously the employer is convinced that they will never be held to account. Now we know why. When you have billions to spend and the most powerful politicians and lawyers in your pocket, you can get away with anything.

One of the lawyers I retained literally “wrote the book” on clearance law. She states that there may be hope. According to Department of Defense DIRECTIVE NUMBER 5220.6, the adjudication process may continue after a loss of jurisdiction if the subject provides a written request that the investigation continue. I sent a written request that the investigation continue. (I actually want an SOR, so I can request a hearing!) The government did not respond.

I never posted on an Internet forum for advice before. I’m so glad I did. Your advice is brilliant! Lawyers have not helped me. Politicians have not helped me. I need to bring my situation to the attention to at least one federal employee who will pursue justice as much as I do. Who?

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Boston, thank you for your reply. Under the privilege of pro hac vice, did you know you aren’t limited to MA-licensed counsel for this type of case? Consider expanding your attorney search nationally.

I once was where you are (but with a smaller case). A powerful attorney, acting as a Plaintiff, tried to extort money from me by bringing serious fraud charges against me. He did it out of revenge in connection with an unfavorable outcome for him on a related matter. Because of his great influence in my area, like in your case, no attorney would take my case.

A victory for this attorney would, of course, mean destroying my career and deeply wounding my reputation with family, trusted friends and important business associates. Settlement wasn’t an option for me, out of principal (because settlement to fraud charges would still be very bad on the record); so I made the difficult decision to make lots of room in my life and take the case myself. Without a legal background and never having done this type of thing before, I had to rely on my natural faculties and manufacture sheer grit as my fuel.

As expected, the litigation was quite protracted and emotionally difficult to carry without damaging my family and job relationships. I did experience some unemployment and underemployment during this period. The details of the case consumed my thoughts daily. It was a dark time in my life. However, I never lost hope. I was able to stay focused and despite many twists and turns, including my many mistakes, and to my wife’s chagrin, I did not give up.

On the day of the (jury) trial, I was in the courtroom with only my wife behind me sitting in the public seating section. Conversely, the attorney had a crowd of people with him, including proposed witnesses, one of whom was designated an expert. In addition to a fraud conviction, he was asking the judge for $25K in attorney’s fees and to foreclose my home for payment. The stakes were high and I was afraid. With God’s help, however, I managed to get the case dismissed with prejudice in a pre-trial motion.

In your reply, you contemplated finding someone in federal employment (with influence over your matter) that will perhaps care about what happened to you the way you do. I’m not sure how successful that effort will be. In the end, counsel or no counsel, it will have to be your crusade, Boston. We, of course, will be here to support you In any way we can.

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I have a feeling your employer starts with an R. I have family members who have struggled with the ethics of that company on the other side of the country. However, I’m not naive enough to think that every behemoth organization is without it’s pockets of poison. Especially when those pockets are closed and secretive work spaces. Don’t discount that you may have a “sunlight” problem. The press has a history of shedding light on government ethics and issues. I have a hunch that someone from the press would be very anxious to hear your story given your lengthy record of military service.

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That is a fascinating story! I can’t imagine representing myself in a courtroom. I would have no idea what to do. How did you learn to do what you did? Did the court help you understand the process? Did you read a lot of law books?

I’m still hoping someone who works at JPAS, or the NBIB, or the CAF, responds to my post about D.o.D. Directive 5220.6, which states that the adjudication process may continue after a loss of jurisdiction if the subject provides a written request that the investigation continue. I did that, but the government never responded.

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My number one priority is to compel this employer to meet government security standards. That would promote national security, and help protect Servicemembers and allies. My second priority is to prove that my employer lied to the government. Senior managers committed so many illegal, immoral, and unethical acts (including felonies) that it took me two months and 120 pages to document them. Would the press be interested in my story? I’m sure they would. An author who writes books about coverups and conspiracies would be astounded by my story. However- I don’t want publicity, and I don’t want money. I want justice by way of establishing the truth. For thirty years I volunteered to give my life for this country. Now I need the government to have my back for once. I need the flags to come off my JPAS file, or I need an SOR so I can defend myself. The adjudication system is obviously unjust, when a man is presumed guilty until proven innocent, and has no venue to establish his innocence.

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Boston,

I didn’t read law books. Only the rules of the respective courts and relevant case law (all publicly available online).

I recommend you shop your story around (carefully) to investigative journalistic outfits. The Atlantic, New York Times, WSJ come to mind.

19

I don’t have an issue with this, especially considering classified information is at stake.

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It is an abomination that you had to go through this with FSO, and others. I conduct background investigations and on more than one occasion witnessed retaliation. Your investigator should have asked you for and interviewed other parties, obtained records that supported anything negative against you, and on the opposite end that shows your due diligence.I know you can request a copy of your investigation. Report your findings with HR and since you are in the security world other entities with compliance, upper management beyond FSO and DCSA. You can file an appeal with DCSA adjudicative decisions as well.

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Dear Baron 310,

It should have been obvious to the investigator that she was being lied to. One witness said I never spoke to any of my coworkers, and “wouldn’t even make eye contact” with them. The same witness later stated that I was constantly “erupting into rants” and that there were two or more witnesses whenever these alleged rants took place. Notice that the witness completely contradicted his own statement?

His first statement was true. During this 2 year period I rarely ever spoke a word to anyone. (If I had to communicate at work, I did so by email so I could provide proof of what I said to my lawyer.) If the investigator asked the witness to provide the names of employees who witnessed these alleged rants, she would have learned there were no witnesses, because there were no rants. I see no evidence she made an effort to corroborate the allegation.

Another manager told the investigator I suffer from PTSD, and drink alcohol in the parking lot during working hours. If I was the investigator, I would have asked why he was allowing me to perform classified work if he believed I was drunk, never documented the accusation, never involved Human Resources, didn’t fire me, and didn’t report my alleged substance abuse problem to the FSO or JPAS. I see no evidence she made an effort to corroborate the allegation.

The employer repeatedly accused me of misconduct and placed numerous counseling statements in my personnel record. (It was obvious to me that the employer wanted to ruin my career and motivate me to quit.) When the NBIB asked my employer if there was any adverse information in my personnel file, my employer told the NBIB there was no adverse information in my personnel file. (Isn’t it a 5-year felony to withhold adverse information relevant to the adjudication of a national security clearance from the NBIB?) I believe the employer denied the existence of those counseling statements because government scrutiny would have revealed they were fabrications. The investigator never gave me the opportunity to raise this issue.

I feel the investigator should have asked my FSO why he kept re-opening investigations to raise my clearance level to Top-Secret. If this employer truly believed I am a PTSD addled alcoholic psychopath, then why were they so desperate to raise my clearance level to Top-Secret? Why did they repeatedly request that the government re-investigate me and re-adjudicate me for a clearance I didn’t need? It’s clear to me they were conspiring to fool the CAF into revoking my clearance. I see no evidence the investigator sought an answer to this question.

I agree with you Baron310. The investigator “should have asked you for and interviewed other parties.” The day she was at my office (interviewing the Security managers behind this hatchet job) I asked to meet with her, and was denied. These witnesses fabricated more than a dozen allegations, they contradicted their own testimony, and nothing they allege would have been substantiated if the investigator asked the right questions, or sought corroborating evidence.

I’m highly interested to learn what you mean by, “You can file an appeal with DCSA adjudicative decisions as well.” I don’t even know if DCSA made any adjudicative decisions. Who would I contact? When DSS was re-aligned under the D.o.D. and became DCSA, did they retain an independent DCSA Inspector General?