McAdoo Gordon & Associates, P.C.

04/09/2019

Criminal law info - Hollywood edition:

The federal cases against Felicity Huffman and Lori Loughlin are the same in terms of the charges, but are likely to be very different in terms of sentence. This is primarily because the amounts of money are very different: Huffman paid $15,000, Loughlin paid $500,000. Those numbers translate into very different levels under the federal Sentencing Guidelines. In the DC area, Huffman would likely receive probation only while Loughlin faces the very real possibility of going to prison at least for a short period.

Allison Mack’s guilty plea in federal court in New York today to racketeering charges is even more serious. The Guidelines on that charge and the gross facts - s*x trafficking, branding victims, etc. - make it highly likely that she faces real prison time.

04/07/2019

If you're trying to understand the legal issues in the Michael Avenatti/Nike situation, this may help:

In the past couple of years, federal prosecutors charged an executive at sporting goods maker Addidas and two college basketball officials with wire fraud for making payments to high school basketball players to try to steer them to attend certain colleges and use certain shoe companies. Those men went to trial and were convicted in LA. Last month they got prison sentences of between 6 and 9 months. This forms the background for Avenatti's conduct.

Apparently, Avenatti believes that Nike was doing the same thing and he was allegedly engaged by a client to bring a case against Nike about it. So, he approached Nike with a demand on behalf of the client based on the client's claim. There's nothing illegal about that at all; lawyers do that all the time - it's not extortion to offer to settle a matter out of court. And, a lawyer certainly can hold a press conference about his or her client's claims against a company. So far, nothing to see here.

However, the allegations by federal prosecutors are that Avenatti also told Nike that they would need to hire him to conduct an internal investigation of their practices, in addition to settling with his client. And, he allegedly threatened to publicly disclose his client's claims against them if they did not agree to pay both him and the client.

Now, as I said, a lawyer can demand money for a client; and a lawyer can hold a press conference about the client's claim. But what a lawyer cannot ethically or legally do is demand money for the lawyer separate from the client's claim or couple demands for money with a threat of exposing the alleged misconduct. That puts you squarely into the realm of extortion. Had Avenatti stuck to pursuing his client's claim, he'd have been legally fine. By trying to profit personally off his client's case and threatening exposure if his financial demands weren't met, Avenatti turned something he could - and should - do on behalf of a client, into something that violates the law.

04/07/2019

Exciting Men's Final Four games yesterday! Congrats to the University of Virginia and Texas Tech!

In between the great hoops, I was working on putting together our new website. It's up and running, but we've got a lot more great content to come in the next few weeks!

Check us out at: www.mcadoolaw.com

04/07/2019

Many first time applicants for security clearance wonder if they will have to give the passwords to their social media accounts to the investigator. So, I included that question and answer in my new book. You can check it out here:

A concise, informative guidebook that addresses many of the most frequently asked questions about getting U.S. government security clearance. Check out the images to see all 25 of the questions that are answered in this volume. An extra bonus is included!

04/05/2019

A modern quandary for security clearance investigations is social media (including Facebook!). One of the questions I answer in my book is whether the investigator in your case will be looking at your social media!

04/03/2019

This is the full list of the 25 questions about clearances that I answer in this first book:

1. I see a lot of job postings that require a security clearance. How do I get the clearance so I can apply for them?

2. Will the investigator review my social media as part of the background investigation?

3. Will I be required to give the investigator my passwords to search my social media accounts?

4. Will the investigator look at my on-line search history?

5. Can I be denied security clearance for things I did before I turned 18?

6. My clearance was revoked or denied in the past. Can I ever get cleared in the future?

7. Will I have to pass a polygraph examination to get cleared?

8. Will my supervisor see my answers on the security clearance questionnaire?

9. I had a messy divorce. Will my ex be interviewed as part of my background investigation?

10. I am having (or have had) an extra-marital affair and my spouse does not know. Will that keep me from getting cleared?

11. Can a non-US citizen get cleared?

12. The person I’m dating/live with/am engaged to/am married to does not have legal status in the U.S. Will that keep me from getting security clearance?

13. The nanny that watches my kids (or another person who works for me or my family) does not have legal status in the U.S. Will that keep me from getting security clearance?

14. I have not paid the employer taxes and Social Security deductions for my nanny or someone else who works for me. Will that keep me from getting cleared?

15. I have a family member who has been in trouble with the law. Will that keep me from getting security clearance?

16. Do I have to disclose "expunged" or "sealed" criminal cases on my security clearance questionnaire?

17. I’ve used ma*****na as it is legal where I live, or I've used it where it is legal. Will that keep me from getting cleared?

18. I have used drugs in the recent past. Will the security clearance officials notify the police about it?

19. I'm a recovering alcoholic and go to AA meetings. Will that keep me from getting security clearance?

20. I have a mental health issue. What is the investigator going to ask my therapist or doctor?

21. Do I have to disclose my medical history to get a security clearance?

22. Can I get a security clearance if I have a low credit score?

23. I was fired from a job in the past, will that keep me from getting cleared?

24. I am a member of the LGBTQ community. Will that keep me from getting security clearance?

25. I have been very politically active in the party that is not in power right now, or I've participated in a lot of protests. Can I get security clearance?

04/03/2019

A lot of articles and commentary in the news today about the security clearance process at the White House.

Security clearance is something that the Executive Branch (the President and federal agencies) almost exclusively controls. There is very little to any role for the Congress to play.

This is because the power to grant or deny clearances flows from the President's powers in Article II of the Constitution, including the role of Commander in Chief.

There are a couple of statutes passed by the Congress about clearances, but the vast majority of the law in this area is created by Executive Order because it is an Executive Branch function.

I am often asked if it is true that the President can order clearance given to anyone even if security officials are not happy with that. The answer is: Yes. The President is the ultimate authority on issues of clearance.

04/03/2019

One of the frequent questions that I get asked about the security clearance process is whether a bad credit score will keep you from getting a clearance. I answer that and another 24 common questions in my new book, The Top 25 "Quick Questions" About Security Clearance Answered! Check it out:

A concise, informative guidebook that addresses many of the most frequently asked questions about getting U.S. government security clearance. Check out the images to see all 25 of the questions that are answered in this volume. An extra bonus is included!

04/02/2019

One of the questions I frequently get asked about the security clearance process is whether the government will interview an ex-wife or ex-husband as part of the investigation! I get this question so often that I've included it - and the answer - in my new book, The Top 25 "Quick Questions" About Security Clearances Answered! Give it a look:

A concise, informative guidebook that addresses many of the most frequently asked questions about getting U.S. government security clearance. Check out the images to see all 25 of the questions that are answered in this volume. An extra bonus is included!

03/31/2019

Today I launched the Amazon page for the first book in the series I'm writing about security clearances! This first book deals with the top "quick questions" I'm regularly asked about the security clearance process.

You can check it out at:

A concise, informative guidebook that addresses many of the most frequently asked questions about getting U.S. government security clearance. Check out the images to see all 25 of the questions that are answered in this volume. An extra bonus is included!

03/17/2019

Check out the new descriptions of the services we provide! Our goal is to represent you in your time of need, whether that means defending your liberty, your security clearance, your federal contracts, your federal job, or your law license.