Summary
A 50-year-old senior financial assistant, with a history of criminal conduct, was granted a security clearance after a review addressing concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant admitted to past criminal conduct, specifically charges and convictions for Filing a False Claim and Theft of Government Property, stemming from inflating lease balances and submitting higher-than-actual housing reimbursement receipts to the Government.
Regarding financial considerations, the applicant faced allegations of an unpaid cable bill from 2004, which was subsequently paid. In March 2005, a delinquent credit card balance of $7,350.00 was also paid in full. Additionally, between February and June 2007, the applicant and her husband became delinquent on their mortgage due to the husband's on-the-job injury, but this account was brought up to date by October 2007. The applicant did not provide an answer regarding personal conduct allegations.
The judge ultimately granted the clearance, citing the applicant's significant rehabilitation efforts over the past eight years, including community service and financial counseling. The applicant made full restitution for past debts, maintained a solid employment record since her convictions, and demonstrated that her past criminal conduct was unlikely to recur, thus not casting doubt on her current reliability or trustworthiness.
Why the applicant prevailed
- The applicant demonstrated significant rehabilitation efforts over the past eight years, including community service and financial counseling.
- The applicant made full restitution for past debts and maintained a solid employment record since her convictions.
- The judge found that the applicant's past criminal conduct was unlikely to recur and did not cast doubt on her current reliability or trustworthiness.
Conditions referenced
- AG ¶ 31(a)raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 19(c)raisedFinancial Considerations - A History of Not Meeting Financial Obligations
- AG ¶ 19(a)raisedFinancial Considerations - Inability or Unwillingness to Satisfy Debts
- AG ¶ 32(a)appliedCriminal Conduct - so Much Time Has Elapsed Since the Criminal Behavior Happened, or It Happened Under Such Unusual Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- AG ¶ 32(d)appliedCriminal Conduct - Evidence of Successful Rehabilitation, Including but Not Limited to the Passage of Time Without Recurrence of Criminal Activity, Remorse or Restitution, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
- AG ¶ 20(b)appliedFinancial Considerations - the Conditions That Resulted in the Behavior Were Largely Beyond the Person’s Control and the Individual Acted Responsibly Under the Circumstances
- AG ¶ 20(a)appliedFinancial Considerations - 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
- AG ¶ 20(d)appliedFinancial Considerations - the Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
- AG ¶ 20(c)appliedFinancial Considerations - 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
- AG ¶ 17(c)appliedPersonal Conduct - the Offense Is so Minor, or so Much Time Has Passed, or the Behavior Is so Infrequent, or It Happened Under Such Unique Circumstances That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual’s Reliability, Trustworthiness, or Good Judgment
- AG ¶ 17(e)appliedPersonal Conduct - the Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedFeb 23, 2008
- Answer filedMay 22, 2008
- Hearing heldJul 10, 2008Rescheduled due to scheduling conflict.
- Decision dateSep 26, 2008
Cite for
- Successful Rehabilitation After Criminal Conduct Under Guideline J
- Mitigating Financial Considerations Due to Circumstances Beyond the Applicant's Control
- Community Service as a Factor in Granting Security Clearance