Summary
A 64-year-old security engineer was denied a security clearance under Guidelines E (Personal Conduct) and J (Criminal Conduct) due to a history of criminal behavior and a lack of candor during investigations. The denial stemmed from a felony conviction in October 2007 for mail fraud and aiding and abetting, which resulted in a restitution order of $913,000.
The applicant also failed to disclose this criminal conduct during multiple security clearance applications and interviews. These actions raised disqualifying conditions under Adjudicative Guidelines Paragraphs 15 and 30.
Despite presenting evidence of rehabilitation and community involvement, the judge determined that the severity and relative recency of the criminal behavior, coupled with the applicant's repeated failure to disclose it, created significant doubts about his judgment and trustworthiness. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant had a felony conviction for mail fraud and aiding and abetting, resulting in a significant restitution order.
- The applicant's long history of criminal behavior raised doubts about his judgment and trustworthiness.
- The applicant lacked candor during security investigations, failing to disclose his criminal conduct on multiple occasions.
Conditions Referenced
- AG ¶ 30raisedCriminal Conduct
- AG ¶ 15raisedPersonal Conduct
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJun 26, 2018
- Answer filedJul 16, 2018
- Hearing heldMar 28, 2019
- Decision dateMay 31, 2019
Cite For
- Disqualifying Conditions Under Guideline J for Criminal Conduct
- Disqualifying Conditions Under Guideline E for Personal Conduct
- Importance of Candor in Security Clearance Investigations