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ISCR Case 18-03017 — CASE

Case record

ISCR Case 18-03017

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date11/22/2019
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Noreen A. Lynch
Government Counsel: Brittany C. M. White
Applicant's Counsel: Troy L. Nussbaum
Case Summary
The applicant in this case was a 48-year-old systems analyst for a defense contractor, who had held a security clearance for approximately 19 years. The Department of Defense (DOD) raised security concerns under Guidelines F (Financial Considerations) and E (Personal Conduct) in a Statement of Reasons (SOR) issued on January 9, 2018. The core allegation involved the applicant's arrest during a prostitution sting operation on May 2, 2016, where he was charged with soliciting and possessing criminal tools, ultimately pleading guilty to loitering to engage in solicitation.
During the proceedings, the applicant admitted to the allegations and provided context for his actions, citing a difficult divorce and the stress of caring for a severely ill daughter as contributing factors. He explained that his behavior was out of character and that he sought companionship during a low point in his life. The applicant successfully completed probation, attended a court-ordered class, and demonstrated remorse for his actions. He also presented character references and evidence of his professional reliability, which supported his claims of having learned from the incident and taking steps to avoid future issues.
The administrative judge ruled in favor of the applicant, granting eligibility for a security clearance. The judge found that the applicant's misconduct was an isolated incident, occurred under unique circumstances, and that he had taken significant steps to address the underlying issues. The judge concluded that the applicant's overall conduct and the positive changes he made in his life mitigated the security concerns, allowing for a favorable whole-person assessment.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline FFinancial Considerations · Withdrawn
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Case Headnote

ISCR Case No. 18-03017

grantedNov 22, 2019· Hon. Noreen A. Lynch· hearing

Summary

A 48-year-old systems analyst with a 19-year security clearance was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The case stemmed from a May 2, 2016 arrest during a prostitution sting operation, where the applicant was charged with soliciting and possessing criminal tools. He subsequently pleaded guilty to loitering to engage in solicitation.

The applicant admitted to the misconduct, which raised disqualifying conditions under Adjudicative Guidelines (AG) ¶ 16(c), (d), and (e). However, the judge found that significant mitigating factors were present, aligning with AG ¶ 17(c), (d), and (e).

These mitigating factors included the applicant's acknowledgment of his actions and acceptance of responsibility. He completed probation and a court-ordered class to address his behavior. Furthermore, the applicant demonstrated a strong support network and engaged in ongoing counseling, indicating a commitment to change. Based on these factors, the judge concluded that the security concerns had been mitigated, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant acknowledged his misconduct and took responsibility for his actions.
He completed probation and attended a court-ordered class to address his behavior.
The applicant demonstrated a strong support network and ongoing counseling, indicating a commitment to change.

Conditions Referenced

Disqualifying

AG ¶ 16(c)raisedCredible Adverse Information
AG ¶ 16(d)raisedCredible Adverse Information Not Covered by Other Guidelines
AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation

Mitigating

AG ¶ 17(c)appliedMinor Offense or Unique Circumstances
AG ¶ 17(d)appliedAcknowledgment of Behavior and Counseling
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”

Procedural Posture

SOR issuedJan 9, 2018
Answer filedApr 29, 2019
Hearing heldOct 10, 2019hearing conducted as scheduled
Decision dateNov 22, 2019

Cite For

Mitigating Factors for Personal Conduct Under Guideline E
Importance of Counseling and Support Networks in Security Clearance Cases
Consideration of the Whole-person Concept in Adjudication Decisions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

Standardized Decision Profile

SEAD-4 Guideline E (Personal Conduct) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant was arrested during a prostitution sting operation and charged with soliciting and possessing criminal tools. However, the judge ruled in favor of the applicant, concluding that the circumstances surrounding the incident were mitigated by the applicant's subsequent actions and expressions of remorse.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	specific text not stated in this decision	Withdrawn	Unspecified Personal Conduct	—	Unknown	—	—	—
2.b	On or about May 2, 2016, while holding a security clearance, you were arrested during a prostitution sting operation and charged with soliciting and possessing criminal tools. You pleaded guilty to loitering to engage in solicitation.	For Applicant	Questionable Judgment General	—	Admitted	(c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior (e) personal conduct or concealment creating vulnerability to exploitation	(a) prompt, good-faith correction before being confronted	Claimed Acknowledgment and Remorse Claimed Community Involvement Claimed Other

Descriptive standardized rendering of a decided public case (Guideline E). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.