Summary
A 49-year-old project and logistics manager was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant's history included a felony conviction for indecency with a child in February 2005, stemming from an indecent sexual act with his three-year-old daughter in November 2001. Additionally, he made a false official statement to the Government during a personal subject interview in January 2017.
While the applicant successfully mitigated concerns related to his past sexual behavior through the passage of time and demonstrated rehabilitation, significant financial issues remained unresolved. He was indebted to the federal government for unpaid taxes totaling $58,141, specifically $32,301 for the 2004 tax year, $16,062.98 for 2006, and $9,778.02 for 2007.
The denial was primarily based on the applicant's failure to resolve these substantial tax debts, which reflected poor judgment and a lack of responsibility. Despite claims of circumstances beyond his control, the applicant did not take meaningful action to address his tax obligations.
Why the applicant prevailed
- The applicant's sexual misconduct occurred nearly 20 years ago and he has not committed any further offenses.
- He successfully completed probation and counseling, demonstrating rehabilitation and a good relationship with his children.
Conditions referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required
- AG ¶ 14(b)appliedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual Circumstances, That It Is Unlikely to Recur and Does Not Cast Doubt on the Individual's Current Reliability, Trustworthiness, or Judgment
- AG ¶ 14(c)appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
- AG ¶ 14(e)appliedThe Individual Has Successfully Completed an Appropriate Program of Treatment, or Is Currently Enrolled in One, Has Demonstrated Ongoing and Consistent Compliance with the Treatment Plan, And/or Has Received a Favorable Prognosis From a Qualified Mental Health Professional Indicating the Behavior Is Readily Controllable with Treatment
- AG ¶ 32(a)appliedSo 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)appliedThere Is Evidence of Successful Rehabilitation; Including, but Not Limited To, the Passage of Time Without Recurrence of Criminal Activity, Restitution, Compliance with the Terms of Parole or Probation, Job Training or Higher Education, Good Employment Record, or Constructive Community Involvement
- AG ¶ 17(c)appliedThe 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(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling to Change the Behavior or Taken Other Positive Steps to Alleviate the Stressors, Circumstances, or Factors That Contributed to Untrustworthy, Unreliable, or Other Inappropriate Behavior, and Such Behavior Is Unlikely to Recur
- AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce or Eliminate Vulnerability to Exploitation, Manipulation, or Duress
Key rule quoted
“A person who has access to classified information enters into a fiduciary relationship with the Government based on trust and confidence.”
Procedural posture
- SOR issuedFeb 19, 2019
- Answer filed—
- Hearing heldMar 4, 2020via MS Teams
- Decision dateAug 3, 2020
Cite for
- Mitigation of Sexual Behavior Concerns Under Guideline D Due to Time and Rehabilitation
- Disqualification Based on Unresolved Financial Obligations Under Guideline F
- The Importance of Demonstrating Responsibility in Financial Matters for Security Clearance Eligibility