ISCR Case 19-00542

Case Headnote

ISCR Case No. 19-00542

deniedSep 22, 2020· Hon. Robert J. Tuider· hearing

Summary

A 31-year-old senior SharePoint developer was denied a security clearance under Guideline E (Personal Conduct) due to a pattern of falsification. The allegations included submitting false timesheets to a former employer in December 2016, collecting unearned wages, and filing a false application for state supplemental nutrition assistance benefits in February 2017. She also failed to disclose her new salary, which would have disqualified her from receiving benefits, and submitted forged documents, including a letter and pay stubs from her former employer, to the state agency.

As a result of these actions, the applicant received a one-year ban from the nutrition benefits program and was required to repay benefits in April 2017. She later received a two-year ban for failing to disclose that her husband was living with her while she received benefits. Furthermore, during her December 11, 2018, U.S. Office of Personnel Management personal subject interview, she provided materially false information to the investigator, denying both the submission of false timesheets and the forged letter to the state agency.

Despite some mitigating factors, the judge found the applicant's explanations lacked credibility. The judge concluded that her conduct raised serious doubts about her reliability and trustworthiness, calling her integrity into question and impacting her ability to protect classified information. Consequently, her security clearance was denied as inconsistent with national interest.

Why the Applicant Was Denied

The applicant admitted to multiple allegations of falsifying timesheets and submitting false applications for state benefits.
The judge found the applicant's explanations lacking credibility, raising serious doubts about her reliability and trustworthiness.
The applicant's conduct was deemed to call her integrity into question, impacting her ability to protect classified information.

Conditions Referenced

Disqualifying

AG ¶ 16(b)raisedDeliberately Providing False or Misleading Information
AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(d)raisedCredible Adverse Information Not Explicitly Covered Under Any Other Guideline

Mitigating

AG ¶ 17(a)appliedPrompt, Good-faith Efforts to Correct the Omission
AG ¶ 17(c)rejectedThe Offense Is so Minor, or so Much Time Has Passed
AG ¶ 17(d)rejectedAcknowledged the Behavior and Obtained Counseling

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
— AG ¶ 2(b)

Procedural Posture

SOR issuedApr 16, 2019
Answer filedJul 1, 2019
Hearing heldMar 3, 2020
Decision dateSep 22, 2020

Cite For

Denial of Security Clearance Due to Personal Conduct Under Guideline E
Credibility Issues Impacting Trustworthiness
Importance of Mitigating Conditions in Personal Conduct Cases

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant falsified her timesheets to her then employer (Employer A) after she had resigned in December 2016, and collected wages for hours that she did not work.	Against Applicant	Falsification of Employment or Other RecordsFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.b	Applicant filed a false application for benefits under a state supplemental nutrition assistance program in February 2017.	Against Applicant	Falsification of Employment or Other RecordsFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.c	Applicant failed to timely disclose to her state department of social services that her new employer was paying her a salary that would have disqualified her from receiving such benefits.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.d	Applicant submitted a forged letter and pay stubs from Employer A to her state to obtain improperly state nutritional benefits.	Against Applicant	Falsification of Employment or Other RecordsFOUND DELIBERATE	—	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.e	Applicant received a one-year ban from the nutritional benefits program and was required in April 2017 to repay benefits.	Against Applicant	Rules Violation at Workplace	—	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.f	Applicant received a two-year ban from the program based on her failure to disclose that her husband and father of her children was living with her while she was receiving benefits.	Against Applicant	Rules Violation at Workplace	—	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	—
1.g	Applicant provided materially false information to the investigator during her December 11, 2018 U.S. Office of Personnel Management personal subject interview (OPM PSI) when she denied that she submitted false timesheets to her former employer.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
1.h	Applicant provided materially false information to the investigator during her OPM PSI when she denied that she submitted a forged letter to her state agency that administered nutritional benefits.	For Applicant	Lack of Candor in Interview	—	Admitted	—	(a) prompt, good-faith correction before being confronted	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant falsified her timesheets to her then employer (Employer A) after she had resigned in December 2016, and collected wages for hours that she did not work.

Against Applicant

Falsification of Employment or Other RecordsFOUND DELIBERATE

—

Denied

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.b

Applicant filed a false application for benefits under a state supplemental nutrition assistance program in February 2017.

Against Applicant

Falsification of Employment or Other RecordsFOUND DELIBERATE

—

Admitted

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

1.c

Applicant failed to timely disclose to her state department of social services that her new employer was paying her a salary that would have disqualified her from receiving such benefits.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

—

Admitted

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

1.d

Applicant submitted a forged letter and pay stubs from Employer A to her state to obtain improperly state nutritional benefits.

Against Applicant

Falsification of Employment or Other RecordsFOUND DELIBERATE

—

Admitted

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

1.e

Applicant received a one-year ban from the nutritional benefits program and was required in April 2017 to repay benefits.

Against Applicant

Rules Violation at Workplace

—

Admitted

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

1.f

Applicant received a two-year ban from the program based on her failure to disclose that her husband and father of her children was living with her while she was receiving benefits.

Against Applicant

Rules Violation at Workplace

—

Admitted

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

—

1.g

Applicant provided materially false information to the investigator during her December 11, 2018 U.S. Office of Personnel Management personal subject interview (OPM PSI) when she denied that she submitted false timesheets to her former employer.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

1.h

Applicant provided materially false information to the investigator during her OPM PSI when she denied that she submitted a forged letter to her state agency that administered nutritional benefits.

For Applicant

Lack of Candor in Interview

—

Admitted

—

(a) prompt, good-faith correction before being confronted

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL MATTERS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION