Summary
A 58-year-old married man with three adult children was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), E (Personal Conduct), and J (Criminal Conduct). The applicant admitted to a pattern of hiring escort services for sexual intercourse approximately four or five times a year from January 2009 to January 2014. He also admitted to two separate extramarital affairs with dancers at a strip club: one lasting about six months from 2010 to 2011, and another for approximately nine months from 2012 to 2013.
These actions were deemed to reflect a lack of judgment and discretion, creating a vulnerability to coercion, particularly as his family was unaware of his conduct. The judge found this pattern of illegal sexual conduct to be a significant concern regarding his reliability and trustworthiness.
While the applicant also had financial issues, including federal tax debt of about $34,594 for tax year 2014 and state tax debt of about $16,266 for tax years 2013 and 2014, these were not the primary basis for the denial. Ultimately, the judge concluded that the applicant's sexual behavior and criminal conduct were serious enough to warrant the denial of his security clearance.
Why the applicant was denied
- The applicant admitted to hiring escort services multiple times and engaging in extramarital affairs, reflecting a lack of judgment and discretion.
- The applicant's sexual behavior created vulnerability to coercion, as his family was unaware of his actions.
- The applicant's pattern of illegal sexual conduct raised significant concerns about his reliability and trustworthiness.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(b)raisedPattern of Compulsive, Self-destructive, or High-risk Sexual Behavior
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 30(a)raisedPattern of Minor Offenses
- AG ¶ 30(b)raisedEvidence of Criminal Conduct
- AG ¶ 14(a)rejectedBehavior Occurred Prior to or During AdolescenceThe applicant's conduct occurred in adulthood and continued for many years.
- AG ¶ 14(b)rejectedBehavior Happened so Long Ago or InfrequentlyThe applicant's conduct was recent and ongoing over a significant period.
- AG ¶ 14(c)rejectedBehavior No Longer Serves as a Basis for CoercionThe applicant's family remains unaware of his sexual behavior, maintaining the potential for coercion.
- AG ¶ 14(d)rejectedSexual Behavior Is Strictly Private, Consensual, and DiscreetThe nature of the applicant's behavior was not private or discreet.
- AG ¶ 14(e)rejectedSuccessful Completion of TreatmentThere was no evidence of treatment or rehabilitation.
Key rule quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural posture
- SOR issuedFeb 11, 2022
- Answer filedFeb 14, 2022
- Hearing held—Decision made on the record without a hearing.
- Decision dateSep 19, 2022
Cite for
- Disqualifying Conditions Related to Sexual Behavior Under Guideline D
- Disqualifying Conditions Related to Criminal Conduct Under Guideline J
- The Importance of Family Awareness in Assessing Vulnerability to Coercion.