ISCR Case 21-01951

Case Headnote

ISCR Case No. 21-01951

deniedJun 1, 2023· Hon. Carol G. Ricciardello· hearing

Summary

A 40-year-old male with a military background was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The denial stemmed from a pattern of unfiled tax returns, a history of criminal offenses, and deliberate omissions on his security clearance application.

Specifically, the applicant failed to file federal and state income tax returns from 2015 through 2021, with these returns remaining unfiled as of the amendment date. His criminal history included an August 2012 apprehension for suspected assault, a January 2013 arrest for grand larceny (later reduced to a misdemeanor petit larceny conviction), a July 2016 accusation of sexual assault, a July 2017 arrest and conviction for driving while intoxicated (DWI), a July 2017 arrest for driving with a suspended license, and a March 2021 arrest for domestic violence.

Furthermore, the applicant deliberately failed to disclose this information on his security clearance application. He answered "No" to questions about his police record, including felony arrests, misdemeanor convictions, and alcohol-related offenses. He also failed to disclose delinquent child support accounts and student loans, and falsely stated he had filed all required taxes. The judge concluded that these financial issues and criminal history, combined with the deliberate omissions, raised significant doubts about his reliability and trustworthiness, leading to the denial.

Why the Applicant Was Denied

The applicant failed to file federal and state income tax returns from 2015 to 2021, demonstrating a lack of responsibility.
The applicant had a history of criminal conduct, including a felony conviction for larceny and a DWI, which raised concerns about his judgment and reliability.
The applicant deliberately omitted relevant information regarding his financial and criminal history on his security clearance application.

Conditions Referenced

Disqualifying

AG ¶ 19 (a)raisedInability to Satisfy Debts
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
AG ¶ 31 (a)raisedA Pattern of Minor Offenses
AG ¶ 31 (b)raisedEvidence of Criminal Conduct
AG ¶ 16 (a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts

Key Rule Quoted

“Someone who fails repeatedly to fulfill his or her legal obligations does not demonstrate the high degree of good judgment and reliability required of those granted access to classified information.”
— ISCR Case No. 14-01894 at 5 (App. Bd. August 18, 2015)

Procedural Posture

SOR issuedOct 27, 2021
Answer filed—Undated answer to the SOR.
Hearing heldApr 3, 2023Hearing convened as scheduled.
Decision dateJun 1, 2023

Cite For

Failure to File Tax Returns as a Disqualifying Factor Under Guideline F
Criminal History Impacting Security Clearance Eligibility Under Guideline J
Deliberate Omissions on Security Clearance Applications Under Guideline E

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
3.a	In September 2018, Applicant completed a security clearance application (SCA). In response to Section 22, which asked about his police record and specifically if he had been arrested, charged, convicted, or sentenced for a crime in the last seven years; had he ever been charged with a felony; and had he EVER been charged with an offense involving drugs or alcohol, Applicant answered 'No.' He did not disclose his felony arrest, misdemeanor conviction for petit larceny, or DWI.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
3.b	Section 26 of the SCA asked Applicant if he had in the last seven years been delinquent on his child support, any federal debt, or a judgment entered against him. Applicant answered 'No.' He did not disclose two delinquent child support accounts and his delinquent student loans.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Financial	Denied	—	—	—
3.c	Section 26 of the SCA asked if in the last seven years Applicant failed to file or pay federal, state, or other taxes when required by law or ordinance? He answered 'No' to this question, and thereby deliberately failed to disclose that he failed to file his federal and state income tax returns from 2015 to 2018.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Financial	Denied	—	—	—
3.d–3.e	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

In September 2018, Applicant completed a security clearance application (SCA). In response to Section 22, which asked about his police record and specifically if he had been arrested, charged, convicted, or sentenced for a crime in the last seven years; had he ever been charged with a felony; and had he EVER been charged with an offense involving drugs or alcohol, Applicant answered 'No.' He did not disclose his felony arrest, misdemeanor conviction for petit larceny, or DWI.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

3.b

Section 26 of the SCA asked Applicant if he had in the last seven years been delinquent on his child support, any federal debt, or a judgment entered against him. Applicant answered 'No.' He did not disclose two delinquent child support accounts and his delinquent student loans.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Financial

Denied

—

3.c

Section 26 of the SCA asked if in the last seven years Applicant failed to file or pay federal, state, or other taxes when required by law or ordinance? He answered 'No' to this question, and thereby deliberately failed to disclose that he failed to file his federal and state income tax returns from 2015 to 2018.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Financial

Denied

—

3.d–3.e

2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.aa	You failed to timely file, as required, Federal and state income tax returns for tax years 2015 through 2021. As of the date of this Amendment, the tax returns remain unfiled.	Against Applicant	Tax Filing Failure	Admitted	(a) inability to satisfy debts	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.aa

You failed to timely file, as required, Federal and state income tax returns for tax years 2015 through 2021. As of the date of this Amendment, the tax returns remain unfiled.

Against Applicant

Tax Filing Failure

Admitted

(a) inability to satisfy debts

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was apprehended by military police in August 2012 and suspected of assault consummated by a battery and spouse abuse after a mutual confrontation with his then-wife.	Against Applicant	Assault or Battery	Conduct No Charge	Admitted	—	—	—
2.b	In January 2013, Applicant was arrested for grand larceny, a felony. He went to court multiple times and was represented by an attorney. The charge was later reduced to a misdemeanor. He pleaded guilty to petit larceny and was sentenced to 12 months confinement (11 months and 10 days were suspended) and ordered to pay court costs.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.c	In July 2016, while working overseas, Applicant was accused of sexual assault and abusive sexual contact on a foreign national.	For Applicant	Unspecified Criminal Conduct	—	Denied	—	—	—
2.d	In July 2017, Applicant was arrested for driving while intoxicated (DWI). He admitted he was over the legal limit but could not recall the breathalyzer reading. He could not recall how many drinks he had, but indicated it was a significant amount. Applicant was represented by an attorney. In October 2017, he pleaded guilty to DWI and was sentenced to 30 days confinement (all suspended), 36 months of unsupervised probation, fined $250 and ordered to pay court costs of $349. His driver’s license was suspended for a year.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.e	Applicant was arrested in July 2017 for driving with a suspended license.	For Applicant	Traffic Offense Pattern	Dismissed or Nolle Prossed	Admitted	—	—	—
2.f	In March 2021 Applicant was arrested and charged with domestic violence third degree-harassment, after he had an altercation with his wife and his stepdaughter’s boyfriend.	Against Applicant	Domestic Violence	Conduct No Charge	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was apprehended by military police in August 2012 and suspected of assault consummated by a battery and spouse abuse after a mutual confrontation with his then-wife.

Against Applicant

Assault or Battery

Conduct No Charge

Admitted

—

2.b

In January 2013, Applicant was arrested for grand larceny, a felony. He went to court multiple times and was represented by an attorney. The charge was later reduced to a misdemeanor. He pleaded guilty to petit larceny and was sentenced to 12 months confinement (11 months and 10 days were suspended) and ordered to pay court costs.

Against Applicant

Theft or Larceny

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.c

In July 2016, while working overseas, Applicant was accused of sexual assault and abusive sexual contact on a foreign national.

For Applicant

Unspecified Criminal Conduct

—

Denied

—

2.d

In July 2017, Applicant was arrested for driving while intoxicated (DWI). He admitted he was over the legal limit but could not recall the breathalyzer reading. He could not recall how many drinks he had, but indicated it was a significant amount. Applicant was represented by an attorney. In October 2017, he pleaded guilty to DWI and was sentenced to 30 days confinement (all suspended), 36 months of unsupervised probation, fined $250 and ordered to pay court costs of $349. His driver’s license was suspended for a year.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

—

2.e

Applicant was arrested in July 2017 for driving with a suspended license.

For Applicant

Traffic Offense Pattern

Dismissed or Nolle Prossed

Admitted

—

2.f

In March 2021 Applicant was arrested and charged with domestic violence third degree-harassment, after he had an altercation with his wife and his stepdaughter’s boyfriend.

Against Applicant

Domestic Violence

Conduct No Charge

Unknown

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision