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ISCR Case WHS-C No. 23-00013-R — CASE

Case record

ISCR Case WHS-C No. 23-00013-R

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

Case Profile
Decision Date4/25/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Judge: Braden M. Murphy
Government Counsel: Patricia M. Lynch-Epps
Applicant's Counsel: Bradley P. Moss
Case Summary
The applicant in this case sought a security clearance and faced allegations primarily under the personal conduct guideline (Guideline E). The Statement of Reasons (SOR) outlined concerns regarding the applicant's alleged financial transactions with foreign individuals linked to child sex trafficking and his purported lack of cooperation during a government investigation in 2019. The applicant denied all allegations, asserting that he had not engaged in any wrongdoing.
Key facts established during the proceedings included the applicant's admission to terminating an interview to seek legal counsel, which he argued did not constitute a failure to cooperate. He denied sending money to the alleged individuals and claimed that his PayPal account had been used by others without his knowledge. The applicant also provided character evidence supporting his reliability and trustworthiness, including testimonials from colleagues and supervisors.
The administrative judge ruled in favor of the applicant, concluding that the government did not meet its burden of proof to establish disqualifying conditions under Guideline E. The judge noted that the evidence presented was insufficient to demonstrate the applicant's involvement in the alleged criminal activities, and the absence of criminal charges further supported the decision. Consequently, the applicant's request for renewed eligibility for access to classified information was granted.
Guidelines Evaluated
- Guideline EPersonal Conduct · For Applicant
- Guideline FFinancial Considerations · Withdrawn
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Case Headnote

ISCR Case No. WHS-C No. 23-00013-R

grantedApr 25, 2023· Hon. Braden M. Murphy· hearing

Summary

This case concerns a 39-year-old former Marine Corps staff sergeant whose security clearance was reviewed under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The primary allegations under Guideline E involved potential involvement in child sex trafficking and a failure to cooperate with investigations.

The judge determined that the government did not meet its burden of proof regarding the personal conduct allegations. There was insufficient evidence presented to substantiate the claims of criminal activity, and the applicant's denials of wrongdoing were not rebutted by any contrary evidence.

Ultimately, the applicant was granted renewed eligibility for access to classified information. This decision was supported by the government's failure to establish the allegations by substantial evidence, the unrebutted nature of the applicant's denials, and the extensive character evidence provided by the applicant, which affirmed his reliability and trustworthiness.

Why the Applicant Prevailed

The government failed to establish by substantial evidence that the applicant was involved in the alleged criminal activities.
The applicant's denials of wrongdoing were not rebutted by contrary evidence.
The applicant provided extensive character evidence supporting his reliability and trustworthiness.

Key Rule Quoted

“The Government must establish, by substantial evidence, conditions in the personal or professional history of the applicant that may disqualify the applicant from being eligible for access to classified information.”
— Egan, 484 U.S. at 531

Procedural Posture

SOR issuedAug 8, 2020Included a Letter of Intent to Revoke Eligibility.
Answer filedOct 15, 2020Applicant denied all allegations.
Hearing heldMar 17, 2023In-person hearing conducted.
Decision dateApr 25, 2023Decision granted eligibility.

Cite For

Insufficient Evidence to Support Allegations of Personal Conduct Under Guideline E
Importance of Character Evidence in Security Clearance Cases
Burden of Proof on the Government in Security Clearance Proceedings

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

Full decision

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