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ISCR Case 23-00232 — CASE

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ISCR Case 23-00232

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

Case Profile
Decision Date2/28/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: John C. Lynch
Case Summary
Applicant was a 58-year-old dual citizen of the United States and Canada, who sought a security clearance after being sponsored by a prospective employer. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline F (financial considerations), Guideline J (criminal conduct), and Guideline E (personal conduct). The allegations included failure to file taxes, a felony charge of grand theft-embezzlement, and a history of dishonesty regarding his criminal record on his security clearance application.
During the proceedings, Applicant admitted to the allegations in the SOR but claimed that his failure to disclose certain offenses was due to distraction and misunderstanding of the questions on the security clearance application. He provided explanations for his past actions, including selling company equipment without authorization and fleeing to Canada to avoid prosecution for his felony charge. However, the administrative judge found his testimony lacking credibility, particularly regarding his understanding of legal obligations and the circumstances surrounding his criminal history.
The administrative judge ruled against the Applicant, concluding that he failed to mitigate the security concerns raised. The judge emphasized the seriousness of the Applicant's criminal conduct, his lack of transparency in disclosing his past offenses, and the potential risks associated with granting him access to classified information. Consequently, the Applicant's eligibility for a security clearance was denied.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline FFinancial Considerations · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 23-00232

deniedFeb 28, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 58-year-old dual U.S. and Canadian citizen was denied a security clearance due to unmitigated concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct).

The denial stemmed from several key issues. Under Guideline F, the applicant failed to file federal and state income tax returns for tax years 2018 through 2021. Under Guideline J, the applicant had a felony conviction for grand theft-embezzlement, which involved stealing property from a former employer.

Furthermore, under Guideline E, the applicant deliberately failed to disclose both his criminal history and his tax issues on his security clearance application. The judge found that the applicant lacked credibility during the proceedings and failed to mitigate these significant concerns, resulting in the denial of eligibility for access to classified information.

Why the Applicant Was Denied

The applicant failed to file federal and state income tax returns for tax years 2018 to 2021, raising concerns under Guideline F.
The applicant was convicted of grand theft-embezzlement, which involved stealing property from a former employer, raising concerns under Guideline J.
The applicant deliberately failed to disclose his criminal history and tax issues on his security clearance application, raising concerns under Guideline E.

Conditions Referenced

Disqualifying

AG ¶ 19(f)appliedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Taxes as Required.
AG ¶ 19(d)appliedDeceptive or Illegal Fraudulent Practices Such as Embezzlement, Employee Theft, Check Fraud, Expense Account Fraud, Mortgage Fraud, Filing Deceptive Loan Statements and Other Intentional Financial Breaches of Trust.
AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts From Any Personnel Security Questionnaire.

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 issuedMar 17, 2023
Answer filedApr 3, 2023
Hearing heldJan 29, 2024
Decision dateFeb 28, 2024

Cite For

Failure to Mitigate Financial Concerns Under Guideline F
Criminal Conduct Leading to Felony Conviction Under Guideline J
Deliberate Omission of Relevant Facts 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.

Full decision

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