Summary
A 53-year-old male applicant 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 history of criminal conduct, including multiple felony and misdemeanor charges, and making false official statements to a government investigator during a November 21, 2022, interview.
Specifically, the applicant was charged in August 2020 with felony malicious wounding, felony use of a firearm, misdemeanor brandishing, and misdemeanor assault and battery. His criminal record also included incarceration in State C from December 2007 to November 2009 for multiple burglary offenses, and arrests in November 2002 for burglary and a parole violation. Further charges in November 2001 included felony burglary, resisting an officer, and simple battery. In February 2001, he pleaded guilty to felony forcible rape and served six months in jail. Between 1989 and 2000, he faced multiple arrests and charges for crimes such as burglary, theft, and forgery.
Additionally, the applicant had 11 delinquent or past-due debts totaling $15,754 and failed to provide evidence of resolving these financial obligations or supporting his claims of payment efforts. Despite admitting to the allegations, the applicant did not demonstrate rehabilitation or resolution of his financial issues, leading to the denial of his security clearance request.
Why the Applicant Was Denied
- The applicant has a long history of criminal conduct, including multiple felony and misdemeanor charges.
- He made deliberate false statements to a government investigator during a personal subject interview.
- The applicant has unresolved delinquent debts totaling over $15,000, raising concerns about his financial responsibility.
Conditions Referenced
- AG ¶ 30appliedCriminal ConductCriminal activity creates doubt about a person's judgment, reliability, and trustworthiness.
- AG ¶ 15appliedPersonal ConductConduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability.
- AG ¶ 18appliedFinancial ConsiderationsFailure to live within one's means, satisfy debts, and meet financial obligations may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations.
Key Rule Quoted
“A person who has access to classified information enters into a fiduciary relationship with the Government based on trust and confidence.”
Procedural Posture
- SOR issuedMay 2, 2023
- Answer filed—Applicant requested a decision without a hearing.
- Hearing held—Decision made based on written record.
- Decision dateJan 4, 2024
Cite For
- Denial Based on Extensive Criminal History Under Guideline J
- False Statements to Investigators Under Guideline E
- Financial Irresponsibility Under Guideline F