Summary
A 37-year-old male Ph.D. applicant was denied a security clearance due to concerns under Guideline F (Financial Considerations), Guideline J (Criminal Conduct), and Guideline M (Use of Information Technology). The applicant admitted to failing to file federal income tax returns for tax years 2013 through 2018.
Additionally, the applicant engaged in multiple instances of unauthorized content downloading. This included illegally downloading movies from a university computer between 2005 and 2006, and from his personal computer from about 2011 to the present, encompassing television shows, movies, e-books, and video games with an estimated value of $54,000. He also duplicated video games for LAN parties around September 2001.
Further concerns arose from his use of information technology, as he loaded a Tor Internet browser onto his personal laptop between 2015 and 2018 and accessed an illegal marketplace on the dark web, where he viewed unauthorized images of women. Despite some mitigating factors, the judge concluded that the applicant did not demonstrate the reliability and trustworthiness required for access to classified information, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to failing to file federal income tax returns for several years.
- He illegally downloaded movies and other content, violating copyright laws.
- He accessed an illegal marketplace on the dark web, raising significant security concerns.
Conditions Referenced
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required.
- AG ¶ 40(a)raisedUnauthorized Entry Into Any Information Technology System.
- AG ¶ 31(b)raisedEvidence of Criminal Conduct, Regardless of Whether the Individual Was Formally Charged, Prosecuted, or Convicted.
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur.The applicant's unfiled tax returns are recent and did not occur under circumstances making them unlikely to recur.
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control.The applicant attributed his tax issues to a misunderstanding of the tax laws but did not file his Federal tax returns once he became aware he was wrong.
- AG ¶ 41(a)appliedSo Much Time Has Elapsed Since the Behavior Happened, or It Happened Under Such Unusual Circumstances, That It Is Unlikely to Recur.
Key Rule Quoted
“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
Procedural Posture
- SOR issuedAug 8, 2023
- Answer filedAug 28, 2023
- Hearing held—Decision made on the written record.
- Decision dateFeb 15, 2025
Cite For
- Denial of Security Clearance Due to Failure to File Taxes Under Guideline F
- Illegal Downloading and Accessing Dark Web Under Guidelines M and J
- Insufficient Mitigation of Disqualifying Conditions Despite Some Mitigating Factors.