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ISCR Case 23-01573 — CASE

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ISCR Case 23-01573

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

Case Profile
Decision Date4/17/2024
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Carol G. Ricciardello
Government Counsel: Tovah Minister
Case Summary
The applicant in this case was a 27-year-old individual who sought a security clearance but faced allegations under Guidelines H (drug involvement and substance misuse), J (criminal conduct), and F (financial considerations). The Statement of Reasons (SOR) indicated that the applicant had tested positive for marijuana during a drug test required by his employer and had failed to file federal and state income tax returns for 2018 and 2020. The applicant admitted to using marijuana for medicinal purposes and acknowledged his failure to file tax returns, attributing it to personal issues, including depression.
The administrative judge found that the applicant admitted to the allegations regarding his drug use and tax filing failures. He claimed that his marijuana use was legal under state law and for medical reasons, and he intended to continue using it. However, he did not provide sufficient evidence to mitigate the concerns raised by his drug use or his financial irresponsibility. The judge noted that the applicant's admissions and lack of proactive measures to address his tax issues contributed to the decision.
Ultimately, the administrative judge ruled against the applicant, denying eligibility for access to classified information. The judge emphasized that the applicant's ongoing drug use and unresolved financial issues posed significant risks to national security, and the applicant had not demonstrated the reliability and trustworthiness required for a security clearance.
Guidelines Evaluated
- Guideline FFinancial Considerations · Against Applicant
- Guideline HDrug Involvement & Substance Misuse · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 23-01573

deniedApr 17, 2024· Hon. Carol G. Ricciardello· hearing

Summary

A 27-year-old self-employed applicant was denied a security clearance due to concerns under Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from admitted ongoing marijuana use and a failure to file federal and state income tax returns.

Specifically, the applicant tested positive for marijuana during pre-employment drug screening and stated an intent to continue using it. The applicant admitted to using marijuana since August 2015, despite awareness of its illegality under federal law. Additionally, the applicant failed to file federal and state income tax returns for 2018 and 2020 and did not provide documentary evidence that these returns had been filed.

The judge determined that the applicant's continued marijuana use and failure to demonstrate responsible financial behavior raised significant concerns regarding reliability and trustworthiness. The applicant did not provide evidence of rehabilitation from drug use or compliance with tax obligations, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant admitted to ongoing marijuana use, which is illegal under federal law.
The applicant failed to file his 2018 and 2020 federal and state income tax returns, raising concerns about his reliability and judgment.
The applicant did not provide evidence of rehabilitation or compliance with tax obligations.

Conditions Referenced

Disqualifying

AG ¶ 24raisedDrug Involvement and Substance Misuse
AG ¶ 19(f)raisedFailure to File Tax Returns
AG ¶ 30raisedCriminal Conduct

Key Rule Quoted

“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”

Procedural Posture

SOR issuedOct 2, 2023
Answer filed—Applicant elected to have the case decided on the written record.
Hearing held—
Decision dateApr 17, 2024

Cite For

Denial of Clearance Due to Ongoing Illegal Drug Use Under Guideline H
Failure to File Tax Returns as a Disqualifying Factor Under Guideline F
Impact of Criminal Conduct on Security Clearance Eligibility Under Guideline J

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

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant failed to file his 2018 and 2020 federal and state income tax returns, which raised significant financial concerns under Guideline F. Despite the applicant's claims of intending to file the returns, the judge concluded that these issues were not mitigated, resulting in a decision against the applicant.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant failed to file his 2018 and 2020 federal and state income tax returns.	Against Applicant	Tax Filing Failure	Denied	—	—	—
3.b	Applicant did not provide documentary evidence to support his tax returns have been filed.	Against Applicant	Unspecified Financial	Denied	—	—	—

Descriptive standardized rendering of a decided public case (Guideline F). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline H (Drug Involvement) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found against the applicant on allegations of drug involvement, specifically regarding marijuana use. The applicant tested positive for marijuana and expressed intent to continue using it, which led to a denial of his security clearance.

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant tested positive for marijuana when required to submit to drug testing by his new employer.	Against Applicant	MarijuanaWHILE CLEARED	Not Applicable	Admitted	—	—	—
1.b	Applicant has expressed intent to continue to use marijuana in the future.	Against Applicant	Stated Intent to Use AgainWHILE CLEARED	Not Applicable	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline H). The verbatim source decision is shown in full below.

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge ruled against the applicant on the criminal conduct allegation related to marijuana use. The applicant admitted to using marijuana since August 2015 and continued to do so despite knowing it violated federal law, which contributed to the denial of his security clearance.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant has used marijuana since August 2015 and continues to do so despite being aware it is a violation of federal law.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	—	—	—

Descriptive standardized rendering of a decided public case (Guideline J). The verbatim source decision is shown in full below.

Full decision

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