ISCR Case 16-01338.h1

Case Headnote

ISCR Case No. 16-01338.h1

deniedApr 3, 2018· Hon. Noreen A. Lynch· hearing

Summary

A 36-year-old security officer was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant had a history of criminal conduct, including a dismissed felony charge in 2002 for failure of bailee to return property, and two separate incidents in 2009 involving assault and battery against family members. For the 2009 incidents, he was found guilty, sentenced to community service, fined, and placed on probation, which he successfully completed. An additional incident in 2011 involved charges of assault and battery and trespassing, which he denied.

While the applicant successfully mitigated concerns related to his criminal conduct and personal conduct, he failed to provide sufficient evidence to mitigate financial considerations. He had approximately $10,000 in delinquent debts, including a state tax lien, which he did not adequately address or resolve. Furthermore, he admitted to incorrectly answering "no" on a security clearance application regarding past criminal and financial issues, though he denied intentionally falsifying the financial section, claiming he was unaware of the extent of his delinquent debts.

The denial was primarily based on the applicant's failure to provide sufficient documentation to support his claims of disputing debts or taking steps to mitigate his financial issues. Despite mitigating criminal and some personal conduct concerns, the unresolved financial considerations led to the denial of his security clearance.

Why the Applicant Prevailed

The applicant took responsibility for his past criminal conduct and successfully completed the terms of his sentence.
He demonstrated a lack of further criminal activity and has distanced himself from family conflicts that contributed to his past issues.

Conditions Referenced

Disqualifying

F.3raisedInability to Satisfy Debts
F.4raisedUnwillingness to Satisfy Debts
F.6raisedFailure to File or Fraudulently Filing Income Tax Returns
J.1raisedCriminal Conduct

Mitigating

J.2appliedEvidence of Successful Rehabilitation
E.2appliedThe Conduct Happened so Long Ago or Occurred Under Such 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 issuedOct 24, 2016
Answer filed—
Hearing heldJan 18, 2018Record left open until February 1, 2018.
Decision dateApr 3, 2018

Cite For

Mitigation of Criminal Conduct Under Guideline J
Financial Considerations and the Burden of Proof on the Applicant
Personal Conduct and the Importance of Full Disclosure in Security Clearance Applications

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant admitted he incorrectly answered 'no' on an SCA, in which he was asked about the past seven years with regard to criminal and financial issues.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
3.b	Applicant denied that he intentionally falsified his answer on his 2014 security clearance application in reference to Section 26- Financial because he had no idea that he had so many delinquent debts.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Financial	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant admitted he incorrectly answered 'no' on an SCA, in which he was asked about the past seven years with regard to criminal and financial issues.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

3.b

Applicant denied that he intentionally falsified his answer on his 2014 security clearance application in reference to Section 26- Financial because he had no idea that he had so many delinquent debts.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Financial

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.o–2.p	2 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.o–2.p

2 sub-charges — specific text not stated in this decision (against the applicant).

Against Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In February 2002, Applicant was charged with failure of bailee to return property under $200, a felony. He denied this incident, as he stated that he returned a rental car and paid in cash because he did not have a credit card. He testified that the paperwork was not reported properly. The charge was dismissed. (SOR 1.a)	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	In October 2009, Applicant was charged with Assault and Battery – Family Member. He denied any wrongdoing because the mother of his child became angry with him and she was the aggressor. She began hitting him and throwing things at him. He attempted to leave, but she called the police. (SOR 1.b) Applicant was found guilty and sentenced to 40 hours of community service, fined, and ordered to stay away from his sister, and one year of probation. Applicant took responsibility for his actions and successfully completed the necessary requirements for the case. (SOR 1.c)	For Applicant	Assault or Battery	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant admits that on December 16, 2009, he was arrested and charged with Assault and Battery – Family Member. This incident involved his younger sister who was dating a known drug dealer. Applicant physically restrained her from leaving the house, and she called the police. Applicant was found guilty and sentenced to 40 hours of community service, fined, and ordered to stay away from his sister, and one year of probation. Applicant took responsibility for his actions and successfully completed the necessary requirements for the case. (SOR 1.c)	For Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	As to the April 22, 2011 charges, Applicant denied the assault and battery charge, as well as a trespassing charge. He stated that this was his mother’s house and his younger sister was there. The police were called because Applicant was to not associate with this sister after the 2009 arrest. Applicant did not know that she would be at his mother’s house. (SOR 1.d)	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In February 2002, Applicant was charged with failure of bailee to return property under $200, a felony. He denied this incident, as he stated that he returned a rental car and paid in cash because he did not have a credit card. He testified that the paperwork was not reported properly. The charge was dismissed. (SOR 1.a)

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

In October 2009, Applicant was charged with Assault and Battery – Family Member. He denied any wrongdoing because the mother of his child became angry with him and she was the aggressor. She began hitting him and throwing things at him. He attempted to leave, but she called the police. (SOR 1.b) Applicant was found guilty and sentenced to 40 hours of community service, fined, and ordered to stay away from his sister, and one year of probation. Applicant took responsibility for his actions and successfully completed the necessary requirements for the case. (SOR 1.c)

For Applicant

Assault or Battery

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

Applicant admits that on December 16, 2009, he was arrested and charged with Assault and Battery – Family Member. This incident involved his younger sister who was dating a known drug dealer. Applicant physically restrained her from leaving the house, and she called the police. Applicant was found guilty and sentenced to 40 hours of community service, fined, and ordered to stay away from his sister, and one year of probation. Applicant took responsibility for his actions and successfully completed the necessary requirements for the case. (SOR 1.c)

For Applicant

Assault or Battery

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.d

As to the April 22, 2011 charges, Applicant denied the assault and battery charge, as well as a trespassing charge. He stated that this was his mother’s house and his younger sister was there. The police were called because Applicant was to not associate with this sister after the 2009 arrest. Applicant did not know that she would be at his mother’s house. (SOR 1.d)

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES