ISCR Case 16-02096.h1

Case Headnote

ISCR Case No. 16-02096.h1

deniedJul 1, 2016· Hon. David M. White· hearing

Summary

A 48-year-old quality insurance inspector was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant had accumulated over $16,000 in delinquent debt, most of which remained unpaid. Although he repaid four debts totaling $786 after his hearing, he had not pursued financial or credit counseling despite stating he was working with credit consolidations.

Additionally, the applicant deliberately omitted, concealed, and falsified information regarding his delinquent debts and criminal record on his 2015 e-QIP. His criminal history included multiple arrests between 2013 and 2016. In 2013, he was convicted of DUI and driving without a license, receiving a suspended jail sentence and a license suspension.

Subsequent arrests in 2015 and 2016 involved domestic violence incidents. He was arrested for Domestic Violence Assault in 2015, though no prosecution occurred. In 2016, he was convicted of Assault and Malicious Mischief, receiving a suspended jail sentence and probation. Days later, he was arrested and convicted for violating a No Contact/Protection Order, serving 20 days in jail. The judge found insufficient evidence of rehabilitation or a plan to resolve financial issues, leading to the denial of his security clearance.

Why the Applicant Was Denied

Applicant incurred over $16,000 in delinquent debt, most of which he was unable or unwilling to repay.
Applicant falsified answers on his e-QIP regarding his police record and financial delinquencies.
Applicant was arrested four times from 2013 to 2016 for various criminal offenses, including DUI and domestic violence.

Conditions Referenced

Disqualifying

F.1.araisedInability to Satisfy Debts
F.1.braisedUnwillingness to Satisfy Debts Regardless of the Ability to Do So
F.1.craisedHistory of Not Meeting Financial Obligations
E.2.araisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
J.1.araisedPattern of Minor Offenses
J.1.braisedEvidence of Criminal Conduct

Mitigating

F.2.arejectedBehavior Happened so Long Ago or Was Infrequent
F.2.brejectedConditions Beyond the Person's Control
F.2.crejectedReceived Financial Counseling
F.2.drejectedGood-faith Effort to Repay Debts
F.2.erejectedReasonable Basis to Dispute Debts
E.3.arejectedPrompt, Good-faith Efforts to Correct Omissions
E.3.crejectedMinor Offense or Unlikely to Recur
E.3.drejectedAcknowledged Behavior and Obtained Counseling
J.2.arejectedTime Elapsed Since Criminal Behavior
J.2.brejectedPressured or Coerced Into Committing the Act
J.2.crejectedNo Reliable Evidence of Committing the Offense
J.2.drejectedEvidence of Successful Rehabilitation

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 issuedSep 6, 2016
Answer filedOct 17, 2016
Hearing heldMay 15, 2017Department Counsel requested to amend the SOR during the hearing.
Decision dateNov 29, 2017

Cite For

Insufficient Evidence of Financial Responsibility Under Guideline F
Deliberate Falsification of Information Under Guideline E
Criminal Conduct Impacting Security Clearance 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.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant deliberately omitted, concealed, and falsified relevant facts concerning his delinquent debts and his criminal record on his 2015 e-QIP.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Financial	Admitted	—	—	—
2.b	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant deliberately omitted, concealed, and falsified relevant facts concerning his delinquent debts and his criminal record on his 2015 e-QIP.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Financial

Admitted

—

2.b

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant incurred more than $16,000 in delinquent debt over the past six years, most of which he has been unable or unwilling to repay. $16,000	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
1.d	On May 23, and 24, 2017, after his hearing, Applicant repaid four of these debts, which totaled $786. $786	For Applicant	Unspecified Financial	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.h	Applicant has not undergone any financial or credit counseling despite having repeatedly said in his Answer, concerning each alleged debt, 'I am working with credit consolidations to get this worked out.'	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant incurred more than $16,000 in delinquent debt over the past six years, most of which he has been unable or unwilling to repay.

$16,000

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

1.d

On May 23, and 24, 2017, after his hearing, Applicant repaid four of these debts, which totaled $786.

$786

For Applicant

Unspecified Financial

Admitted

—

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.h

Applicant has not undergone any financial or credit counseling despite having repeatedly said in his Answer, concerning each alleged debt, 'I am working with credit consolidations to get this worked out.'

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant was arrested on February 2, 2013, and charged with DUI and Driving Without an Operator’s License. He was convicted of both offenses, and sentenced to 180 days in jail (suspended). His operator license was suspended for 15 months and he was ordered to attend substance abuse classes.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
3.b	On or about November 14, 2015, Applicant was arrested for Domestic Violence Assault – 4th Degree after a neighbor called police to respond to a loud argument that Applicant had with his wife late at night. She picked him up from jail the next morning, and declined to press charges so no prosecution took place.	Against Applicant	Domestic Violence	Arrested Not Charged	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
3.c	On November 3, 2016, Applicant was arrested again for Assault – 4th Degree and Malicious Mischief – 3rd Degree when he broke a window while again arguing with his wife. He was convicted of both charges and sentenced to serve a maximum of 364 days in jail. This was suspended and he was placed on probation for one year, which he continues to serve.	Against 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	—	—
3.d	On November 7, 2016, he was arrested for violating the No Contact/Protection Order. He was convicted of this offense and sentenced to a maximum of 30 days in jail, of which he served 20 days.	Against Applicant	Probation or Court Order Violation	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
3.e	specific text not stated in this decision	Against Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant was arrested on February 2, 2013, and charged with DUI and Driving Without an Operator’s License. He was convicted of both offenses, and sentenced to 180 days in jail (suspended). His operator license was suspended for 15 months and he was ordered to attend substance abuse classes.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

3.b

On or about November 14, 2015, Applicant was arrested for Domestic Violence Assault – 4th Degree after a neighbor called police to respond to a loud argument that Applicant had with his wife late at night. She picked him up from jail the next morning, and declined to press charges so no prosecution took place.

Against Applicant

Domestic Violence

Arrested Not Charged

Admitted

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

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

—

3.c

On November 3, 2016, Applicant was arrested again for Assault – 4th Degree and Malicious Mischief – 3rd Degree when he broke a window while again arguing with his wife. He was convicted of both charges and sentenced to serve a maximum of 364 days in jail. This was suspended and he was placed on probation for one year, which he continues to serve.

Against 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

—

3.d

On November 7, 2016, he was arrested for violating the No Contact/Protection Order. He was convicted of this offense and sentenced to a maximum of 30 days in jail, of which he served 20 days.

Against Applicant

Probation or Court Order Violation

Convicted

Admitted

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

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

—

3.e

specific text not stated in this decision

Against Applicant

Unspecified Criminal Conduct

—

Unknown

—

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Case Profile

Summary

Why the Applicant Was Denied

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