ISCR Case 17-01540.h1

Case Headnote

ISCR Case No. 17-01540.h1

deniedNov 13, 2018· Hon. Noreen A. Lynch· hearing

Summary

A 44-year-old materials handler was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant's Statement of Reasons detailed a history of criminal conduct, including multiple arrests for driving under the influence (DUI) in 2009 and 2010, operating a vehicle with a suspended license in 2011, and disorderly conduct and trespass in 2013. Additionally, the applicant faced charges in 1996 and 2007 related to controlled substances, including possession with intent to distribute cannabis and amphetamines.

Financial concerns included delinquent federal taxes totaling $4,382 for 2012 and $8,159 for 2011, along with 11 collection accounts amounting to approximately $5,988. The applicant also had allegations of driving without a required license and driving on a revoked license.

Despite some evidence of rehabilitation and community involvement, the judge found that the applicant's extensive criminal history, spanning over 20 years, and unresolved financial obligations raised significant doubts about his judgment and reliability. The applicant's explanations for past conduct were not deemed credible enough to mitigate these concerns, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant has a long history of criminal conduct spanning over 20 years, including multiple DUI offenses and driving on a suspended license.
The applicant failed to provide sufficient evidence to mitigate the financial concerns, including delinquent taxes and numerous collection accounts.
The applicant's explanations for his past conduct were not deemed credible enough to alleviate concerns about his judgment and reliability.

Conditions Referenced

Disqualifying

AG ¶ 31(a)appliedPattern of Minor Offenses
AG ¶ 31(b)appliedEvidence of Criminal Conduct
AG ¶ 19(a)appliedInability to Satisfy Debts
AG ¶ 19(c)appliedHistory of Not Meeting Financial Obligations
AG ¶ 19(f)appliedFailure to File or Pay Taxes

Mitigating

AG ¶ 32(d)rejectedEvidence of Successful RehabilitationWhile the applicant completed treatment for alcohol issues, his ongoing criminal behavior and driving on a suspended license undermined claims of rehabilitation.
AG ¶ 20(g)appliedArrangements with Tax AuthorityThe applicant is in a payment plan with the IRS and is compliant with it.

Key Rule Quoted

“Eligibility for a security clearance is predicated upon the applicant meeting the criteria contained in the adjudicative guidelines.”
— Exec. Or. 10865 § 2.

Procedural Posture

SOR issuedJun 24, 2017
Answer filedAug 25, 2017
Hearing heldSep 20, 2018
Decision dateNov 13, 2018

Cite For

Denial Based on Extensive Criminal History Under Guideline J
Financial Irresponsibility and Inability to Satisfy Debts Under Guideline F
Insufficient Evidence of Rehabilitation Despite Community Involvement Under Guideline E

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–3.b	2 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant		—		—	—	—
3.c	Driving/attempting to drive a motor vehicle on a highway without a required license and authorization	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—
3.d	Driving a motor vehicle on a highway or public use property on a revoked license and privilege	Against Applicant	Rules Violation at Workplace	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a–3.b

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

Against Applicant

—

3.c

Driving/attempting to drive a motor vehicle on a highway without a required license and authorization

Against Applicant

Rules Violation at Workplace

—

Admitted

—

3.d

Driving a motor vehicle on a highway or public use property on a revoked license and privilege

Against Applicant

Rules Violation at Workplace

—

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	delinquent taxes to the Federal Government in the amount of $4,382 for tax year 2012 $4,382	For Applicant	Tax Unpaid	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations (f) failure to file / fraudulent filing of tax returns or unpaid tax	—	—
2.b	delinquent taxes to the Federal Government in the amount of $8,159 for tax year 2011 $8,159	For Applicant	Tax Unpaid	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations (f) failure to file / fraudulent filing of tax returns or unpaid tax	—	—
2.c	11 collection accounts totaling about $5,988 $5,988	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.d–2.m	10 sub-charges — specific text not stated in this decision (2 against, 2 for the applicant). (low confidence)	Mixed			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

delinquent taxes to the Federal Government in the amount of $4,382 for tax year 2012

$4,382

For Applicant

Tax Unpaid

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(f) failure to file / fraudulent filing of tax returns or unpaid tax

—

2.b

delinquent taxes to the Federal Government in the amount of $8,159 for tax year 2011

$8,159

For Applicant

Tax Unpaid

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(f) failure to file / fraudulent filing of tax returns or unpaid tax

—

2.c

11 collection accounts totaling about $5,988

$5,988

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.d–2.m

10 sub-charges — specific text not stated in this decision (2 against, 2 for the applicant). (low confidence)

Mixed

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In 2013, Applicant was arrested and charged with disorderly conduct; trespass- posted property; and trespass-private property. (SOR ¶ 1.a) This incident occurred when Applicant was arguing with a neighbor.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	In 2011, Applicant was arrested and charged with operating after suspension and contempt. He pleaded guilty to operating after suspension and was sentenced to a 30-day confinement and one-year of probation. (SOR ¶ 1.b) Applicant admitted that he did drive on a suspended license.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	In 2009 and 2010, Applicant was arrested and charged with reckless driving, driving under the influence -1st offense, and fleeing law enforcement. For the first DUI, Applicant pleaded guilty to the DUI and was sentenced to one-year of probation and completion of a drug treatment program and assessment. (SOR ¶ 1.c)	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	—	—
1.d	In 2009 and 2010, Applicant was arrested and charged with reckless driving, driving under the influence -2nd offense, and operating a vehicle while impaired. Applicant pleaded guilty and was sentenced to confinement, one-year of probation and completion of various traffic and alcohol programs. (SOR ¶ 1.d)	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	—	—
1.e	In 1996 and 2007, Applicant was arrested and charged with violation of the Uniform Control Substance Act and possession with intent to distribute cannabis, and charged with possession with intent to distribute amphetamines. (SOR ¶ 1.e)	Against Applicant	Drug Related Criminal Charge	Charged Not Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f–1.h	3 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In 2013, Applicant was arrested and charged with disorderly conduct; trespass- posted property; and trespass-private property. (SOR ¶ 1.a) This incident occurred when Applicant was arguing with a neighbor.

Against Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Denied

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

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

—

1.b

In 2011, Applicant was arrested and charged with operating after suspension and contempt. He pleaded guilty to operating after suspension and was sentenced to a 30-day confinement and one-year of probation. (SOR ¶ 1.b) Applicant admitted that he did drive on a suspended license.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

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

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

—

1.c

In 2009 and 2010, Applicant was arrested and charged with reckless driving, driving under the influence -1st offense, and fleeing law enforcement. For the first DUI, Applicant pleaded guilty to the DUI and was sentenced to one-year of probation and completion of a drug treatment program and assessment. (SOR ¶ 1.c)

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

—

1.d

In 2009 and 2010, Applicant was arrested and charged with reckless driving, driving under the influence -2nd offense, and operating a vehicle while impaired. Applicant pleaded guilty and was sentenced to confinement, one-year of probation and completion of various traffic and alcohol programs. (SOR ¶ 1.d)

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

—

1.e

In 1996 and 2007, Applicant was arrested and charged with violation of the Uniform Control Substance Act and possession with intent to distribute cannabis, and charged with possession with intent to distribute amphetamines. (SOR ¶ 1.e)

Against Applicant

Drug Related Criminal Charge

Charged Not Convicted

Denied

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

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

—

1.f–1.h

3 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

Loading case…

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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES