ISCR Case 17-03107.h1

Case Headnote

ISCR Case No. 17-03107.h1

deniedMar 6, 2018· Hon. Candace Le'i Garcia· hearing

Summary

A 65-year-old former defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline F (Financial Considerations). The applicant admitted to sexually abusing his then 11-year-old granddaughter on multiple occasions between 2009 and 2010 while she resided in his home after being adopted by him and his wife. This abuse ceased only after his wife discovered it.

Additionally, the applicant provided false or misleading information during two separate security interviews in July 2014 and February 2017. He initially misrepresented the reason for his marital separation, stating it was due to growing apart or financial reasons, when the actual cause was his sexual abuse of his granddaughter. While financial concerns related to an unpaid mortgage from 2009 were raised, these issues were ultimately mitigated.

Despite the mitigation of financial concerns, the judge found the issues related to sexual behavior and personal conduct unresolved. The applicant did not provide sufficient evidence of rehabilitation or a favorable prognosis from a mental health professional regarding his sexual behavior. His admitted sexual abuse and lack of candor during security interviews led to the denial of his security clearance.

Why the Applicant Was Denied

The applicant admitted to sexually abusing his granddaughter, which raised significant concerns about his judgment and trustworthiness.
He falsified information during security interviews regarding the reasons for his marital separation, indicating a lack of candor.
The applicant did not provide sufficient evidence of rehabilitation or a favorable prognosis from a mental health professional regarding his sexual behavior.

Conditions Referenced

Disqualifying

D.13.araisedSexual Behavior of a Criminal Nature
D.13.craisedSexual Behavior That Causes Vulnerability to Coercion
D.13.draisedSexual Behavior Reflecting Lack of Discretion
E.16.braisedDeliberately Providing False or Misleading Information
E.16.eraisedPersonal Conduct Creating Vulnerability to Exploitation
F.19.araisedInability to Satisfy Debts
F.19.craisedHistory of Not Meeting Financial Obligations

Mitigating

F.20.aappliedBehavior Unlikely to Recur
F.20.bappliedConditions Beyond Control

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 26, 2017
Answer filedOct 10, 2017
Hearing held—Decided on written record.
Decision dateMar 6, 2018

Cite For

Denial of Security Clearance Due to Unresolved Sexual Behavior Concerns
Lack of Candor During Security Interviews as a Disqualifying Factor
Mitigation of Financial Concerns Despite Ongoing Issues with Personal Conduct

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
1.a	Applicant sexually abused his then 11-year-old granddaughter on numerous occasions, between 2009 and 2010, while she lived in his home after she was adopted by him and his wife. He stopped only after his wife caught him. AG ¶¶ 13(a) and 13(d) apply.	Against Applicant	Criminal Sexual Conduct	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

1.a

Applicant sexually abused his then 11-year-old granddaughter on numerous occasions, between 2009 and 2010, while she lived in his home after she was adopted by him and his wife. He stopped only after his wife caught him. AG ¶¶ 13(a) and 13(d) apply.

Against Applicant

Criminal Sexual Conduct

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress

(d) sexual behavior of a public nature or that reflects lack of discretion or judgment

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant deliberately provided false or misleading information during his July 2014 subject interview, when he stated that he and his wife separated because they grew apart.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(b) deliberately providing false information to an investigator or official	—	—
2.b	Applicant initially falsified material facts during his February 2017 subject interview, when he stated that he and his wife separated because of financial reasons.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Admitted	(b) deliberately providing false information to an investigator or official	—	—
2.c	Applicant misrepresented the reason for his separation from his wife during two separate security clearance interviews, which was due to his sexual abuse of his granddaughter.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Admitted	(b) deliberately providing false information to an investigator or official (e) personal conduct or concealment creating vulnerability to exploitation	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant deliberately provided false or misleading information during his July 2014 subject interview, when he stated that he and his wife separated because they grew apart.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

(b) deliberately providing false information to an investigator or official

—

2.b

Applicant initially falsified material facts during his February 2017 subject interview, when he stated that he and his wife separated because of financial reasons.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Admitted

(b) deliberately providing false information to an investigator or official

—

2.c

Applicant misrepresented the reason for his separation from his wife during two separate security clearance interviews, which was due to his sexual abuse of his granddaughter.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Admitted

(b) deliberately providing false information to an investigator or official

(e) personal conduct or concealment creating vulnerability to exploitation

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant was unable to pay his mortgage for the home he purchased in 2009. While he stated that he quitclaimed it to his wife in 2010, the credit reports reflect that it remains a joint account. The evidence is sufficient to raise AG ¶¶ 19(a) and 19(c) as disqualifying conditions. $6,451	For Applicant	Mortgage or Home Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(a) behavior happened long ago / infrequent / unlikely to recur (b) conditions largely beyond the person’s control; acted responsibly	Claimed Other

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant was unable to pay his mortgage for the home he purchased in 2009. While he stated that he quitclaimed it to his wife in 2010, the credit reports reflect that it remains a joint account. The evidence is sufficient to raise AG ¶¶ 19(a) and 19(c) as disqualifying conditions.

$6,451

For Applicant

Mortgage or Home Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(a) behavior happened long ago / infrequent / unlikely to recur

(b) conditions largely beyond the person’s control; acted responsibly

Claimed

Other

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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