ISCR Case 06-07577.h1

Case Headnote

ISCR Case No. 06-07577.h1

deniedFeb 29, 2008· Hon. David M. White· hearing

Summary

A 50-year-old CEO of a start-up corporation was denied a security clearance under Guidelines D (Sexual Behavior) and E (Personal Conduct). The denial stemmed from a pattern of extramarital sexual relationships, including with prostitutes, over a five to six year period that concluded approximately ten years prior. This conduct was deemed criminal in the two countries where it occurred.

Further concerns arose from the applicant's concealment of these activities. He provided only general information about his longest affair to his wife, resuming it twice after promising fidelity. He also concealed his sexual activity from supervisors and filed a falsified report regarding contact with a foreign diplomat, despite his reporting obligations. The applicant admitted to never disclosing other extramarital activities to his wife, believing it would upset her. Additionally, he concealed some or all of these matters from his current company's board members and advisors when they vouched for his character.

The judge determined that the applicant's conduct demonstrated a lack of discretion and good judgment, raising concerns about his reliability and susceptibility to coercion. His concealment of sexual conduct from his wife and supervisors indicated a lack of candor, ultimately leading to the denial of his security clearance.

Why the Applicant Was Denied

Applicant engaged in multiple extramarital sexual relationships, including with prostitutes, which raised security concerns.
Applicant concealed his sexual conduct from his wife and supervisors, indicating a lack of candor and potential for coercion.
The applicant's past behavior reflects a serious lack of discretion and good judgment, undermining his trustworthiness.

Conditions Referenced

Disqualifying

D-13(c)appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress.
D-13(d)appliedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment.
E-16(e)appliedPersonal Conduct, or Concealment of Information About One's Conduct, That Creates a Vulnerability to Exploitation, Manipulation, or Duress.

Key Rule Quoted

“A person applying for access to classified information seeks to enter into a fiduciary relationship with the Government predicated upon trust and confidence.”

Procedural Posture

SOR issuedOct 3, 2007
Answer filedOct 19, 2007Applicant initially requested adjudication without a hearing.
Hearing heldFeb 7, 2008Applicant waived 15 days notice for hearing.
Decision dateFeb 29, 2008

Cite For

Lack of Candor and Trustworthiness Under Guideline E
Vulnerability to Coercion Due to Personal Conduct Under Guideline D
Serious Lack of Discretion in Sexual Behavior Impacting Security Clearance Eligibility

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
2.a	Applicant’s admitted solicitation of and participation in sexual relations with multiple prostitutes, while he was married to another woman, was criminal in the two countries where this conduct took place.	Against Applicant	Prostitution or Solicitation	Admitted	(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

2.a

Applicant’s admitted solicitation of and participation in sexual relations with multiple prostitutes, while he was married to another woman, was criminal in the two countries where this conduct took place.

Against Applicant

Prostitution or Solicitation

Admitted

(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
1.a	Applicant engaged in multiple extramarital sexual relationships with prostitutes and coworkers over a five to six year period that ended about ten years ago.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	—	—	—
1.b	Applicant revealed only general information about the longest relationship to his wife, and resumed the affair on two occasions after revealing it to her and promising to remain faithful.	Against Applicant	Lack of Candor in Interview	—	Admitted	—	—	—
1.c	Applicant concealed this sexual activity from his supervisors at the time, and filed a falsified report concerning contact with a foreign diplomat, despite his obligation to report such matters in connection with his security clearance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.d	Applicant has never admitted any of his other extramarital sexual activity to his wife because it would upset her and he thinks she does not want to know.	Against Applicant	Concealment Creating Coercion Vulnerability	—	Admitted	—	—	—
1.e	Applicant concealed some or all of these matters from the board members and advisors to his present company when he asked them to vouch for his character in connection with these proceedings.	Against Applicant	Lack of Candor in Interview	—	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant engaged in multiple extramarital sexual relationships with prostitutes and coworkers over a five to six year period that ended about ten years ago.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

—

1.b

Applicant revealed only general information about the longest relationship to his wife, and resumed the affair on two occasions after revealing it to her and promising to remain faithful.

Against Applicant

Lack of Candor in Interview

—

Admitted

—

1.c

Applicant concealed this sexual activity from his supervisors at the time, and filed a falsified report concerning contact with a foreign diplomat, despite his obligation to report such matters in connection with his security clearance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

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

—

1.d

Applicant has never admitted any of his other extramarital sexual activity to his wife because it would upset her and he thinks she does not want to know.

Against Applicant

Concealment Creating Coercion Vulnerability

—

Admitted

—

1.e

Applicant concealed some or all of these matters from the board members and advisors to his present company when he asked them to vouch for his character in connection with these proceedings.

Against Applicant

Lack of Candor in Interview

—

Admitted

—

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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