Summary
A 39-year-old computer operator was denied a security clearance due to concerns under Guideline C (Foreign Preference), Guideline E (Personal Conduct), and Guideline F (Financial Considerations). The applicant had a history of criminal conduct involving fraudulent checks and financial delinquencies, and deliberately falsified information on his SF-85P application regarding both his criminal history and financial obligations.
The applicant's criminal history included multiple arrests and charges for drawing and uttering fraudulent checks between June 1995 and May 2004, with one conviction in June 2004. He was also arrested for driving under suspension in July 1996 and charged with bank fraud in October 2000. On his SF-85P, the applicant deliberately falsified his response to Question 20 by denying any arrests, charges, or convictions in the past seven years, despite his record.
Furthermore, the applicant had a history of not meeting financial obligations, including a $70 debt placed in collection due to a returned check, and several other debts more than 180 days delinquent. He admitted to deliberately falsifying his response to Question 22b on the SF-85P by denying he was over 180 days past due on any debts. The judge found that the applicant failed to mitigate these security concerns, leading to the denial of eligibility for sensitive duties.
Why the applicant was denied
- The applicant deliberately falsified his answers on the SF-85P regarding his criminal history and financial obligations.
- He has a significant history of criminal conduct, including multiple convictions for drawing and uttering fraudulent checks.
- The applicant admitted to financial delinquencies and failed to demonstrate any efforts to resolve them.
Conditions referenced
- DC 1raisedA History of Not Meeting Financial Obligations.
- DC 2raisedDeceptive or Illegal Financial Practices Such as Embezzlement, Employee Theft, Check Fraud, Income Tax Evasion, Expense Account Fraud, Filing Deceptive Loan Statements, and Other Intentional Financial Breaches of Trust.
- DC 3raisedInability or Unwillingness to Satisfy Debts.
- DC 2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts.
- DC 4raisedPersonal Conduct or Concealment of Information That Increases an Individual’s Vulnerability to Coercion, Exploitation, or Pressure.
Key rule quoted
“The standard that must be met for . . .assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . .assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural posture
- SOR issuedAug 23, 2006
- Answer filedSep 25, 2006
- Hearing held—Applicant requested determination on the record without a hearing.
- Decision dateApr 20, 2007
Cite for
- Deliberate Falsification of Information on Security Clearance Applications Under Guideline E
- Pattern of Criminal Conduct Raising Security Concerns Under Guideline C
- Financial Delinquencies and Their Impact on Security Clearance Eligibility Under Guideline F