ISCR Case 09-04819.h1

Case Headnote

ISCR Case No. 09-04819.h1

deniedJan 7, 2011· Hon. Matthew E. Malone· hearing

Summary

A 32-year-old automotive mechanic employed by a defense contractor was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of felony convictions and deliberate omissions on his security clearance application.

The applicant's criminal record included a July 1991 felony conviction for assault with a deadly weapon, resulting in a three-year prison sentence. In November 1991, he pleaded guilty to felony attempted common law robbery, also receiving a three-year prison sentence. Further convictions included misdemeanor larceny in October 1992, a felony for taking indecent liberties with a child in April 1994 (resulting in another three-year prison sentence), and assault on a female in December 1995. An April 1997 assault on a female charge was dismissed after he attended counseling.

Crucially, the applicant intentionally failed to disclose these arrests and convictions in his e-QIP, as required. He also omitted information about being significantly past due on debts. The judge found that these deliberate omissions constituted a lack of candor and a fundamental breach of trust, which were not sufficiently mitigated by his subsequent employment or character references.

Why the Applicant Was Denied

The applicant had multiple felony convictions, including assault and robbery, which raised significant security concerns.
The applicant deliberately omitted relevant information regarding his criminal history and financial delinquencies in his e-QIP, indicating a lack of candor.
The applicant's attempts to mislead the Government about his background were viewed as a fundamental breach of trust.

Conditions Referenced

Disqualifying

AG ¶ 16(a)appliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)appliedAllegation or Admission of Criminal Conduct

Mitigating

AG ¶ 17(a)rejectedPrompt, Good-faith Efforts to Correct the OmissionThe applicant did not correct his e-QIP falsifications until confronted by a Government investigator.
AG ¶ 32(d)appliedEvidence of Successful RehabilitationThe applicant has a solid employment record since 1999, but recent falsifications raise doubts about future compliance.

Key Rule Quoted

“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual's reliability, trustworthiness and ability to protect classified information.”
— AG ¶ 15

Procedural Posture

SOR issuedFeb 5, 2010
Answer filed—Applicant requested a hearing.
Hearing heldAug 24, 2010Parties appeared as scheduled.
Decision dateJan 7, 2011

Cite For

Deliberate Omission of Criminal History in Security Clearance Applications
Impact of Past Criminal Conduct on Security Clearance Eligibility
Lack of Candor as a Disqualifying Factor in Security Clearance Cases

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
1.a	In July 1991, Applicant was charged with assault with a deadly weapon and with intent to kill or inflict serious injury (a felony), and that he was convicted and sentenced to three years in prison.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.b	In November 1991, he was charged with attempted robbery with a dangerous weapon (a felony), that he pleaded guilty to a lesser charge of attempted common law robbery (also a felony), and that he was sentenced to three years in prison.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.c	In October 1992, Applicant was charged with and convicted of misdemeanor larceny, for which he was sentenced to six months in jail and two years of probation.	Against Applicant	Questionable Judgment GeneralNOT DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.d	In April 1994, he was charged with taking indecent liberties with a child (a felony), and that he was convicted and sentenced to three years in prison.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.e	In December 1995, Applicant was charged with assault on a female, was convicted, sentenced to 45 days in jail, and placed on probation for 12 months.	For Applicant	Questionable Judgment GeneralNOT DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.f	In April 1997, Applicant was again charged with assault on a female, for which he was required to attend a counseling program before the charge was dismissed.	For Applicant	Questionable Judgment GeneralNOT DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.g	Applicant intentionally failed to disclose in his e-QIP the arrests alleged at SOR 1.a - 1.f, as required by the questions in e-QIP section 23 (Your Police Record).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—
1.h	Applicant intentionally failed to disclose, as required by the questions in e-QIP Section 28 (Your Financial Delinquencies), that he had been 180 days past due on any debt in the previous seven years, or that he was currently more than 90 days past due on any debt.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Financial	Denied	(a) deliberate omission, concealment, or falsification on a security form (c) credible adverse information across areas supporting a whole-person concern	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

In July 1991, Applicant was charged with assault with a deadly weapon and with intent to kill or inflict serious injury (a felony), and that he was convicted and sentenced to three years in prison.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

Criminal Conduct

Admitted

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

(c) credible adverse information across areas supporting a whole-person concern

—

1.b

In November 1991, he was charged with attempted robbery with a dangerous weapon (a felony), that he pleaded guilty to a lesser charge of attempted common law robbery (also a felony), and that he was sentenced to three years in prison.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

Criminal Conduct

Admitted

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

(c) credible adverse information across areas supporting a whole-person concern

—

1.c

In October 1992, Applicant was charged with and convicted of misdemeanor larceny, for which he was sentenced to six months in jail and two years of probation.

Against Applicant

Questionable Judgment GeneralNOT DELIBERATE

Criminal Conduct

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

—

1.d

In April 1994, he was charged with taking indecent liberties with a child (a felony), and that he was convicted and sentenced to three years in prison.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

Criminal Conduct

Admitted

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

(c) credible adverse information across areas supporting a whole-person concern

—

1.e

In December 1995, Applicant was charged with assault on a female, was convicted, sentenced to 45 days in jail, and placed on probation for 12 months.

For Applicant

Questionable Judgment GeneralNOT DELIBERATE

Criminal Conduct

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

—

1.f

In April 1997, Applicant was again charged with assault on a female, for which he was required to attend a counseling program before the charge was dismissed.

For Applicant

Questionable Judgment GeneralNOT DELIBERATE

Criminal Conduct

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

—

1.g

Applicant intentionally failed to disclose in his e-QIP the arrests alleged at SOR 1.a - 1.f, as required by the questions in e-QIP section 23 (Your Police Record).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

—

1.h

Applicant intentionally failed to disclose, as required by the questions in e-QIP Section 28 (Your Financial Delinquencies), that he had been 180 days past due on any debt in the previous seven years, or that he was currently more than 90 days past due on any debt.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Financial

Denied

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

(c) credible adverse information across areas supporting a whole-person concern

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a–2.b	2 sub-charges — specific text not stated in this decision (rulings shown).	Mixed		—		—	—	—
2.c	Applicant’s allegedly deliberate omissions from his e-QIP. If proven, such conduct is a violation of 18 U.S.C. § 1001, which makes it a crime to deliberately make a false statement or representation to any department or agency of the United States concerning a matter within its jurisdiction.	Against Applicant	Unspecified Criminal Conduct	—	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a–2.b

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

Mixed

—

2.c

Applicant’s allegedly deliberate omissions from his e-QIP. If proven, such conduct is a violation of 18 U.S.C. § 1001, which makes it a crime to deliberately make a false statement or representation to any department or agency of the United States concerning a matter within its jurisdiction.

Against Applicant

Unspecified Criminal Conduct

—

Unknown

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

(c) currently on parole or probation

—

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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

FOOTNOTES