Summary
The applicant, a 48-year-old translator for a defense contractor, faced concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct) due to his family ties in Iraq and a history of criminal conduct. Although he demonstrated that his family members in Iraq did not pose a foreign influence, his deliberate falsification of his security clearance application led to the denial of his clearance.
Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant has a sister who is a resident citizen of Iraq, but he has had no personal contact with her since he left Iraq in 1980, and has not spoken to her by telephone since 1991 (1.a). Applicant has two siblings who are citizens of Iraq, but who are legal permanent residents of the U.S (1.b). Applicant's wife has two sisters, both citizens of Iraq. One lives in Iraq, the other is a legal permanent resident of Holland (1.c). Applicant provided false answers on his clearance application in February 2003 (3.a). Applicant did not mitigate the security concerns regarding his lack of candor (3.b).
The judge denied the clearance. The government raised disqualifying conditions E2.A10.1.2.1, E2.A10.1.2.2, E2.A5.1.2.2. The judge applied mitigating conditions E2.A10.1.3.1, E2.A5.1.3.1. The decision turned on the following: Applicant deliberately falsified his clearance application by omitting a felony arrest for drug trafficking; The applicant's lack of candor undermined his trustworthiness and suitability for a security clearance; The government has a compelling interest in ensuring applicants disclose all relevant adverse information.
Why the applicant was denied
- Applicant deliberately falsified his clearance application by omitting a felony arrest for drug trafficking.
- The applicant's lack of candor undermined his trustworthiness and suitability for a security clearance.
- The government has a compelling interest in ensuring applicants disclose all relevant adverse information.
Conditions referenced
- E2.A10.1.2.1raisedCriminal Conduct
- E2.A10.1.2.2raisedCriminal Conduct
- E2.A5.1.2.2raisedPersonal Conduct
- E2.A10.1.3.1rejectedCriminal ConductThe applicant's 1992 arrest was over 14 years ago and related to conduct that has not recurred.
- E2.A5.1.3.1rejectedPersonal ConductThe applicant did not mitigate the security concerns regarding his false answers on the clearance application.
Key rule quoted
“The government has a compelling interest in ensuring each Applicant possesses the requisite judgment, reliability, and trustworthiness of those who must protect national interests as their own.”
Procedural posture
- SOR issuedMay 25, 2005
- Answer filed10/2005undated answer submitted
- Hearing heldMay 8, 2006
- Decision dateJun 7, 2007
Cite for
- Deliberate Falsification of Security Clearance Applications Under Guideline E
- Disqualification Based on Criminal Conduct Under Guideline J
- Foreign Influence Concerns Under Guideline B Mitigated by Lack of Contact with Foreign Relatives.