Summary
A 48-year-old field service technician was denied a security clearance due to concerns under Guidelines E (Personal Conduct), H (Drug Involvement), J (Criminal Conduct), and K (Handling Protected Information). The denial stemmed from a history of drug use, criminal charges, and falsification of information on security clearance applications.
The applicant admitted to falsifying material facts on both his March 2009 and August 2007 security clearance applications by failing to disclose various felony and drug-related charges, including a 2006 cocaine possession charge and a 2004 attempted marijuana possession charge. Additionally, in October 2009, the applicant stated he possessed classified technical manuals despite his security clearance being withdrawn in March 2009. His criminal record included convictions for false statements, harassing phone calls, and stalking, alongside multiple arrests for offenses such as assault, obscene phone calls, and contempt of court.
Regarding drug involvement, the applicant admitted to using marijuana and cocaine until at least 2000, testing positive for cocaine in 2003, and continuing to purchase, possess, or fund illegal drugs until late 2008 or early 2009. He also admitted to hiring prostitutes, partly by buying them drugs, as recently as late 2008 or early 2009, and placing himself in situations where illegal drugs were used or sold. The judge found that the applicant failed to mitigate these security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant admitted to multiple criminal offenses, including drug-related charges and falsification of information on security clearance applications.
- The applicant's continued involvement with illegal drugs, including funding drug purchases for prostitutes, raised significant security concerns.
- The applicant failed to provide sufficient evidence to mitigate the concerns raised under the applicable guidelines.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(c)raisedCriminal Conduct
- AG ¶ 34(b)raisedHandling Protected Information
- AG ¶ 34(g)raisedHandling Protected Information
- AG ¶ 25(a)raisedDrug Involvement
- AG ¶ 25(b)raisedDrug Involvement
- AG ¶ 25(c)raisedDrug Involvement
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJul 9, 2010
- Answer filedJul 19, 2010
- Hearing heldSep 30, 2010
- Decision dateNov 4, 2010
Cite For
- Failure to Mitigate Security Concerns Related to Criminal Conduct and Drug Involvement
- Impact of Falsification of Information on Security Clearance Applications
- Importance of Personal Conduct in Security Clearance Determinations