Summary
A 45-year-old former police officer was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline H (Drug Involvement). The denial stemmed from a history of serious criminal behavior, including a felony sex offense, and ongoing financial issues.
Specifically, the applicant was suspended by the police department in July 1999 for criminal conduct that occurred on July 26, 1999. A civil lawsuit filed in May 2002, based on criminal sexual acts in July and May 1999, resulted in a settlement against the applicant for $13,750.00, which he estimated was reduced to approximately $10,050.00 through monthly payments. Additional financial concerns included a credit card account opened in 2004 that was reported delinquent in February 2008 for $793.00, and delinquent debts to two telecommunication companies from 2004. A mortgage company debt was paid in July 2008.
The judge determined that the applicant's failure to fully accept responsibility for his criminal actions, which included forcing a woman to perform sexual acts while he was a police officer, undermined his claims of rehabilitation. Furthermore, the lack of credible evidence of financial stability, including the outstanding civil judgment and delinquent debts, raised concerns about his reliability and trustworthiness, ultimately leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant engaged in serious criminal conduct, including forcing a woman to perform sexual acts while serving as a police officer.
- The applicant failed to take full responsibility for his criminal actions, undermining claims of rehabilitation.
- The applicant's financial issues, including a civil judgment and delinquent debts, raised concerns about his reliability and trustworthiness.
Conditions Referenced
- H 31.a.raisedCriminal Conduct, a Single Serious Crime or Multiple Lesser Offenses
- H 31.c.raisedAllegation of Criminal Conduct, Regardless of Whether the Person Was Formally Charged, Formally Prosecuted or Convicted
- E 16.d.raisedCredible Adverse Information That Is Not Explicitly Covered Under Any Other Guideline
- F 19.a.raisedInability or Unwillingness to Satisfy Debts
- F 19.c.raisedA History of Not Meeting Financial Obligations
- H 32.a.rejectedSo Much Time Has Passed Since the Criminal Behavior Happened, or It Happened Under Such Circumstances That It Is Unlikely to RecurThe applicant's denial of the second sexual act and characterization of the conduct as an 'affair' indicate a lack of understanding of the seriousness of his actions.
- H 32.d.rejectedThere Is Evidence of Successful RehabilitationThe applicant's failure to fully acknowledge his criminal conduct and lack of credible evidence of rehabilitation preclude a finding of successful rehabilitation.
- F 20.a.rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's ongoing financial issues and lack of documentation undermine claims of financial stability.
- F 20.d.rejectedThe Individual Initiated Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant's sporadic payments and lack of supporting documentation do not demonstrate a good-faith effort to resolve debts.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedMar 31, 2008
- Answer filedMay 12, 2008Undated answer received.
- Hearing heldAug 11, 2008
- Decision dateSep 29, 2008
Cite For
- Serious Criminal Conduct Undermining Trustworthiness Under Guideline H
- Failure to Accept Responsibility as a Factor in Security Clearance Denial
- Financial Instability Impacting Eligibility for Security Clearance Under Guideline F