ISCR Case 14-06814.h1

Case Headnote

ISCR Case No. 14-06814.h1

deniedDec 19, 2017· Hon. Thomas M. Crean· hearing

Summary

A 38-year-old male applicant with a GED was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The Statement of Reasons detailed a history of criminal conduct, including a July 1998 theft conviction, a February 2002 conviction for sale or distribution of marijuana, and a June 2011 conviction for possession of marijuana. Other criminal charges included a nolle prossed possession of marijuana charge in July 2005, and nolle prossed charges for sale and distribution of marijuana and distribution of a controlled substance in July 2010. Driving-related offenses included convictions for driving under revocation/suspension in June 2006, and reckless driving and driving on a suspended license in June 2011.

Financial concerns included a $4,439 bank judgment, and credit card debts placed for collection totaling $1,415, $1,927, and $2,152. The applicant also filed for Chapter 7 bankruptcy in 2004, which was discharged the same year.

Despite some mitigation of personal conduct concerns, the applicant failed to provide sufficient evidence to alleviate the security risks associated with his pattern of criminal conduct, including multiple drug-related offenses and driving violations. Additionally, he did not demonstrate evidence of rehabilitation or a good-faith effort to resolve his significant delinquent debts and history of irresponsible credit management. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant has a pattern of criminal conduct, including multiple drug-related offenses and driving violations.
The applicant's financial issues include significant delinquent debts and a history of irresponsible credit management.
The applicant did not demonstrate evidence of rehabilitation or a good-faith effort to resolve financial obligations.

Conditions Referenced

Disqualifying

JraisedCriminal Conduct
EraisedPersonal Conduct
FraisedFinancial Considerations

Mitigating

JrejectedCriminal ConductThe applicant did not demonstrate sufficient time elapsed or evidence of rehabilitation.
ErejectedPersonal ConductThe applicant's criminal history undermines his reliability and trustworthiness.
FrejectedFinancial ConsiderationsThe applicant's financial issues are recent and numerous, with no evidence of responsible management.

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”

Procedural Posture

SOR issuedNov 27, 2015
Answer filedDec 15, 2015
Hearing heldAug 16, 2017
Decision dateDec 19, 2017

Cite For

Denial of Security Clearance Due to a Pattern of Criminal Conduct Under Guideline J
Financial Irresponsibility Impacting Security Clearance Eligibility Under Guideline F
Lack of Evidence for Rehabilitation in the Context of Criminal and Financial Issues Under Guidelines E and F.

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
2.a–3.e	6 sub-charges — specific text not stated in this decision (for the applicant).	Mixed		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a–3.e

6 sub-charges — specific text not stated in this decision (for the applicant).

Mixed

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	a judgment for a bank for $4,439 $4,439	Against Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
3.b	a credit card debt placed for collection for $1,415 $1,415	Against Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
3.c	a credit card account placed for collection for $1,927 $1,927	Against Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
3.d	a credit card account placed for collection for $2,152 $2,152	Against Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability (c) a history of not meeting financial obligations	—	—
3.e	Applicant filed a Chapter 7 bankruptcy in 2004 that was discharged in 2004	For Applicant	Bankruptcy Filing	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

a judgment for a bank for $4,439

$4,439

Against Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

3.b

a credit card debt placed for collection for $1,415

$1,415

Against Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

3.c

a credit card account placed for collection for $1,927

$1,927

Against Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

3.d

a credit card account placed for collection for $2,152

$2,152

Against Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

(c) a history of not meeting financial obligations

—

3.e

Applicant filed a Chapter 7 bankruptcy in 2004 that was discharged in 2004

For Applicant

Bankruptcy Filing

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	charged with and found guilty in July 1998 of theft of items less than $300 in value	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	charged with and found guilty of sale or distribution of marijuana in February 2002	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	a charge of possession of marijuana was nolle prossed in July 2005	Against Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	charged with and found guilty of driving under revocation/ suspension in June 2006	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	charges of sale and distribution of marijuana and distribution of a controlled substance were nolle prossed in July 2010	Against Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	found guilty of reckless driving and driving on a suspended license in June 2011	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	found guilty of possession of marijuana in June 2011	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.h	charges of operating an unregistered vehicle and displaying vehicle license plates belonging to another vehicle were nolle prossed in February 2013	Against Applicant	Traffic Offense Pattern	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

charged with and found guilty in July 1998 of theft of items less than $300 in value

Against Applicant

Theft or Larceny

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

charged with and found guilty of sale or distribution of marijuana in February 2002

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

a charge of possession of marijuana was nolle prossed in July 2005

Against Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.d

charged with and found guilty of driving under revocation/ suspension in June 2006

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.e

charges of sale and distribution of marijuana and distribution of a controlled substance were nolle prossed in July 2010

Against Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.f

found guilty of reckless driving and driving on a suspended license in June 2011

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.g

found guilty of possession of marijuana in June 2011

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.h

charges of operating an unregistered vehicle and displaying vehicle license plates belonging to another vehicle were nolle prossed in February 2013

Against Applicant

Traffic Offense Pattern

Dismissed or Nolle Prossed

Admitted

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

(b) evidence of criminal conduct, regardless of charge or conviction

—

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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 ANALYSIS

FORMAL FINDINGS

CONCLUSION