ISCR Case 16-00433

Case Headnote

ISCR Case No. 16-00433

grantedSep 6, 2017· Hon. Gregg A. Cervi· hearing

Summary

A 40-year-old administrative assistant sought Common Access Card (CAC) eligibility, facing concerns under Guidelines C (Foreign Preference), E (Personal Conduct), and J (Criminal Conduct). The Statement of Reasons detailed criminal charges related to notarization errors, a job termination in 2011 due to poor performance, and a failure to disclose this termination on a federal employment form. Additionally, the applicant voluntarily resigned from a county position prior to the final disposition of her criminal case.

Regarding the criminal conduct, the applicant was charged with conspiracy to commit forgery and related offenses. She pleaded guilty to a misdemeanor for making a false or incomplete certificate on authenticating documents. However, all charges were dismissed upon her successful completion of six months of unsupervised probation. The judge noted that the 2011 job termination was performance-related, stemming from poor training and personal difficulties, and did not indicate questionable employment conduct.

Ultimately, the judge granted CAC eligibility. This decision was based on findings that the applicant demonstrated no criminal intent or willful neglect in her past actions. The dismissal of her criminal charges after successful probation, combined with positive employment references and testimony supporting her reliability and trustworthiness, served as significant mitigating factors.

Why the Applicant Prevailed

The applicant demonstrated no criminal intent or willful neglect in her past conduct.
The applicant's charges were dismissed after successful completion of probation.
Positive references and testimony supported the applicant's reliability and trustworthiness.

Conditions Referenced

Disqualifying

SAS ¶ 2raisedCriminal or Dishonest Conduct
SAS ¶ 1raisedMisconduct or Negligence in Employment
SAS ¶ 3raisedMaterial, Intentional False Statement, Deception, or Fraud

Mitigating

SAS ¶ 2.bappliedCriminal or Dishonest ConductThe applicant's conduct occurred under unusual circumstances unlikely to recur.
SAS ¶ 1appliedMisconduct or Negligence in EmploymentThe applicant's termination was due to personal challenges and not indicative of misconduct.
SAS ¶ 3appliedMaterial, Intentional False Statement, Deception, or FraudThe applicant's failure to disclose her termination was an oversight, not intentional falsification.

Key Rule Quoted

“The overriding factor for all of these conditions is unacceptable risk.”

Procedural Posture

SOR issuedMay 16, 2016
Answer filedJun 9, 2016
Hearing heldFeb 1, 2017Hearing convened as scheduled.
Decision dateSep 6, 2017

Cite For

Mitigating Circumstances for Criminal Conduct Under Guideline C
Consideration of Personal Circumstances Affecting Employment Performance Under Guideline E
Insufficient Evidence of Intentional Falsification Under Guideline J

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	specific text not stated in this decision	For Applicant	Unspecified Foreign Preference	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

specific text not stated in this decision

For Applicant

Unspecified Foreign Preference

Unknown

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Criminal or Dishonest Conduct: Applicant was criminally charged with conspiracy to commit forgery and related offenses.	For Applicant	Questionable Judgment General	—	Denied	—	—	—
2.a	Misconduct or Negligence in Employment: Applicant was terminated from a job in 2011 due to poor performance.	For Applicant	Rules Violation at Workplace	—	Denied	—	—	—
2.b	Misconduct or Negligence in Employment: Applicant voluntarily resigned from her position with the county prior to a final disposition of her criminal case.	For Applicant	Rules Violation at Workplace	—	Denied	—	—	—
3.a	Material, Intentional False Statement, Deception, or Fraud: Applicant failed to disclose her termination on her Declaration of Federal Employment form.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED	Employment History	Denied	—	(b) omission/refusal followed advice of counsel; later cooperated fully	Claimed Explanation of Omission Credible

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Criminal or Dishonest Conduct: Applicant was criminally charged with conspiracy to commit forgery and related offenses.

For Applicant

Questionable Judgment General

—

Denied

—

2.a

Misconduct or Negligence in Employment: Applicant was terminated from a job in 2011 due to poor performance.

For Applicant

Rules Violation at Workplace

—

Denied

—

2.b

Misconduct or Negligence in Employment: Applicant voluntarily resigned from her position with the county prior to a final disposition of her criminal case.

For Applicant

Rules Violation at Workplace

—

Denied

—

3.a

Material, Intentional False Statement, Deception, or Fraud: Applicant failed to disclose her termination on her Declaration of Federal Employment form.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATESELF-CORRECTED

Employment History

Denied

—

(b) omission/refusal followed advice of counsel; later cooperated fully

Claimed

Explanation of Omission Credible

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Criminal or Dishonest Conduct: Applicant pleaded guilty to misdemeanor making or giving a false or incomplete certificate on authenticating documents in the absence of the principal. Upon the successful completion of six months of unsupervised probation, all charges were dismissed.	For Applicant	Fraud or Deception Criminal	Diversion or Deferred	Admitted	—	—	—
2.a	Misconduct or Negligence in Employment: As a result of the 2015 charges described above, Applicant voluntarily resigned from her position with the county, prior to a final disposition of her criminal case.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
2.b	Misconduct or Negligence in Employment: In addition, she was terminated from a job in 2011 due to poor performance. This termination was performance related due to poor training, personal and childcare difficulties, and does not invoke questionable employment conduct or negligence.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Denied	—	—	—
3.a	Material, Intentional False Statement, Deception, or Fraud: Applicant completed a Declaration for Federal Employment form in August 2015, but failed to list her termination in 2011 for poor performance.	For Applicant	Fraud or Deception Criminal	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Criminal or Dishonest Conduct: Applicant pleaded guilty to misdemeanor making or giving a false or incomplete certificate on authenticating documents in the absence of the principal. Upon the successful completion of six months of unsupervised probation, all charges were dismissed.

For Applicant

Fraud or Deception Criminal

Diversion or Deferred

Admitted

—

2.a

Misconduct or Negligence in Employment: As a result of the 2015 charges described above, Applicant voluntarily resigned from her position with the county, prior to a final disposition of her criminal case.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

2.b

Misconduct or Negligence in Employment: In addition, she was terminated from a job in 2011 due to poor performance. This termination was performance related due to poor training, personal and childcare difficulties, and does not invoke questionable employment conduct or negligence.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Denied

—

3.a

Material, Intentional False Statement, Deception, or Fraud: Applicant completed a Declaration for Federal Employment form in August 2015, but failed to list her termination in 2011 for poor performance.

For Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

—

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Case Profile

Summary

Why the Applicant Prevailed

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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES