Summary
A 47-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The denial stemmed from a combination of financial difficulties, a criminal record, and significant misrepresentations on his Security Clearance Application (SCA).
Specifically, the applicant failed to disclose a 1979 felony conviction for unlawful transfer of a firearm, for which he received a suspended sentence and probation. He also provided inaccurate information regarding multiple overdue debts, some of which he claimed were paid but lacked evidence, and others he did not recognize or had made minimal payments on. While he credibly denied a garnishment and judgment related to one debt, he admitted to being aware of some overdue debts, stating he "did not think that it was going to be dug into that far."
The government found that the applicant provided materially incorrect information on his SCA, a violation of Federal Law, Title 18, U.S.C. Section 1001. This undermined his credibility, and despite some efforts to address financial obligations, mitigation of the security concerns was not established, leading to the denial.
Why the Applicant Was Denied
- The applicant provided materially incorrect information on his Security Clearance Application, violating Federal Law, Title 18, U.S.C. Section 1001.
- The applicant's credibility was suspect due to the inaccuracies in his financial disclosures.
- Mitigation of security concerns was not established despite some efforts to address financial obligations.
Conditions Referenced
- E2.A2.1appliedDeliberate Omission or Falsification of Relevant Facts
- F3.AraisedHistory of Not Meeting Financial Obligations
- F3.CraisedUnwillingness to Satisfy Debts
- J1.AappliedA Single Serious Crime
- F2.BappliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
- F2.DappliedGood-faith Effort to Repay Overdue Creditors or Resolve Debts
Key Rule Quoted
“"A person who seeks access to classified information enters into a fiduciary relationship with the U.S. Government that is predicated upon trust and confidence."”
Procedural Posture
- SOR issuedMar 12, 2007
- Answer filedMay 21, 2007Applicant responded in writing to the SOR allegations.
- Hearing heldAug 16, 2007Hearing conducted with no witnesses called.
- Decision dateAug 30, 2007
Cite For
- Credibility Issues Related to Financial Disclosures Under Guideline F
- Deliberate Omissions on Security Clearance Applications Under Guideline E
- Criminal Conduct Related to False Statements Under Guideline J