ISCR Case 07-12433.h1

Case Headnote

ISCR Case No. 07-12433.h1

deniedFeb 26, 2009· Hon. Martin H. Mogul· hearing

Summary

A 44-year-old mechanic was denied a security clearance due to significant concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The denial stemmed from a pattern of unresolved financial obligations, an extensive criminal history, and deliberate misrepresentations on his security clearance application (SCA).

The applicant admitted to multiple overdue debts totaling over $20,000, which he had not resolved. These included a $5,060 judgment related to vehicle theft and a $3,572 civil judgment, among others ranging from $158 to $5,540. On his March 9, 2007, SCA, he falsely answered "No" to questions about unpaid judgments and being over 90 or 180 days delinquent on debts, failing to disclose these financial issues.

Furthermore, the applicant engaged in criminal conduct on at least eight occasions. His criminal history included convictions for Hit and Run Resulting in Death/Injury, 2nd Degree Burglary, and a felony charge for Convicted Felon in Possession of a Firearm, which was later converted from a misdemeanor. He also had charges for Grand Theft Property, Conspiracy, Failure to Provide for his Child, Failure to Appear in Court, Contempt of Court, Receive Stolen Property, Chop Shop Operation, Possession of a Controlled Substance, and Vin/Serial Numbers Removed. On his SCA, he only disclosed a 1999 Receiving Stolen Property conviction, falsely answering "No" to questions about other felony, firearms, drug-related, or other arrests/convictions within the last seven years. The judge found that his failure to resolve debts and extensive criminal history, coupled with his dishonesty on the application, raised significant concerns regarding his trustworthiness and reliability, leading to the denial.

Why the Applicant Was Denied

The applicant admitted to multiple overdue debts totaling over $20,000, which he failed to resolve.
The applicant engaged in criminal conduct on at least eight occasions, including felony charges and convictions.
The applicant provided false information on his security clearance application, failing to disclose relevant criminal history and overdue debts.

Conditions Referenced

Disqualifying

DC 19(a)appliedInability or Unwillingness to Satisfy Debts
DC 31(a)appliedSerious Crime or Multiple Lesser Offenses
DC 16(a)appliedDeliberate Omission or Concealment of Relevant Facts

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedFeb 22, 2008
Answer filedApr 7, 2008
Hearing heldJan 27, 2009in Sacramento, California
Decision dateFeb 26, 2009

Cite For

Denial Based on Significant Financial Issues Under Guideline F
Denial Due to Extensive Criminal History Under Guideline J
Denial for Falsification of Information on Security Clearance Application Under Guideline E

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
3.a	Applicant falsified material facts on a Security Clearance Application (SCA), executed by him on March 9, 2007, on which he was required to reply to the following questions: "Section 23: a. Have you ever been charged with or convicted of any felony offense? (Include those under the Uniform Code of Military Justice.)"; and "Section 23: b. Have you ever been charged with or convicted of a firearms or explosives offense?" and "Section 23: d. Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs?"; and "Section 23: f. In the last 7 years, have you been arrested for, charged with, or convicted of any offense(s) not listed in response to a, b, c, d, or e above? (Leave out traffic fines of less than $150 unless the violation was alcohol or drug related.)." Applicant answered "Yes" to question 23.a., and listed his 1999 Receiving Stolen Property arrest and conviction. He answered "No" to the remaining questions (23.b., d. and f.) Applicant deliberately failed to provide that he had been charged with other felony offense(s), firearms offense(s), drug-related charge(s), and he had been arrested for, charged with and/or convicted of other offenses within the last seven years, as set forth in subparagraphs 2.a., 2.b., 2.c, 2.d., 2.f., 2.g. and/or 2.h., above.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
3.b	Applicant falsified material on the following question of his SCA: “Section 27: d. In the last 7 years, have you had any judgments against you that have not been paid?"; to which he answered "No." Applicant deliberately failed to list that he had an unpaid judgments that had been filed against him within the last seven years, as set forth in subparagraphs 1.b. and 1.h., above.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
3.c	Applicant responded "No" to: "Section 28: a. In the last 7 years, have you been over 180 days delinquent on any debt(s)?" He deliberately failed to list that he had been over 180 days delinquent on the debts, as set forth in subparagraphs 1.a., 1.c., 1.d., 1.e., 1.f., 1.g., 1.i. and 1. j., above.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
3.d	Applicant responded "No" to: "Section 28: b. Are you currently over 90 days delinquent on any debt(s)?" He deliberately failed to list that he was currently 90 days delinquent on the debts, as set forth in subparagraphs 1.a., 1.c., 1.d., 1.e., 1.f., 1.g., 1.i. and 1. j., above.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant falsified material facts on a Security Clearance Application (SCA), executed by him on March 9, 2007, on which he was required to reply to the following questions: "Section 23: a. Have you ever been charged with or convicted of any felony offense? (Include those under the Uniform Code of Military Justice.)"; and "Section 23: b. Have you ever been charged with or convicted of a firearms or explosives offense?" and "Section 23: d. Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs?"; and "Section 23: f. In the last 7 years, have you been arrested for, charged with, or convicted of any offense(s) not listed in response to a, b, c, d, or e above? (Leave out traffic fines of less than $150 unless the violation was alcohol or drug related.)." Applicant answered "Yes" to question 23.a., and listed his 1999 Receiving Stolen Property arrest and conviction. He answered "No" to the remaining questions (23.b., d. and f.) Applicant deliberately failed to provide that he had been charged with other felony offense(s), firearms offense(s), drug-related charge(s), and he had been arrested for, charged with and/or convicted of other offenses within the last seven years, as set forth in subparagraphs 2.a., 2.b., 2.c, 2.d., 2.f., 2.g. and/or 2.h., above.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

3.b

Applicant falsified material on the following question of his SCA: “Section 27: d. In the last 7 years, have you had any judgments against you that have not been paid?"; to which he answered "No." Applicant deliberately failed to list that he had an unpaid judgments that had been filed against him within the last seven years, as set forth in subparagraphs 1.b. and 1.h., above.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

3.c

Applicant responded "No" to: "Section 28: a. In the last 7 years, have you been over 180 days delinquent on any debt(s)?" He deliberately failed to list that he had been over 180 days delinquent on the debts, as set forth in subparagraphs 1.a., 1.c., 1.d., 1.e., 1.f., 1.g., 1.i. and 1. j., above.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

3.d

Applicant responded "No" to: "Section 28: b. Are you currently over 90 days delinquent on any debt(s)?" He deliberately failed to list that he was currently 90 days delinquent on the debts, as set forth in subparagraphs 1.a., 1.c., 1.d., 1.e., 1.f., 1.g., 1.i. and 1. j., above.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	This overdue debt to Creditor 1 is cited in the SOR in the amount of $232. $232	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b	This overdue debt also to Creditor 2 is cited in the SOR in the amount of $5,060, for a judgement, as a result of Applicant’s theft of a vehicle. $5,060	Against Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	This third overdue debt to Creditor 3 is cited in the SOR in the amount of $353. $353	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.d	This overdue debt to Creditor 4 is cited in the SOR in the amount of $158. $158	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e	This overdue debt to Creditor 5 is cited in the SOR in the amount of $595. $595	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.f	This overdue debt to Creditor 6 is cited in the SOR in the amount of $592. $592	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.g	This overdue debt to Creditor 7 is cited in the SOR in the amount of $5,540. $5,540	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.h	This overdue debt to Creditor 8 is cited in the SOR in the amount of $3,572, for a civil judgement entered against him. $3,572	Against Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.i	This overdue debt to Creditor 9 is cited in the SOR in the amount of $4,339. $4,339	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.j	This overdue debt to Creditor 10 is cited in the SOR in the amount of $168. $168	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

This overdue debt to Creditor 1 is cited in the SOR in the amount of $232.

$232

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.b

This overdue debt also to Creditor 2 is cited in the SOR in the amount of $5,060, for a judgement, as a result of Applicant’s theft of a vehicle.

$5,060

Against Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.c

This third overdue debt to Creditor 3 is cited in the SOR in the amount of $353.

$353

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.d

This overdue debt to Creditor 4 is cited in the SOR in the amount of $158.

$158

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.e

This overdue debt to Creditor 5 is cited in the SOR in the amount of $595.

$595

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.f

This overdue debt to Creditor 6 is cited in the SOR in the amount of $592.

$592

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.g

This overdue debt to Creditor 7 is cited in the SOR in the amount of $5,540.

$5,540

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.h

This overdue debt to Creditor 8 is cited in the SOR in the amount of $3,572, for a civil judgement entered against him.

$3,572

Against Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.i

This overdue debt to Creditor 9 is cited in the SOR in the amount of $4,339.

$4,339

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.j

This overdue debt to Creditor 10 is cited in the SOR in the amount of $168.

$168

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested on or about August 24,1986, and charged with (1) Hit and Run Resulting in Death/Injury, (2) Perjury, and (3) Perjury-Punishment. He was found guilty of Count (1) and was sentenced to serve 30 days in jail.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	—	—
2.b	Applicant was arrested on or about October 19, 1990, and charged with 2nd Degree Burglary. He was found guilty and was sentenced to serve 36 months in jail, suspended, sentenced to serve 36 months of probation, and granted work release.	Against Applicant	Trespassing or Burglary	Convicted	Admitted	—	—	—
2.c	Applicant was arrested on or about November 23,1993, and charged with (1) Grand Theft Property, and (2) Conspiracy.	Against Applicant	Theft or Larceny	Charged Not Convicted	Admitted	—	—	—
2.d	Applicant was arrested on or about September 3, 1997, and charged with Convicted Felon in Possession of Firearm, a felony. He was convicted of a misdemeanor charge and sentenced to complete 180 hours of community service and awarded three years of probation. Six months after Applicant’s sentence, he was arrested again and the misdemeanor charge was discarded, and he was convicted of the original felony charge. His probation period was increased to five years.	Against Applicant	Weapons Offense	Convicted	Admitted	—	—	—
2.e	Applicant was arrested on or about October 4,1999, and charged with (1) Failure to Provide for his Child, (2) Failure to Appear in Court, and twelve counts of Contempt of Court. He plead guilty to Count (2) and he was found guilty of all other counts. He was ordered to pay child support in the amount of $400.00 per month to begin in February 2000. On August 3, 2005, the case was dismissed.	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	—	—	—
2.f	Applicant was arrested on or about December 3,1999, and charged with (1) Receive Stolen Property, (2) Chop Shop Operation, (3) Possession of a Controlled Substance, and (4) Vin/Serial Numbers Removed. He was found guilty of Count (1), sentenced to serve two days in jail, awarded five years of probation, ordered to take Theft Classes, and perform community service work. He was also ordered by the court not to possess firearms and to pay restitution in the amount of $200.00.	Against Applicant	Theft or Larceny	Convicted	Admitted	—	—	—
2.g	Applicant was arrested on or about March 28, 2001, and charged with (1) Failure to Provide After Adjudication.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Admitted	—	—	—
2.h	Applicant was arrested on or about May 24, 2001, and charged with (1) Failure to Provide for your Child, (2) Failure to Appear in Court, and five counts of Violation of Court Order. This case was transferred to a previously opened case against Applicant.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Admitted	—	—	—
2.i	That information set forth under paragraph 3., below, which constitutes a violation of Federal law, Title 18, United States Code, Section 1001, a felony.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was arrested on or about August 24,1986, and charged with (1) Hit and Run Resulting in Death/Injury, (2) Perjury, and (3) Perjury-Punishment. He was found guilty of Count (1) and was sentenced to serve 30 days in jail.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

2.b

Applicant was arrested on or about October 19, 1990, and charged with 2nd Degree Burglary. He was found guilty and was sentenced to serve 36 months in jail, suspended, sentenced to serve 36 months of probation, and granted work release.

Against Applicant

Trespassing or Burglary

Convicted

Admitted

—

2.c

Applicant was arrested on or about November 23,1993, and charged with (1) Grand Theft Property, and (2) Conspiracy.

Against Applicant

Theft or Larceny

Charged Not Convicted

Admitted

—

2.d

Applicant was arrested on or about September 3, 1997, and charged with Convicted Felon in Possession of Firearm, a felony. He was convicted of a misdemeanor charge and sentenced to complete 180 hours of community service and awarded three years of probation. Six months after Applicant’s sentence, he was arrested again and the misdemeanor charge was discarded, and he was convicted of the original felony charge. His probation period was increased to five years.

Against Applicant

Weapons Offense

Convicted

Admitted

—

2.e

Applicant was arrested on or about October 4,1999, and charged with (1) Failure to Provide for his Child, (2) Failure to Appear in Court, and twelve counts of Contempt of Court. He plead guilty to Count (2) and he was found guilty of all other counts. He was ordered to pay child support in the amount of $400.00 per month to begin in February 2000. On August 3, 2005, the case was dismissed.

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

—

2.f

Applicant was arrested on or about December 3,1999, and charged with (1) Receive Stolen Property, (2) Chop Shop Operation, (3) Possession of a Controlled Substance, and (4) Vin/Serial Numbers Removed. He was found guilty of Count (1), sentenced to serve two days in jail, awarded five years of probation, ordered to take Theft Classes, and perform community service work. He was also ordered by the court not to possess firearms and to pay restitution in the amount of $200.00.

Against Applicant

Theft or Larceny

Convicted

Admitted

—

2.g

Applicant was arrested on or about March 28, 2001, and charged with (1) Failure to Provide After Adjudication.

Against Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Admitted

—

2.h

Applicant was arrested on or about May 24, 2001, and charged with (1) Failure to Provide for your Child, (2) Failure to Appear in Court, and five counts of Violation of Court Order. This case was transferred to a previously opened case against Applicant.

Against Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Admitted

—

2.i

That information set forth under paragraph 3., below, which constitutes a violation of Federal law, Title 18, United States Code, Section 1001, a felony.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

—

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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 CONCEPT

FORMAL FINDINGS

CONCLUSION