ISCR Case 07-17806.h1

Case Headnote

ISCR Case No. 07-17806.h1

deniedSep 16, 2008· Hon. Matthew E. Malone· hearing

Summary

A 31-year-old information security specialist was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The denial stemmed from a history of unpaid debts, multiple arrests, and a failure to disclose these arrests on his e-QIP.

Specifically, the applicant had approximately $43,008 in unpaid debts, including a municipal tax lien, parking tickets, property tax bills, and several civil judgments from various creditors. As of April 17, 2008, these debts remained unpaid. Additionally, the applicant had a history of arrests, including charges for felonious assault, assault and battery, and violating a protective order.

Although the judge noted the applicant had made efforts to address his financial issues, his past criminal conduct and deliberate failure to disclose his arrest history on his e-QIP were significant factors. This lack of candor and the criminal history raised substantial concerns about his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant had approximately $43,008 in unpaid debts, including civil judgments and debts referred to collection agencies.
The applicant had a history of multiple arrests, including a misdemeanor conviction for violating a protective order, which raised concerns about his judgment and reliability.
The applicant's failure to disclose his arrest history on the e-QIP was viewed as a lack of candor, undermining his trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 30raisedCriminal Conduct
AG ¶ 18raisedFinancial Considerations
AG ¶ 15raisedPersonal Conduct

Mitigating

AG ¶ 31(a)appliedCriminal ConductMore than five years have passed since the applicant's last criminal activity, and most charges were dismissed.
AG ¶ 16(a)rejectedPersonal ConductThe applicant's explanation for the omissions on his e-QIP was deemed credible, and the government failed to prove intent to mislead.

Key Rule Quoted

“A security clearance decision is intended to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedFeb 14, 2008
Answer filed—
Hearing heldJun 18, 2008
Decision dateSep 16, 2008

Cite For

Denial Based on Significant Unpaid Debts Under Guideline F
Denial Due to Multiple Arrests and a Misdemeanor Conviction Under Guideline J
Issues of Personal Conduct Related to Omissions on Security Clearance Applications 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	You deliberately failed to list any of your arrests when you answered “no” to questions 23a. - 23.e (Your Police Record).	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
3.b	You deliberately failed to disclose the allegations as set out in subparagraph 2.a.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

You deliberately failed to list any of your arrests when you answered “no” to questions 23a. - 23.e (Your Police Record).

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

3.b

You deliberately failed to disclose the allegations as set out in subparagraph 2.a.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	You are indebted to the City of Anytown for an unpaid municipal tax lien in the approximate amount of $528. As of April 17, 2008, this debt had not been paid. $528	Against Applicant	Tax Unpaid	Admitted	—	—	—
1.b	You are indebted to The Center for Orthopedics for a judgment against you in the approximate amount of $8,419. As of April 17, 2008, this debt had not been paid. $8,419	Against Applicant	Judgment Against Applicant	Unknown	—	—	—
1.c	You are indebted to the City of Anytown for an unpaid parking ticket in the approximate amount of $1,000. As of April 17, 2008, this debt had not been paid. $1,000	For Applicant	Judgment Against Applicant	Admitted	—	—	—
1.d	You are indebted to the City of Anytown for an unpaid property tax bill in the approximate amount of $1,500. As of April 17, 2008, this debt had not been paid. $1,500	For Applicant	Judgment Against Applicant	Admitted	—	—	—
1.e	You are indebted to the City of Anytown for an unpaid property tax bill in the approximate amount of $1,200. As of April 17, 2008, this debt had not been paid. $1,200	For Applicant	Judgment Against Applicant	Admitted	—	—	—
1.f	You are indebted to Ford Motor Credit Company for a judgment against you in the approximate amount of $3,956. As of April 17, 2008, this debt had not been paid. $3,956	Against Applicant	Judgment Against Applicant	Unknown	—	—	—
1.g	You are indebted to VA Heartland Bank for a judgment against you in the approximate amount of $2,045. As of April 17, 2008, this debt had not been paid. $2,045	For Applicant	Judgment Against Applicant	Admitted	—	—	—
1.h	You are indebted to Sport & Health Company LC for a judgment against you in the approximate amount of $425. As of April 17, 2008, this debt had not been paid. $425	For Applicant	Judgment Against Applicant	Admitted	—	—	—
1.i	You are indebted to Fred Ambulatory Surgery Center for a judgment against you in the approximate amount of $1,236. As of April 17, 2008, this debt had not been paid. $1,236	Against Applicant	Judgment Against Applicant	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

You are indebted to the City of Anytown for an unpaid municipal tax lien in the approximate amount of $528. As of April 17, 2008, this debt had not been paid.

$528

Against Applicant

Tax Unpaid

Admitted

—

1.b

You are indebted to The Center for Orthopedics for a judgment against you in the approximate amount of $8,419. As of April 17, 2008, this debt had not been paid.

$8,419

Against Applicant

Judgment Against Applicant

Unknown

—

1.c

You are indebted to the City of Anytown for an unpaid parking ticket in the approximate amount of $1,000. As of April 17, 2008, this debt had not been paid.

$1,000

For Applicant

Judgment Against Applicant

Admitted

—

1.d

You are indebted to the City of Anytown for an unpaid property tax bill in the approximate amount of $1,500. As of April 17, 2008, this debt had not been paid.

$1,500

For Applicant

Judgment Against Applicant

Admitted

—

1.e

You are indebted to the City of Anytown for an unpaid property tax bill in the approximate amount of $1,200. As of April 17, 2008, this debt had not been paid.

$1,200

For Applicant

Judgment Against Applicant

Admitted

—

1.f

You are indebted to Ford Motor Credit Company for a judgment against you in the approximate amount of $3,956. As of April 17, 2008, this debt had not been paid.

$3,956

Against Applicant

Judgment Against Applicant

Unknown

—

1.g

You are indebted to VA Heartland Bank for a judgment against you in the approximate amount of $2,045. As of April 17, 2008, this debt had not been paid.

$2,045

For Applicant

Judgment Against Applicant

Admitted

—

1.h

You are indebted to Sport & Health Company LC for a judgment against you in the approximate amount of $425. As of April 17, 2008, this debt had not been paid.

$425

For Applicant

Judgment Against Applicant

Admitted

—

1.i

You are indebted to Fred Ambulatory Surgery Center for a judgment against you in the approximate amount of $1,236. As of April 17, 2008, this debt had not been paid.

$1,236

Against Applicant

Judgment Against Applicant

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	You were arrested in November 2006 and charged with felonious assault.	For Applicant	Assault or Battery	Charged Not Convicted	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
2.b	You were arrested in June 2002 and charged with assault and battery.	For Applicant	Assault or Battery	Charged Not Convicted	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
2.c	You were arrested in August 2002 and charged with violating a protective order and with assault and battery.	For Applicant	Domestic Violence	Charged Not Convicted	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—
2.d	You violated the provisions of 18 U.S.C. § 1001 by deliberately falsifying answers to questions in your June 2007 SF-86.	For Applicant	Unspecified Criminal Conduct	Conduct No Charge	Unknown	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

You were arrested in November 2006 and charged with felonious assault.

For Applicant

Assault or Battery

Charged Not Convicted

Unknown

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

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

2.b

You were arrested in June 2002 and charged with assault and battery.

For Applicant

Assault or Battery

Charged Not Convicted

Unknown

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

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

2.c

You were arrested in August 2002 and charged with violating a protective order and with assault and battery.

For Applicant

Domestic Violence

Charged Not Convicted

Unknown

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

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

2.d

You violated the provisions of 18 U.S.C. § 1001 by deliberately falsifying answers to questions in your June 2007 SF-86.

For Applicant

Unspecified Criminal Conduct

Conduct No Charge

Unknown

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

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

—

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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

FOOTNOTES