ISCR Case 07-18324.h1

Case Headnote

ISCR Case No. 07-18324.h1

grantedOct 28, 2010· Hon. Wilford H. Ross· hearing

Summary

A 55-year-old married defense contractor was granted a security clearance despite allegations under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The allegations included claims that the applicant admitted to deliberately seeking and viewing child pornography, including images of rapes involving minors, and having recurring rape fantasies involving underage girls. Further allegations involved sexual encounters with suspected underage prostitutes in an Asian nation in 1999, and inappropriate behavior with his daughter's friends and swim team members. The applicant also faced allegations regarding a prior disapproval and revocation of classified access in 2004, which was reaffirmed in 2006, based on these same factual claims.

The applicant consistently denied all allegations of illegal sexual behavior and questionable judgment. The judge found that the government did not provide sufficient evidence to support its claims, relying primarily on third-hand statements without direct evidence from the applicant's interviews. Specifically, Government Exhibit 7 was cited as the sole support for several key allegations, and other alleged statements, such as a set of interrogatories from October 2008, were not presented as evidence.

The judge noted the applicant's credible denials, the lack of corroborating evidence from the government, and the applicant's demonstrated lack of recent misconduct. The applicant also showed a commitment to transparency regarding his past behavior. Ultimately, the judge concluded that the government failed to meet its burden of proof, and the security clearance was granted.

Why the Applicant Prevailed

The applicant provided credible testimony denying the allegations of illegal sexual behavior.
The government relied on third-hand statements without direct evidence from the applicant's interviews.
The applicant demonstrated a lack of recent misconduct and a commitment to transparency regarding his past behavior.

Conditions Referenced

Disqualifying

13.araisedSexual Behavior of a Criminal Nature
13.braisedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
13.craisedSexual Behavior That Causes Vulnerability to Coercion
13.draisedSexual Behavior of a Public Nature
16.araisedDeliberate Omission or Concealment of Relevant Facts
16.craisedCredible Adverse Information in Several Adjudicative Areas

Mitigating

14.aappliedBehavior Occurred Prior to or During Adolescence
14.bappliedBehavior Happened Infrequently or Under Circumstances Unlikely to Recur
14.cappliedBehavior No Longer Serves as a Basis for Coercion
14.dappliedBehavior Is Strictly Private, Consensual, and Discreet

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 issuedJun 27, 2009
Answer filedAug 27, 2009
Hearing heldDec 18, 2009
Decision dateOct 28, 2010

Cite For

Credibility of Applicant's Testimony in the Face of Serious Allegations
Insufficient Evidence From Third-party Sources to Support Disqualifying Conditions
Application of Mitigating Conditions Under Guideline D and 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	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
1.a	Applicant denied that during two interviews with AGA in 2003 he admitted that he deliberately sought and viewed child pornography on an average of twice weekly. As stated above, Government Exhibit 7 is the only support for this allegation.	For Applicant	Child Pornography Involvement	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	(a) the behavior occurred prior to or during adolescence and there is no evidence of subsequent similar conduct (b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren… (c) the behavior no longer serves as a basis for coercion, exploitation, or duress (d) the sexual behavior is strictly private, consensual, and discreet	—
1.b	Applicant denied this allegation, which states he specifically sought and viewed pornography involving the rapes of 15 and/or 16-year-old girls, as well as teenage girls being molested. Once again, Government Exhibit 7 is the only support for the statement.	For Applicant	Child Pornography Involvement	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	(a) the behavior occurred prior to or during adolescence and there is no evidence of subsequent similar conduct (b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren… (c) the behavior no longer serves as a basis for coercion, exploitation, or duress (d) the sexual behavior is strictly private, consensual, and discreet	—
1.c	Applicant also denied this allegation, which alleges that he admitted to the AGA that he had recurring rape fantasies involving underage girls. This included looking at videos of rape scenarios involving women who were at or above legal age.	For Applicant	Compulsive Sexual Behavior	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	(a) the behavior occurred prior to or during adolescence and there is no evidence of subsequent similar conduct (b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren… (c) the behavior no longer serves as a basis for coercion, exploitation, or duress (d) the sexual behavior is strictly private, consensual, and discreet	—
1.d	Applicant denied having sexual encounters in January 1999 with two prostitutes in an Asian nation who he believed to be 15 or 16 years old. As before, Government Exhibit 7 is the sole support for this statement.	For Applicant	Prostitution or Solicitation	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	(a) the behavior occurred prior to or during adolescence and there is no evidence of subsequent similar conduct (b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren… (c) the behavior no longer serves as a basis for coercion, exploitation, or duress (d) the sexual behavior is strictly private, consensual, and discreet	—
1.e	Applicant denied becoming physically aroused when one of his daughter’s swim team members rubbed against him.	For Applicant	Unspecified Sexual Behavior	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	(a) the behavior occurred prior to or during adolescence and there is no evidence of subsequent similar conduct (b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren… (c) the behavior no longer serves as a basis for coercion, exploitation, or duress (d) the sexual behavior is strictly private, consensual, and discreet	—
1.f	Applicant denied this allegation, which stated that, when his daughter’s high school friends would stay overnight, that he could identify which of the girls wore bras.	For Applicant	Unspecified Sexual Behavior	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	(a) the behavior occurred prior to or during adolescence and there is no evidence of subsequent similar conduct (b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren… (c) the behavior no longer serves as a basis for coercion, exploitation, or duress (d) the sexual behavior is strictly private, consensual, and discreet	—
1.g	Applicant denied this allegation, which states that at the age of 17, he masturbated himself in front of his nephews, who were 5 and 6 at the time.	For Applicant	Unspecified Sexual Behavior	Denied	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	(a) the behavior occurred prior to or during adolescence and there is no evidence of subsequent similar conduct (b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren… (c) the behavior no longer serves as a basis for coercion, exploitation, or duress (d) the sexual behavior is strictly private, consensual, and discreet	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

1.a

Applicant denied that during two interviews with AGA in 2003 he admitted that he deliberately sought and viewed child pornography on an average of twice weekly. As stated above, Government Exhibit 7 is the only support for this allegation.

For Applicant

Child Pornography Involvement

Denied

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(b) a pattern of compulsive, self-destructive, or high-risk sexual behavior that the individual is unable to stop

(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress

(d) sexual behavior of a public nature or that reflects lack of discretion or judgment

(a) the behavior occurred prior to or during adolescence and there is no evidence of subsequent similar conduct

(b) the behavior happened so long ago, so infrequently, or under such unusual circumstances that it is unlikely to recur and does not cast doubt on curren…

(c) the behavior no longer serves as a basis for coercion, exploitation, or duress

(d) the sexual behavior is strictly private, consensual, and discreet

—

1.b

Applicant denied this allegation, which states he specifically sought and viewed pornography involving the rapes of 15 and/or 16-year-old girls, as well as teenage girls being molested. Once again, Government Exhibit 7 is the only support for the statement.