Summary
A 52-year-old independent contractor engineer was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The applicant's history included soliciting and paying prostitutes for sexual activities from approximately 1976 to at least September 2001, continuing this behavior even after it was identified as a security concern in 1995. He also received counseling from 1998 to 2008 for marital problems stemming from his sexual behavior.
Beyond sexual conduct, the applicant's personal conduct raised significant issues. He provided false information on his income tax returns and accepted payments from a contractor brother-in-law, which violated his duties as executor of his parents' estate. These actions demonstrated a pattern of dishonesty and questionable judgment.
While some mitigating conditions related to his sexual behavior were considered, the overall assessment concluded that the applicant's high-risk sexual behavior, coupled with his history of dishonesty and lack of candor, undermined his reliability and trustworthiness. Consequently, his security clearance was denied.
Why the applicant was denied
- The applicant engaged in high-risk sexual behavior, including soliciting prostitutes, which raised significant security concerns.
- He provided false information on his income tax returns and accepted payments from a contractor brother-in-law, violating his duties as executor of his parents' estate.
- The applicant's history of dishonesty and lack of candor undermined his reliability and trustworthiness.
Conditions referenced
- D.1.aappliedSexual Behavior of a Criminal Nature
- D.1.bappliedPattern of Compulsive, Self-destructive, or High Risk Sexual Behavior
- E.2.bappliedDeliberately Providing False or Misleading Information
- E.2.cappliedCredible Adverse Information in Several Adjudicative Issue Areas
- E.2.eappliedPersonal Conduct That Creates a Vulnerability to Exploitation
- D.14.brejectedThe Sexual Behavior Happened so Long Ago, so Infrequently, or Under Such Unusual CircumstancesWhile the applicant's sexual behavior is not recent, it continues to cast doubt on his current reliability.
- D.14.cappliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
Key rule quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural posture
- SOR issuedDec 23, 2009
- Answer filedJan 29, 2010
- Hearing heldApr 27, 2010
- Decision dateJul 16, 2010
Cite for
- Denial of Security Clearance Due to High-risk Sexual Behavior Under Guideline D
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E
- Consideration of Mitigating Factors in the Context of Ongoing Behavioral Issues