ISCR Case 08-10397.h1

Case Headnote

ISCR Case No. 08-10397.h1

deniedJul 1, 2008· Hon. Marc E. Curry· hearing

Summary

A 43-year-old married man was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant's Statement of Reasons detailed several issues, including a significant criminal record from the 1990s, substantial tax delinquencies, and the omission of his criminal history from a 2004 security clearance application.

Specifically, the applicant owed approximately $53,497 and $6,748 to a local municipality for unpaid sales and use taxes from 2001-2005, and about $20,000 to the IRS for the same period. His criminal history involved a six-year incarceration in the 1990s for drug-related convictions. While this criminal conduct occurred more than 20 years prior, the deliberate omission of this record from a previous application raised concerns about personal conduct.

Despite mitigating factors related to his past criminal behavior, the applicant failed to adequately address ongoing financial issues. These financial problems were compounded by his wife's job loss and the failure of his laundromat business, leading to unmitigated tax delinquencies and mortgage payment issues. Consequently, the security clearance application was denied.

Why the Applicant Was Denied

The applicant failed to mitigate financial considerations due to ongoing tax delinquencies and mortgage payment issues.
The applicant's financial problems were exacerbated by his wife's job loss and the failure of his laundromat business.

Conditions Referenced

Disqualifying

F.19(a)raisedInability or Unwillingness to Satisfy Debts
F.19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

F.20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
F.20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
F.20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
E.16(a)rejectedDeliberate Omission, Concealment, or Falsification of Relevant FactsThe applicant's omission was deemed credible as a misreading of the question.
J.31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
J.31(c)appliedAllegation or Admission of Criminal Conduct
J.32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior Happened
J.32(d)appliedEvidence of Successful Rehabilitation

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedMar 31, 2010
Answer filedApr 20, 2010
Hearing heldSep 30, 2010
Decision date—

Cite For

Mitigating Factors Related to Past Criminal Conduct Under Guideline J
Financial Considerations Under Guideline F
Whole-person Concept in Security Clearance Evaluations

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
2.a	Applicant’s omission of his criminal record from a 2004 security clearance application raises the issue of whether AG ¶ 16(a), “deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities,” applies.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant’s omission of his criminal record from a 2004 security clearance application raises the issue of whether AG ¶ 16(a), “deliberate omission, concealment, or falsification of relevant facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities,” applies.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	You are indebted to the local municipality for approximately $53,497 for unpaid sales and use taxes for tax years 2001 through 2004. $53,497	Against Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b	You are indebted to the local municipality for approximately $6,748 for unpaid sales and use taxes for tax year 2005. $6,748	Against Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	You are indebted to the United States Internal Revenue Service for approximately $20,000 for the time period of 2001-2005. $20,000	Against Applicant	Tax Unpaid	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

You are indebted to the local municipality for approximately $53,497 for unpaid sales and use taxes for tax years 2001 through 2004.

$53,497

Against Applicant

Tax Unpaid

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.b

You are indebted to the local municipality for approximately $6,748 for unpaid sales and use taxes for tax year 2005.

$6,748

Against Applicant

Tax Unpaid

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.c

You are indebted to the United States Internal Revenue Service for approximately $20,000 for the time period of 2001-2005.

$20,000

Against Applicant

Tax Unpaid

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
3.a	Applicant was incarcerated for six years in the 1990s after being convicted of several drug-related charges.	For Applicant	Drug Related Criminal Charge	Convicted	Admitted	(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 (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Passage of Time Credited Rehabilitation Evidence
3.b	Although Applicant admittedly was involved in using and dealing drugs, this conduct occurred more than 20 years ago when he was in his late teens to early twenties.	For Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(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 (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Passage of Time Credited Rehabilitation Evidence

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant was incarcerated for six years in the 1990s after being convicted of several drug-related charges.

For Applicant

Drug Related Criminal Charge

Convicted

Admitted

(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

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

Credited

Passage of Time

Credited

Rehabilitation Evidence

3.b

Although Applicant admittedly was involved in using and dealing drugs, this conduct occurred more than 20 years ago when he was in his late teens to early twenties.

For Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

(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

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

Credited

Passage of Time

Credited

Rehabilitation Evidence

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES