ISCR Case 09-00560.h1

Case Headnote

ISCR Case No. 09-00560.h1

deniedJan 26, 2010· Hon. Joan Caton Anthony· hearing

Summary

A 24-year-old mail processor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant had a history of drug-related arrests and a felony charge, which raised questions about his judgment and reliability. Specifically, he was arrested and cited for possession of an open container of alcohol in June 2008, and faced marijuana possession charges in September and October 2007, both of which were dropped. In 2003, he was arrested and charged with felony possession of marijuana and possession with intent to distribute cocaine, with these charges also being dropped.

The applicant admitted to purchasing and using marijuana for approximately five years, from 2002 to at least October 2007, starting at age 17. A significant factor in the denial was his deliberate falsification of his e-QIP. He failed to disclose the felony charge, his drug and alcohol arrests, and his illegal marijuana use, admitting he omitted this information because he feared it would "look bad." This willful omission was deemed a violation of 18 U.S.C. Section 1001.

The judge found that the applicant's admissions of multiple drug-related arrests and the felony charge, coupled with his deliberate falsification of the e-QIP, undermined his reliability and trustworthiness. The decision noted a lack of evidence demonstrating successful rehabilitation or a clear intent to abstain from future drug use. Consequently, the security clearance was denied.

Why the Applicant Was Denied

The applicant admitted to multiple drug-related arrests and a felony charge, raising concerns about his judgment and reliability.
The applicant deliberately falsified his e-QIP by omitting his drug use and criminal history, violating 18 U.S.C. § 1001.
There was no evidence of successful rehabilitation or intent to abstain from drug use in the future.

Conditions Referenced

Disqualifying

AG ¶ 31(a)raisedCriminal Conduct
AG ¶ 31(c)raisedCriminal Conduct
AG ¶ 25(a)raisedDrug Involvement
AG ¶ 25(c)raisedDrug Involvement
AG ¶ 16(a)raisedPersonal Conduct

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 issuedJul 27, 2009
Answer filedAug 10, 2009Requested decision on the record.
Hearing held—No hearing requested by the Government.
Decision dateJan 26, 2010

Cite For

Denial Based on Deliberate Falsification of E-qip Under Guideline E
Impact of Drug Involvement on Security Clearance Under Guideline H
Criminal Conduct as a Disqualifying Factor Under Guideline J

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	When Applicant answered “No” to Section 23a, he deliberately falsified his e-QIP by failing to list the felony charge alleged at SOR ¶ 1.d.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
3.b	When Applicant answered “No” to Section 23d, he deliberately falsified his e-QIP by failing to list the drug and alcohol arrests and charges alleged at SOR ¶¶ 1.a. through 1.d.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
3.c	When Applicant answered “No” to Section 24a, he deliberately falsified his e-QIP by failing to list his illegal use of marijuana as alleged at SOR ¶¶ 2.a. and 2.b.	For Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

When Applicant answered “No” to Section 23a, he deliberately falsified his e-QIP by failing to list the felony charge alleged at SOR ¶ 1.d.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

3.b

When Applicant answered “No” to Section 23d, he deliberately falsified his e-QIP by failing to list the drug and alcohol arrests and charges alleged at SOR ¶¶ 1.a. through 1.d.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

3.c

When Applicant answered “No” to Section 24a, he deliberately falsified his e-QIP by failing to list his illegal use of marijuana as alleged at SOR ¶¶ 2.a. and 2.b.

For Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	Applicant has purchased marijuana, and he has used marijuana, with varying frequency, for approximately five years, from 2002 to at least October 2007.	Against Applicant	Marijuana	Regular	Admitted	—	—	—
2.b	Applicant began smoking marijuana when he was 17 years old. Each day, he shared about $20 worth of marijuana with his friends.	Against Applicant	Marijuana	Regular	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

Applicant has purchased marijuana, and he has used marijuana, with varying frequency, for approximately five years, from 2002 to at least October 2007.

Against Applicant

Marijuana

Regular

Admitted

—

2.b

Applicant began smoking marijuana when he was 17 years old. Each day, he shared about $20 worth of marijuana with his friends.

Against Applicant

Marijuana

Regular

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	On June 2008, Applicant was arrested and cited for Possession of Open Container/Alcohol. He was taken into custody by police. He paid a $25 fine and was released.	Against Applicant	Traffic Offense Pattern	Dismissed or Nolle Prossed	Admitted	—	—	—
1.b	In September 2007, Applicant was arrested and charged with possession of marijuana. The government did not prosecute the charges, and they were dropped.	Against Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	—	—	—
1.c	In October 2007, Applicant was arrested and charged with possession of marijuana. The government did not prosecute the charges, and they were dropped.	Against Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	—	—	—
1.d	In 2003, Applicant was arrested, detained in jail for two days, and charged with Possession of Marijuana and Possession with Intent to Distribute Cocaine (Felony). The government did not prosecute the charges, and they were dropped.	Against Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	—	—	—
1.e	Applicant deliberately failed to list his illegal drug use on his e-QIP because he was afraid it would 'look bad.' This willful omission was a violation of 18 U.S.C. Section 1001.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

On June 2008, Applicant was arrested and cited for Possession of Open Container/Alcohol. He was taken into custody by police. He paid a $25 fine and was released.

Against Applicant

Traffic Offense Pattern

Dismissed or Nolle Prossed

Admitted

—

1.b

In September 2007, Applicant was arrested and charged with possession of marijuana. The government did not prosecute the charges, and they were dropped.

Against Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

—

1.c

In October 2007, Applicant was arrested and charged with possession of marijuana. The government did not prosecute the charges, and they were dropped.

Against Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

—

1.d

In 2003, Applicant was arrested, detained in jail for two days, and charged with Possession of Marijuana and Possession with Intent to Distribute Cocaine (Felony). The government did not prosecute the charges, and they were dropped.

Against Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

—

1.e

Applicant deliberately failed to list his illegal drug use on his e-QIP because he was afraid it would 'look bad.' This willful omission was a violation of 18 U.S.C. Section 1001.

Against Applicant

Unspecified Criminal Conduct

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

FOOTNOTES