Summary
The applicant, a 41-year-old program director with a master's degree, faced security concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct) due to his history of viewing underage pornography, engaging in sexual chats while posing as a teenage girl, and participating in illegal sex acts for money. The judge found that the applicant failed to mitigate these concerns, leading to a denial of his security clearance.
Under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant viewed underage girls on-line using the internet from 1998 through at least 2004 (1.a). Going into teen chat rooms pretending to be a teenage girl, engaging in sexual talk in the teen chat rooms, and providing a picture of a topless teenage girl (1.b). In 2003 and 2004, going to sex clubs and engaging in illegal sex acts for money on three occasions (1.c). Applicant engaged in unlawful and inappropriate sexual behavior for six years that calls into question his good judgment. Although the last reported behavior was in 2004, the nature of his sexual activities and the lack of insight he shows regarding his past actions rule out this mitigating condition (2.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 13(a), AG ¶ 13(c), AG ¶ 13(d), AG ¶ 16(e). The decision turned on the following: The applicant engaged in criminal sexual behavior, including viewing underage pornography and soliciting sex for money; The applicant's actions reflected a lack of judgment and made him vulnerable to coercion and exploitation; The applicant failed to demonstrate that his past behavior was unlikely to recur or that he had gained sufficient insight into his actions.
Why the applicant was denied
- The applicant engaged in criminal sexual behavior, including viewing underage pornography and soliciting sex for money.
- The applicant's actions reflected a lack of judgment and made him vulnerable to coercion and exploitation.
- The applicant failed to demonstrate that his past behavior was unlikely to recur or that he had gained sufficient insight into his actions.
Conditions referenced
- AG ¶ 13(a)raisedSexual Behavior of a Criminal Nature
- AG ¶ 13(c)raisedSexual Behavior That Causes Vulnerability to Coercion
- AG ¶ 13(d)raisedSexual Behavior Reflecting Lack of Discretion
- AG ¶ 16(e)raisedPersonal Conduct Creating Vulnerability to Exploitation
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedSep 22, 2009
- Answer filedOct 21, 2009
- Hearing heldSep 14, 2010continued twice due to requests from both parties
- Decision dateMar 21, 2011
Cite for
- Denial of Security Clearance Due to Criminal Sexual Behavior Under Guideline D
- Lack of Mitigating Conditions for Personal Conduct Under Guideline E
- Vulnerability to Coercion and Exploitation as a Basis for Disqualification