ISCR Case 09-07319.h1

Case Headnote

ISCR Case No. 09-07319.h1

deniedJan 20, 2012· Hon. Joan Caton Anthony· hearing

Summary

A 57-year-old investigations assistant with 29 years of employment was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), H (Drug Involvement), and J (Criminal Conduct). The applicant admitted to using marijuana in March 2006 and to possessing and providing heroin to her incarcerated husband during a prison visit that same month. These actions led to her arrest and subsequent conviction for felony transportation of a controlled substance, resulting in 36 months of probation, community service, fines, and mandatory drug testing, all of which she completed by August 2009.

Additional concerns included the applicant's failure to disclose her marijuana use on her e-QIP and making false statements to an investigator regarding her drug use. Financially, she reported approximately $25,000 in credit card debt, which was in collections and managed by a debt management firm. She also had difficulties with federal income taxes, owing $7,048 for 2008 and $2,189 for 2010, and did not always make payments as agreed with the IRS.

Despite completing her probation and community service, the applicant's lack of ongoing rehabilitation efforts, continued correspondence with her incarcerated husband, and stated intent to reestablish prison visitation rights raised doubts about her reliability and trustworthiness. These factors, combined with her financial difficulties and lack of candor, led to the denial of her security clearance.

Why the Applicant Was Denied

The applicant admitted to illegal drug use and criminal conduct, including smuggling heroin into a prison.
She failed to demonstrate sufficient rehabilitation or intent to avoid future drug use.
The applicant's financial difficulties and lack of candor during the security clearance process further undermined her case.

Conditions Referenced

Disqualifying

HraisedDrug Involvement
JraisedCriminal Conduct
EraisedPersonal Conduct
FraisedFinancial Considerations

Mitigating

HrejectedDrug InvolvementThe applicant's drug use occurred as an adult and raised ongoing concerns about her reliability.
JrejectedCriminal ConductThe applicant's serious crime was committed as a mature adult, raising doubts about her judgment.
ErejectedPersonal ConductThe applicant's failure to disclose drug use on her e-QIP indicated a lack of candor.
FnotedFinancial Considerations

Key Rule Quoted

“no one has a ‘right’ to a security clearance.”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedMay 19, 2011
Answer filedJun 13, 2011Applicant requested a decision on the record.
Hearing held—No hearing; decision made on the record.
Decision dateJan 20, 2012

Cite For

Denial of Security Clearance Due to Drug Involvement and Criminal Conduct
Lack of Rehabilitation Efforts Impacting Security Clearance Eligibility
Importance of Candor in the Security Clearance Process

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	Applicant failed to disclose her illegal drug use on her e-QIP, specifically her use of marijuana in March 2006.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Admitted	—	—	—
3.b	Applicant made false statements to an investigator regarding her drug use.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant failed to disclose her illegal drug use on her e-QIP, specifically her use of marijuana in March 2006.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Admitted

—

3.b

Applicant made false statements to an investigator regarding her drug use.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
4.a	Applicant has had difficulty managing her finances and paying her legitimate debts. She estimated that she owed approximately $25,000 in credit card debt. She retained a debt management firm, and she authorized the firm to deduct $689 each month from her checking account to pay her credit card accounts, which were in collection status. $25,000	Against Applicant	Credit Card Debt	Denied	—	—	—
4.a	Applicant's financial difficulties have made it difficult for her to pay her federal income taxes as required. In April 2009, she filed her 2008 federal tax return. She owed $7,048 in federal taxes, but she lacked the money to pay them. She did not contact the Internal Revenue Service (IRS) to request a payment plan. After the IRS contacted her and requested payment, Applicant borrowed approximately $6,200 from her 401k plan to pay part of her 2008 federal income tax debt. She told the investigator that she still owed approximately $848, and she stated that she intended to pay the remainder of her 2008 federal income tax debt in September 2009. $7,048	Against Applicant	Tax Unpaid	Denied	—	—	—
4.a	Applicant did not file her 2010 federal income tax return when required. Applicant provided documentation showing that in June 2011, she contacted the IRS and indicated she would pay her 2010 federal income tax debt of $2,189 by October 12, 2011. Applicant's documentation showed that the IRS accepted her offer of payment. The record does not contain documentation showing that Applicant made the payment when she said she would. $2,189	Against Applicant	Tax Unpaid	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

4.a

Applicant has had difficulty managing her finances and paying her legitimate debts. She estimated that she owed approximately $25,000 in credit card debt. She retained a debt management firm, and she authorized the firm to deduct $689 each month from her checking account to pay her credit card accounts, which were in collection status.

$25,000

Against Applicant

Credit Card Debt

Denied

—

4.a

Applicant's financial difficulties have made it difficult for her to pay her federal income taxes as required. In April 2009, she filed her 2008 federal tax return. She owed $7,048 in federal taxes, but she lacked the money to pay them. She did not contact the Internal Revenue Service (IRS) to request a payment plan. After the IRS contacted her and requested payment, Applicant borrowed approximately $6,200 from her 401k plan to pay part of her 2008 federal income tax debt. She told the investigator that she still owed approximately $848, and she stated that she intended to pay the remainder of her 2008 federal income tax debt in September 2009.

$7,048

Against Applicant

Tax Unpaid

Denied

—

4.a

Applicant did not file her 2010 federal income tax return when required. Applicant provided documentation showing that in June 2011, she contacted the IRS and indicated she would pay her 2010 federal income tax debt of $2,189 by October 12, 2011. Applicant's documentation showed that the IRS accepted her offer of payment. The record does not contain documentation showing that Applicant made the payment when she said she would.

$2,189

Against Applicant

Tax Unpaid

Denied

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Applicant used marijuana in March 2006.	Against Applicant	Marijuana	Not Applicable	Admitted	—	—	—
1.b	Applicant possessed heroin and provided it to her husband, a state prison inmate, in March 2006.	Against Applicant	Heroin	Not Applicable	Admitted	—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Applicant used marijuana in March 2006.

Against Applicant

Marijuana

Not Applicable

Admitted

—

1.b

Applicant possessed heroin and provided it to her husband, a state prison inmate, in March 2006.

Against Applicant

Heroin

Not Applicable

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	In March 2006, Applicant secreted heroin in her body and went to visit her husband in prison. She also smoked a half cigarette of marijuana the night before going to the prison, and she had marijuana in her possession. During her visit with her husband, she gave him the heroin she had brought. Her actions were observed, and she was arrested inside the prison. State police charged Applicant with felony possession of drugs in a state prison; felony non-inmate selling and furnishing drugs to an unauthorized person; felony conspiracy to commit a crime; and misdemeanor possession of marijuana. In August 2006, Applicant pled guilty and was convicted of felony transportation of a controlled substance, heroin, for sale to noncontiguous county. She was sentenced to 36 months probation, community service, fines, and mandatory drug testing. She completed 912 hours of community service on February 2009. She completed her probation in August 2009. She has not visited her husband at the prison since her arrest in 2006, although she does continue to correspond with him. She told an authorized investigator that she intends to reestablish her visitation rights with her husband at some time in the future.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

In March 2006, Applicant secreted heroin in her body and went to visit her husband in prison. She also smoked a half cigarette of marijuana the night before going to the prison, and she had marijuana in her possession. During her visit with her husband, she gave him the heroin she had brought. Her actions were observed, and she was arrested inside the prison. State police charged Applicant with felony possession of drugs in a state prison; felony non-inmate selling and furnishing drugs to an unauthorized person; felony conspiracy to commit a crime; and misdemeanor possession of marijuana. In August 2006, Applicant pled guilty and was convicted of felony transportation of a controlled substance, heroin, for sale to noncontiguous county. She was sentenced to 36 months probation, community service, fines, and mandatory drug testing. She completed 912 hours of community service on February 2009. She completed her probation in August 2009. She has not visited her husband at the prison since her arrest in 2006, although she does continue to correspond with him. She told an authorized investigator that she intends to reestablish her visitation rights with her husband at some time in the future.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

Loading case…

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