ISCR Case 09-08213.h1

Case Headnote

ISCR Case No. 09-08213.h1

deniedAug 22, 2011· Hon. Nichole L. Noel· hearing

Summary

A 48-year-old contractor with a prior security clearance was denied a new clearance under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct). The denial stemmed from a pattern of poor judgment and dishonesty, which the judge concluded posed a significant risk to national security.

The applicant was found to have solicited foreign prostitutes at least ten times between 2003 and 2008 while on official travel, continuing this behavior even after being warned of the security implications. Additionally, he intentionally falsified security clearance applications in January and July 2008 and provided false information to investigators regarding his use of prostitutes. Further concerns included using marijuana while on official travel, leaving U.S. embassy security documents unattended in hotel rooms with foreign nationals present, and misusing a corporate credit card for personal travel.

The judge determined that the applicant demonstrated a repeated disregard for rules and regulations, bending them to suit his purposes. This conduct created a vulnerability to exploitation, manipulation, or duress, raising questions about his reliability and trustworthiness. The denial was based on the applicant's solicitation of foreign prostitutes, falsification of security clearance applications, and a lack of candor throughout the process.

Why the Applicant Was Denied

The applicant solicited foreign prostitutes while on official travel, demonstrating a disregard for security protocols.
He falsified security clearance applications and provided misleading information to investigators.
The applicant exhibited a pattern of poor judgment and a lack of candor throughout the security clearance process.

Conditions Referenced

Disqualifying

D.13.cappliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
D.13.dappliedSexual Behavior of a Public Nature And/or That Reflects Lack of Discretion or Judgment
E.16.aappliedDeliberate Omission, Concealment, or Falsification of Relevant Facts
E.16.bappliedDeliberately Providing False or Misleading Information
E.16.cappliedCredible Adverse Information in Several Adjudicative Areas
E.16.eappliedPersonal Conduct That Creates a Vulnerability to Exploitation, Manipulation, or Duress

Key Rule Quoted

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

Procedural Posture

SOR issuedNov 24, 2010
Answer filed—
Hearing heldJun 11, 2011initially scheduled for May 11, 2011, but rescheduled
Decision dateAug 22, 2011

Cite For

Disqualifying Conduct Under Guideline D and E Due to Solicitation of Prostitutes While on Official Travel
Falsification of Security Clearance Applications as a Basis for Denial
Demonstration of Poor Judgment and Lack of Candor in 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	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
2.a	Applicant solicited prostitutes at least ten times while on official travel between 2003 and 2008.	Against Applicant	Prostitution or Solicitation	Admitted	(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	—	—
2.b	Applicant continued to solicit foreign prostitutes after being warned of the potential dangers and security implications of such behavior.	Against Applicant	Prostitution or Solicitation	Admitted	(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress (d) sexual behavior of a public nature or that reflects lack of discretion or judgment	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

2.a

Applicant solicited prostitutes at least ten times while on official travel between 2003 and 2008.

Against Applicant

Prostitution or Solicitation

Admitted

(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress

(d) sexual behavior of a public nature or that reflects lack of discretion or judgment

—

2.b

Applicant continued to solicit foreign prostitutes after being warned of the potential dangers and security implications of such behavior.

Against Applicant

Prostitution or Solicitation

Admitted

(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress

(d) sexual behavior of a public nature or that reflects lack of discretion or judgment

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant intentionally falsified his January and July 2008 security clearance applications.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.b	Applicant provided false and misleading information to OGA 2 investigators about the extent of his use of prostitutes while on official travel in foreign countries.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official	—	—
1.c	Applicant used marijuana while on official travel in a foreign country after being granted a security clearance.	Against Applicant	Rules Violation at WorkplaceFOUND DELIBERATE	Drug Involvement	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.d	Applicant left U.S. embassy security documents unattended in hotel rooms with foreign nationals present.	Against Applicant	Rules Violation at WorkplaceFOUND DELIBERATE	—	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.e	Applicant misused his corporate credit card for personal travel expenses.	Against Applicant	Rules Violation at WorkplaceFOUND DELIBERATE	—	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.f	Applicant demonstrated a repeated disregard for rules and regulations, which he bends to justify his purposes.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.g	Applicant's conduct creates a vulnerability to exploitation, manipulation, or duress.	Against Applicant	Violation of Written Commitment	—	Denied	(e) personal conduct or concealment creating vulnerability to exploitation	—	—
1.h	Applicant's behavior raises questions about his reliability and trustworthiness.	Against Applicant	Questionable Judgment General	—	Denied	(c) credible adverse information across areas supporting a whole-person concern	—	—
1.i	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant intentionally falsified his January and July 2008 security clearance applications.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

1.b

Applicant provided false and misleading information to OGA 2 investigators about the extent of his use of prostitutes while on official travel in foreign countries.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

(b) deliberately providing false information to an investigator or official

—

1.c

Applicant used marijuana while on official travel in a foreign country after being granted a security clearance.

Against Applicant

Rules Violation at WorkplaceFOUND DELIBERATE

Drug Involvement

Denied

(c) credible adverse information across areas supporting a whole-person concern

—

1.d

Applicant left U.S. embassy security documents unattended in hotel rooms with foreign nationals present.

Against Applicant

Rules Violation at WorkplaceFOUND DELIBERATE

—

Denied

(c) credible adverse information across areas supporting a whole-person concern

—

1.e

Applicant misused his corporate credit card for personal travel expenses.

Against Applicant

Rules Violation at WorkplaceFOUND DELIBERATE

—

Denied

(c) credible adverse information across areas supporting a whole-person concern

—

1.f

Applicant demonstrated a repeated disregard for rules and regulations, which he bends to justify his purposes.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Denied

(c) credible adverse information across areas supporting a whole-person concern

—

1.g

Applicant's conduct creates a vulnerability to exploitation, manipulation, or duress.

Against Applicant

Violation of Written Commitment

—

Denied

(e) personal conduct or concealment creating vulnerability to exploitation

—

1.h

Applicant's behavior raises questions about his reliability and trustworthiness.

Against Applicant

Questionable Judgment General

—

Denied

(c) credible adverse information across areas supporting a whole-person concern

—

1.i

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

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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 MATTERS

FINDINGS OF FACT

POLICIES

ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES