Summary
A 52-year-old field electronic engineer, with a background in military service and a previous security clearance, was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). These concerns stemmed from his installation of surveillance cameras in a home, which resulted in a conviction for unauthorized video surveillance and subsequent lawsuits for invasion of privacy from two au pairs.
The Statement of Reasons specifically cited the applicant's conviction for improper use of surveillance cameras and the related invasion of privacy lawsuits. Disqualifying conditions under both guidelines were raised, including those related to deliberate misrepresentation or omission, and a pattern of criminal conduct.
However, the judge determined that the applicant had successfully mitigated these concerns. Evidence presented included his long history of responsible behavior and prior security clearance. Witnesses provided testimony affirming his reliability and trustworthiness in his professional role. Furthermore, the judge found that the criminal conduct was mitigated by the unusual circumstances surrounding the surveillance incident and the time that had elapsed since its occurrence. The applicant also demonstrated efforts to comply with legal standards following the incident.
Why the Applicant Prevailed
- The applicant demonstrated a long history of responsible behavior and prior security clearance.
- Witnesses testified to the applicant's reliability and trustworthiness in his professional capacity.
- The applicant's criminal conduct was mitigated by the unusual circumstances surrounding the surveillance and the time elapsed since the incident.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct - A Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedCriminal Conduct - Allegation or Admission of Criminal Conduct
- AG ¶ 31(d)raisedCriminal Conduct - Individual Is Currently on Parole or Probation
- AG ¶ 16(c)raisedPersonal Conduct - Credible Adverse Information in Several Adjudicative Issue Areas
- AG ¶ 16(d)raisedPersonal Conduct - Credible Adverse Information Not Explicitly Covered Under Any Other Guideline
- AG ¶ 32(a)appliedCriminal Conduct - so Much Time Has Elapsed Since the Criminal Behavior Happened
- AG ¶ 19(c)appliedPersonal Conduct - the Offense Is so Minor, or so Much Time Has Passed
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 10, 2011
- Answer filedMar 8, 2011
- Hearing heldJun 22, 2011
- Decision dateSep 29, 2011
Cite For
- Mitigation of Criminal Conduct Under Unusual Circumstances
- Consideration of Witness Testimony in Security Clearance Decisions
- Application of Whole-person Assessment in Adjudication