ISCR Case 10-10296.h1

Case Headnote

ISCR Case No. 10-10296.h1

deniedAug 13, 2012· Hon. Wilford H. Ross· hearing

Summary

A 55-year-old defense contractor was denied a security clearance due to significant financial issues, personal conduct involving falsification, and criminal conduct related to drug and alcohol offenses. The denial was based on Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct).

The applicant had approximately $78,000 in unresolved medical and personal loan debts across multiple creditors, including two hospitals. His criminal history included a September 2007 arrest for DUI and related charges, to which he pled guilty, completing court requirements by September 2008. He was also arrested in October 2008 for possession of a controlled substance and paraphernalia, pleading guilty in April 2009 and completing a diversion program by January 2011 after a bench warrant was issued and recalled.

Crucially, the applicant falsified his May 2010 e-QIP by failing to disclose his October 2008 drug arrest and by falsely stating he had not received drug-related counseling or treatment, despite being ordered to a diversion program. The judge found that the applicant's unresolved financial difficulties, admissions of falsifying his e-QIP, and criminal history raised serious concerns about his reliability and trustworthiness, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant has approximately $78,000 in unresolved debts, indicating financial irresponsibility.
The applicant knowingly falsified his e-QIP by omitting a drug-related arrest and misrepresenting his drug treatment history.
The applicant's criminal conduct, including DUI and drug possession, raises questions about his judgment and reliability.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

AG ¶ 20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's ControlThe applicant's debts primarily arose from medical expenses during unemployment.
AG ¶ 17(e)appliedPositive Steps to Reduce Vulnerability to ExploitationThe applicant is no longer involved with individuals who contributed to his criminal conduct.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedFeb 8, 2012
Answer filedMar 3, 2012
Hearing heldJun 8, 2012
Decision dateAug 13, 2012

Cite For

Financial Irresponsibility Due to Unresolved Debts
Falsification of Security Clearance Application
Criminal Conduct Impacting Security Clearance Eligibility

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
2.a	Applicant was arrested on September 28, 2007, for various charges including 1) Driving Under the Influence (DUI), 2) Improper passing on the left, 3) Fail to maintain travel lane, 4) Possession of Firearm under the Influence, and 5) Possession of Drug Paraphernalia. He pled guilty to count 1 and the other charges were dismissed. He received a fine, was required to attend DUI school and a Victim Impact Panel, and was given credit for time served. He completed the court’s requirements on or before September 30, 2008.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
2.b	Applicant was arrested on October 31, 2008, and charged with 1) Possession of a Controlled Substance, and 2) Possession of Controlled Substance Paraphernalia. Applicant pled guilty to both charges in approximately April 2009 and was put on a diversion program. He eventually completed the diversion program, after a bench warrant was issued and then recalled, and the charges were dismissed on January 5, 2011.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
2.c	Applicant’s e-QIP is dated May 28, 2010. The e-QIP at Section 22.e. asks Applicant, 'Have you EVER been charged with any offense(s) related to alcohol or drugs.' He answered, 'Yes,' and listed the September 2007 arrest. This was a false answer to a relevant question about his criminal history, since Applicant did not set out his October 2008 arrest for Possession of a Controlled Substance.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—
2.d	The same e-QIP at Section 22.d. asks Applicant, 'In the last 7 years, have you received counseling or treatment or have you been ordered, advised, or asked to seek counseling or treatment as a result of your use of drugs? If you answered “Yes,” provide date(s) of treatment and name(s) and address(es) of provider(s).' He answered, 'No.' This was a false answer to a relevant question about Applicant’s drug history, since he had been ordered to complete a drug diversion program in 2009 and, at the time the questionnaire was completed, he had not finished the program.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant was arrested on September 28, 2007, for various charges including 1) Driving Under the Influence (DUI), 2) Improper passing on the left, 3) Fail to maintain travel lane, 4) Possession of Firearm under the Influence, and 5) Possession of Drug Paraphernalia. He pled guilty to count 1 and the other charges were dismissed. He received a fine, was required to attend DUI school and a Victim Impact Panel, and was given credit for time served. He completed the court’s requirements on or before September 30, 2008.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

Criminal Conduct

Admitted

—

2.b

Applicant was arrested on October 31, 2008, and charged with 1) Possession of a Controlled Substance, and 2) Possession of Controlled Substance Paraphernalia. Applicant pled guilty to both charges in approximately April 2009 and was put on a diversion program. He eventually completed the diversion program, after a bench warrant was issued and then recalled, and the charges were dismissed on January 5, 2011.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

Criminal Conduct

Admitted

—

2.c

Applicant’s e-QIP is dated May 28, 2010. The e-QIP at Section 22.e. asks Applicant, 'Have you EVER been charged with any offense(s) related to alcohol or drugs.' He answered, 'Yes,' and listed the September 2007 arrest. This was a false answer to a relevant question about his criminal history, since Applicant did not set out his October 2008 arrest for Possession of a Controlled Substance.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

2.d

The same e-QIP at Section 22.d. asks Applicant, 'In the last 7 years, have you received counseling or treatment or have you been ordered, advised, or asked to seek counseling or treatment as a result of your use of drugs? If you answered “Yes,” provide date(s) of treatment and name(s) and address(es) of provider(s).' He answered, 'No.' This was a false answer to a relevant question about Applicant’s drug history, since he had been ordered to complete a drug diversion program in 2009 and, at the time the questionnaire was completed, he had not finished the program.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant admits that he is indebted to a hospital for these six debts, which were for medical care. The total amount owed by Applicant for these debts was approximately $58,813. $58,813	Against Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b–1.f	5 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—
1.g	Applicant admits that he is indebted to a second hospital in the amount of $1,467. $1,467	Against Applicant	Medical Debt	Admitted	—	—	—
1.h–1.j	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—
1.k	Applicant admitted that he is indebted to a creditor for medical care in the past-due amount of $397. $397	Against Applicant	Medical Debt	Admitted	—	—	—
1.l	Applicant admitted that he is indebted to a creditor for medical care in the past-due amount of $698. $698	Against Applicant	Medical Debt	Admitted	—	—	—
1.m	Applicant admitted that he is indebted to a credit union for a personal loan that has been charged off in the amount of $5,857. $5,857	Against Applicant	Personal Loan Debt	Admitted	—	—	—
1.n	Applicant admits that he is indebted to a creditor for medical care in the past-due amount of $46. $46	Against Applicant	Medical Debt	Admitted	—	—	—
1.o–1.q	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—
1.r	Applicant admits that he is indebted to a creditor for medical care in the past-due amount of $6,955. $6,955	Against Applicant	Medical Debt	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant admits that he is indebted to a hospital for these six debts, which were for medical care. The total amount owed by Applicant for these debts was approximately $58,813.

$58,813

Against Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.b–1.f

5 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

1.g

Applicant admits that he is indebted to a second hospital in the amount of $1,467.

$1,467

Against Applicant

Medical Debt

Admitted

—

1.h–1.j

3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

1.k

Applicant admitted that he is indebted to a creditor for medical care in the past-due amount of $397.

$397

Against Applicant

Medical Debt

Admitted

—

1.l

Applicant admitted that he is indebted to a creditor for medical care in the past-due amount of $698.

$698

Against Applicant

Medical Debt

Admitted

—

1.m

Applicant admitted that he is indebted to a credit union for a personal loan that has been charged off in the amount of $5,857.

$5,857

Against Applicant

Personal Loan Debt

Admitted

—

1.n

Applicant admits that he is indebted to a creditor for medical care in the past-due amount of $46.

$46

Against Applicant

Medical Debt

Admitted

—

1.o–1.q

3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

1.r

Applicant admits that he is indebted to a creditor for medical care in the past-due amount of $6,955.

$6,955

Against Applicant

Medical Debt

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Government alleges under this paragraph that Applicant’s conduct set forth under subparagraphs 2.a and 2.b, above, also constitutes criminal conduct. Applicant did not admit or deny this paragraph, which is viewed as a denial.	For Applicant	DUI or DWI Criminal	Conduct No Charge	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Government alleges under this paragraph that Applicant’s conduct set forth under subparagraphs 2.a and 2.b, above, also constitutes criminal conduct. Applicant did not admit or deny this paragraph, which is viewed as a denial.

For Applicant

DUI or DWI Criminal

Conduct No Charge

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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES