Summary
A 41-year-old director of broadband services was denied a security clearance under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The denial stemmed from a felony conviction for theft, significant financial delinquencies, and a history of criminal conduct.
The applicant was arrested in June 2009 for two counts of felony theft and one count of receiving stolen property. This followed his termination in January 2009 for stealing computer network switch cards from his employer, which he admitted he intended to sell due to financial pressures and credit card debt. He owed $19,561 in past-due debt, was $2,561 behind on other consumer credit accounts as of October 2011, and was $17,000 behind on mortgage payments. Additionally, as of June 2011, he still owed $25,026.75 of $38,697.75 in court-ordered restitution.
His criminal history included a 1995 arrest leading to two years of probation for multiple felony charges, including forgery and theft. He was also arrested in April 1992 for simple assault, criminal conspiracy, and recklessly endangering another person, and around June 1991 for theft and receiving stolen property. The judge found that the applicant's criminal behavior and ongoing financial issues raised serious concerns about his reliability and trustworthiness, which were not mitigated by his claims of financial pressure or attempts to resolve debts.
Why the Applicant Was Denied
- The applicant was on probation for felony theft from his employer, indicating ongoing criminal conduct.
- He owed substantial restitution and was behind on mortgage payments, demonstrating financial irresponsibility.
- The applicant's history of criminal behavior, including multiple felony charges, raised doubts about his judgment and trustworthiness.
Conditions Referenced
- AG ¶ 31(a)raisedCriminal Conduct
- AG ¶ 31(c)raisedCriminal Conduct
- AG ¶ 31(d)raisedCriminal Conduct
- AG ¶ 30appliedCriminal Conduct
- AG ¶ 32(a)rejectedMitigating ConditionsThe applicant's criminal behavior was recent and ongoing.
- AG ¶ 32(b)rejectedMitigating ConditionsThe applicant was not coerced into committing the theft.
- AG ¶ 32(c)rejectedMitigating ConditionsThe applicant admitted to the criminal conduct.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedOct 26, 2011
- Answer filedDec 3, 2011
- Hearing held—Decision made without a hearing.
- Decision dateApr 17, 2012
Cite For
- Denial of Security Clearance Due to Felony Theft Conviction Under Guideline J
- Financial Irresponsibility as a Disqualifying Factor Under Guideline F
- Ongoing Criminal Conduct Impacting Trustworthiness Under Guideline E