Summary
A 47-year-old high school graduate and former purchasing manager for a defense contractor was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The denial stemmed from a history of embezzlement totaling over $104,000 from her employer.
The applicant engaged in a scheme over eight years, submitting false invoices at least 44 times to pay personal bills, resulting in a court order to repay $104,926. While she completed her prison sentence and paid restitution, the judge found insufficient evidence of rehabilitation or remorse.
The denial was based on the applicant's significant criminal conduct and the lack of demonstrated rehabilitation. Her actions raised doubts about her judgment, trustworthiness, and indicated a likelihood of recurring irresponsible behavior, ultimately undermining her suitability for access to classified information.
Why the Applicant Was Denied
- The applicant engaged in a scheme to embezzle over $104,000 from her employer, raising significant concerns about her judgment and trustworthiness.
- The applicant did not provide evidence of rehabilitation or remorse for her criminal conduct, which occurred over an extended period.
- The applicant's actions indicated a likelihood of recurrence of irresponsible behavior, undermining her suitability for access to classified information.
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 ¶ 19(a)raisedFinancial Considerations - Inability or Unwillingness to Satisfy Debts
- AG ¶ 19(d)raisedFinancial Considerations - Deceptive or Illegal Financial Practices
- AG ¶ 32(a)rejectedCriminal Conduct - so Much Time Has Elapsed Since the Criminal BehaviorThe criminal conduct occurred over an extended period and was not under unusual circumstances.
- AG ¶ 32(d)rejectedCriminal Conduct - Evidence of Successful RehabilitationThe applicant did not demonstrate evidence of rehabilitation or understanding of her conduct.
- AG ¶ 20(a)rejectedFinancial Considerations - Behavior Happened so Long Ago or Under Unusual CircumstancesThe financial misconduct was recent and frequent, undermining the applicability of this condition.
- AG ¶ 20(d)appliedFinancial Considerations - Good-faith Effort to Repay CreditorsThe applicant paid restitution in full, mitigating concerns about unsatisfied debts.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedFeb 16, 2013
- Answer filedMar 11, 2013Applicant admitted all allegations.
- Hearing held—Decided on the written record.
- Decision dateNov 8, 2013
Cite For
- Denial of Security Clearance Due to Embezzlement and Lack of Rehabilitation
- Impact of Criminal Conduct on Security Clearance Eligibility
- Consideration of Financial Irresponsibility in Security Clearance Decisions