Summary
A 43-year-old federal contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The denial stemmed from his arrest for sexually assaulting his minor daughter, to which he later pled guilty to misdemeanor charges of contributing to the delinquency of a minor and domestic assault and battery. He is currently on probation for these offenses.
Additionally, the applicant had 12 unresolved delinquent debts totaling over $280,000, including a mortgage in foreclosure. His financial problems, which date back to 1994 and included a bankruptcy discharge in 2000, were exacerbated by a loss of income due to his suspended clearance and a recent separation from his wife. He claimed unwillingness to address debts until a court assigned responsibility in his pending divorce and had not sought financial counseling.
The judge found that the applicant failed to mitigate concerns related to his criminal conduct, sexual behavior, and financial issues. His lack of remorse and continued denial of responsibility for his criminal actions, combined with his financial irresponsibility and failure to address significant debts, indicated poor judgment and undermined his credibility and trustworthiness, leading to the denial of his clearance application.
Why the Applicant Was Denied
- The applicant was arrested for sexually assaulting his minor daughter and later pled guilty to lesser charges, which raised significant security concerns.
- The applicant's lack of remorse and continued denial of responsibility for his criminal conduct undermined his credibility and trustworthiness.
- The applicant's financial irresponsibility and failure to address significant debts further indicated poor judgment.
Conditions Referenced
- AG ¶ 31(a)appliedCriminal Conduct
- AG ¶ 31(c)appliedCriminal Conduct
- AG ¶ 31(d)appliedCriminal Conduct
- AG ¶ 13(a)appliedSexual Behavior
- AG ¶ 13(d)appliedSexual Behavior
- AG ¶ 19(a)appliedFinancial Considerations
- AG ¶ 19(b)appliedFinancial Considerations
- AG ¶ 19(c)appliedFinancial Considerations
Key Rule Quoted
“[N]o one has a ‘right’ to a security clearance.”
Procedural Posture
- SOR issuedJul 23, 2013
- Answer filed—
- Hearing heldNov 13, 2013scheduled after delays due to government shutdown
- Decision dateDec 16, 2013
Cite For
- Denial of Security Clearance Due to Serious Criminal Conduct Involving a Minor
- Failure to Mitigate Financial Irresponsibility and Significant Debts
- Credibility Issues Arising From Continued Denial of Criminal Behavior