ISCR Case 01-04704.h1

Case Headnote

ISCR Case No. 01-04704.h1

deniedJul 31, 2006· Hon. Joan Caton Anthony· hearing

Summary

A 57-year-old federal law enforcement officer was denied a security clearance due to multiple instances of personal and criminal misconduct, as well as improper handling of protected information. The denial was based on Guideline E (Personal Conduct), Guideline J (Criminal Conduct), and Guideline K (Handling Protected Information).

The applicant falsified material facts on security clearance applications in 1992 and 1998, specifically regarding his drug use and employment history. He also made deliberate falsifications in a sworn statement in 1993 and failed to disclose drug involvement during a 1998 interview. His criminal conduct included conducting unauthorized private tours of a national monument, distributing associated mementos without authorization (leading to a criminal investigation and community service), and performing compensated private security services contrary to agency policy.

Furthermore, the applicant demonstrated a pattern of security violations by removing and reading classified information from a burn bag without authorization or need to know on at least two occasions in 1987, and discussing the contents with another officer. He also resigned from a federal law enforcement position in late 1989 following an indefinite suspension and pending possible criminal charges. These actions, including admitted drug use while holding a security clearance, demonstrated a lack of trustworthiness and reliability, leading to the denial of his application.

Why the Applicant Was Denied

Applicant falsified material facts about his drug use and employment history on security clearance applications.
He admitted to using illegal drugs while employed as a federal law enforcement officer and holding a security clearance.
His conduct demonstrated a pattern of dishonesty and security violations.

Conditions Referenced

Disqualifying

E2.A5.1.2.2raisedFalsification of Material Facts
E2.A5.1.2.3raisedDeliberate False Statements in Interviews
E2.A11.1.2.2raisedNoncompliance with Security Regulations
E2.A10.1.2.1raisedHistory of Criminal Activity
E2.A10.1.2.2raisedPattern of Criminal Activity

Mitigating

E2.A5.1.3.1rejectedIsolated IncidentThe falsifications were multiple and recent.
E2.A5.1.3.2rejectedFalsification Was an Isolated IncidentApplicant provided correct information only when questioned.
E2.A11.1.3.2rejectedInfrequency of ConductConduct was deliberate and did not demonstrate a positive attitude towards security responsibilities.

Key Rule Quoted

“"No one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedSep 16, 2005
Answer filedOct 7, 2005Applicant elected to have a hearing.
Hearing heldApr 26, 2006No witnesses called by either party.
Decision dateJul 31, 2006

Cite For

Falsification of Security Clearance Applications Under Guideline E
Pattern of Criminal Activity Under Guideline J
Security Violations Under Guideline K

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
1.a	Falsified material facts in his answers to Questions 22.a. and 22.b. on the DD Form 398 he executed and signed on September 30, 1992.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
1.b	Falsified material facts in his answers to Questions 20, 27, and 28 on the SF-86 he signed and certified on July 1, 1998.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
1.c	Deliberately falsified material facts in a signed sworn statement, he executed and presented to an authorized investigator on April 8, 1993.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
1.d	Deliberately failed to disclose his involvement with illegal drugs during an interview with an authorized investigator of the Defense Department in September 1998.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
1.g	Conducted at least four unauthorized private tours of a national monument while employed as a federal law enforcement officer.	Against Applicant	Rules Violation at WorkplaceFOUND DELIBERATE	—	Denied	—	—	—
1.h	Distributed mementos associated with the national monument, without authorization, which resulted in a criminal investigation and a requirement by his employer that he perform 40 hours of community service.	Against Applicant	Rules Violation at WorkplaceFOUND DELIBERATE	—	Denied	—	—	—
1.i	Performed private security services, for which he was compensated, contrary to the policy of his employing agency.	Against Applicant	Rules Violation at WorkplaceFOUND DELIBERATE	—	Denied	—	—	—
1.j	Removed and read classified information from a burn bag located in the national monument without having authorization and a need to know.	Against Applicant	Rules Violation at WorkplaceFOUND DELIBERATE	—	Denied	—	—	—
1.k	Resigned from his position as a federal law enforcement officer in late 1989, following an indefinite suspension and pending the disposition of possible criminal charges against him.	Against Applicant	Rules Violation at WorkplaceFOUND DELIBERATE	—	Denied	—	—	—
1.l	specific text not stated in this decision	Against Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Falsified material facts in his answers to Questions 22.a. and 22.b. on the DD Form 398 he executed and signed on September 30, 1992.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

1.b

Falsified material facts in his answers to Questions 20, 27, and 28 on the SF-86 he signed and certified on July 1, 1998.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

1.c

Deliberately falsified material facts in a signed sworn statement, he executed and presented to an authorized investigator on April 8, 1993.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Denied

—

1.d

Deliberately failed to disclose his involvement with illegal drugs during an interview with an authorized investigator of the Defense Department in September 1998.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Drug Involvement

Denied

—

1.g

Conducted at least four unauthorized private tours of a national monument while employed as a federal law enforcement officer.

Against Applicant

Rules Violation at WorkplaceFOUND DELIBERATE

—

Denied

—

1.h

Distributed mementos associated with the national monument, without authorization, which resulted in a criminal investigation and a requirement by his employer that he perform 40 hours of community service.

Against Applicant

Rules Violation at WorkplaceFOUND DELIBERATE

—

Denied

—

1.i

Performed private security services, for which he was compensated, contrary to the policy of his employing agency.

Against Applicant

Rules Violation at WorkplaceFOUND DELIBERATE

—

Denied

—

1.j

Removed and read classified information from a burn bag located in the national monument without having authorization and a need to know.

Against Applicant

Rules Violation at WorkplaceFOUND DELIBERATE

—

Denied

—

1.k

Resigned from his position as a federal law enforcement officer in late 1989, following an indefinite suspension and pending the disposition of possible criminal charges against him.

Against Applicant

Rules Violation at WorkplaceFOUND DELIBERATE

—

Denied

—

1.l

specific text not stated in this decision

Against Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant demonstrated a history or pattern of criminal activity by his deliberate and multiple material falsifications about the full extent of his use of illegal drugs, his purchase of illegal drugs, his resignation from a position after he was suspended under unfavorable circumstances, and his use of illegal drugs while employed as a federal law enforcement officer and possessing a security clearance.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant demonstrated a history or pattern of criminal activity by his deliberate and multiple material falsifications about the full extent of his use of illegal drugs, his purchase of illegal drugs, his resignation from a position after he was suspended under unfavorable circumstances, and his use of illegal drugs while employed as a federal law enforcement officer and possessing a security clearance.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶34)	Mitigating applied (¶35)	Mitigation
2.a	On at least two occasions, while employed in 1987 as a federal law enforcement officer, removed and read, without the need to know, classified documents from a burn bag.	Against Applicant	Cross Domain Violation	Admitted	(b) collecting or storing protected information in any unauthorized location	—	—
2.b	After reading the classified documents, discussed their contents with another federal law enforcement officer.	Against Applicant	Unauthorized Disclosure	Admitted	(b) collecting or storing protected information in any unauthorized location	—	—

Allegation

Finding

Type

Response

Disqualifying (¶34)

Mitigating applied (¶35)

Mitigation

2.a

On at least two occasions, while employed in 1987 as a federal law enforcement officer, removed and read, without the need to know, classified documents from a burn bag.

Against Applicant

Cross Domain Violation

Admitted

(b) collecting or storing protected information in any unauthorized location

—

2.b

After reading the classified documents, discussed their contents with another federal law enforcement officer.

Against Applicant

Unauthorized Disclosure

Admitted

(b) collecting or storing protected information in any unauthorized location

—

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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

FORMAL FINDINGS

DECISION

FOOTNOTES