ISCR Case 01-05909.h1

Case Headnote

ISCR Case No. 01-05909.h1

deniedJan 31, 2002· Hon. William R. Kearney· hearing

Summary

A 56-year-old divorced male applicant was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal conduct, specifically repeated violations of court orders related to harassment of his ex-wife.

The applicant's record included charges from 1974 for Simple Battery and Terroristic Threats concerning his first wife. In 1996, he faced charges for Family-violence Battery and two counts of Battery, leading to a temporary protective order prohibiting contact with his wife. Subsequent arrests in 1997 included felony charges for Aggravated Stalking and Aggravated Assault for meeting his wife with a handgun, violating the protective order. Further violations of bond conditions involved numerous phone calls and riding his motorcycle around his ex-wife's house. In 2001, he was arrested and pleaded guilty to five counts of misdemeanor Stalking, receiving consecutive 12-month confinement sentences for each.

At the time of the hearing, the applicant was on supervised probation for multiple stalking convictions. The judge concluded that his actions demonstrated a lack of judgment and reliability, citing his repeated violations of court orders and inconsistent explanations for his conduct.

Why the Applicant Was Denied

The applicant was on supervised probation for multiple stalking convictions at the time of the hearing.
The applicant repeatedly violated court orders prohibiting contact with his ex-wife.
The applicant's explanations for his conduct were deemed inconsistent and untruthful.

Conditions Referenced

Disqualifying

J.1.araisedAllegations or Admissions of Criminal Conduct
J.1.braisedA Single Serious Crime or Multiple Lesser Offenses
J.1.craisedConviction in a Federal or State Court, Including a Court-martial, of a Crime and Sentenced to Imprisonment for a Term Exceeding One Year
E.2.araisedConduct Involving Questionable Judgment, Untrustworthiness, Unreliability, Lack of Candor, Dishonesty, or Unwillingness to Comply with Rules and Regulations
E.2.eraisedA Pattern of Dishonesty or Rule Violations

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
— Department of the Navy v. Egan, 484 U.S. 518, 531 (1988)

Procedural Posture

SOR issuedMar 2, 2001
Answer filedMar 22, 2001
Hearing heldOct 22, 2001
Decision dateJan 31, 2002

Cite For

Denial of Clearance Due to Ongoing Criminal Conduct and Probation Status
Impact of Repeated Violations of Court Orders on Security Clearance Eligibility
Lack of Mitigating Conditions in Cases Involving Serious Criminal History

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	The Applicant's unwillingness to comply with the Court's orders and rules stemming from the Applicant's many violations of Court imposed sanctions and conditions based on his criminal conduct regarding his wife, and his violation of the court's order to stay away from her.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Applicant's unwillingness to comply with the Court's orders and rules stemming from the Applicant's many violations of Court imposed sanctions and conditions based on his criminal conduct regarding his wife, and his violation of the court's order to stay away from her.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Denied

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Applicant was charged on June 2, 1974, with Simple Battery and committing Terroristic Threats and Acts concerning his first wife.	Against Applicant	Assault or Battery	Charged Not Convicted	Admitted	—	—	—
1.b	On November 13, 1996, he was charged with Family-violence Battery, and two counts of Battery, and that he was released from jail, subject to a temporary protective order which included special terms imposed by the court, which prohibited the Applicant from having any further contact with his wife.	Against Applicant	Domestic Violence	Acquitted or Found Not Guilty	Admitted	—	—	—
1.c	The Applicant was arrested on January 15, 1997, and charged with Aggravated Stalking, a felony, and Aggravated Assault, a felony, as Applicant had met with his wife and exhibited a hand gun, all in violation of the existing protective order.	Against Applicant	Domestic Violence	Charged Not Convicted	Unknown	—	—	—
1.d	On or about February 14, 1997, in violation of his bond, the made numerous telephone calls to his ex-wife.	Against Applicant	Probation or Court Order Violation	Conduct No Charge	Unknown	—	—	—
1.e	The Applicant, in violations of the conditions of his bond, rode his motorcycle around his ex-wife's house while waiving at her. He was subsequently arrested and charged with Aggravated Stalking, a felony.	For Applicant	Domestic Violence	Convicted	Unknown	(c) currently on parole or probation	—	—
1.f	On January 25, 2001, he was arrested and charged with five counts of misdemeanor Stalking in violation the State Law. On the same date, he plead guilty to all five counts of stalking and was sentenced to confinement for a period of 12 months for each count to be served consecutively.	For Applicant	Domestic Violence	Convicted	Admitted	(c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Applicant was charged on June 2, 1974, with Simple Battery and committing Terroristic Threats and Acts concerning his first wife.

Against Applicant

Assault or Battery

Charged Not Convicted

Admitted

—

1.b

On November 13, 1996, he was charged with Family-violence Battery, and two counts of Battery, and that he was released from jail, subject to a temporary protective order which included special terms imposed by the court, which prohibited the Applicant from having any further contact with his wife.

Against Applicant

Domestic Violence

Acquitted or Found Not Guilty

Admitted

—

1.c

The Applicant was arrested on January 15, 1997, and charged with Aggravated Stalking, a felony, and Aggravated Assault, a felony, as Applicant had met with his wife and exhibited a hand gun, all in violation of the existing protective order.

Against Applicant

Domestic Violence

Charged Not Convicted

Unknown

—

1.d

On or about February 14, 1997, in violation of his bond, the made numerous telephone calls to his ex-wife.

Against Applicant

Probation or Court Order Violation

Conduct No Charge

Unknown

—

1.e

The Applicant, in violations of the conditions of his bond, rode his motorcycle around his ex-wife's house while waiving at her. He was subsequently arrested and charged with Aggravated Stalking, a felony.

For Applicant

Domestic Violence

Convicted

Unknown

(c) currently on parole or probation

—

1.f

On January 25, 2001, he was arrested and charged with five counts of misdemeanor Stalking in violation the State Law. On the same date, he plead guilty to all five counts of stalking and was sentenced to confinement for a period of 12 months for each count to be served consecutively.

For Applicant

Domestic Violence

Convicted

Admitted

(c) currently on parole or probation

—

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Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision