ISCR Case 01-23482.h1

Case Headnote

ISCR Case No. 01-23482.h1

deniedMay 29, 2003· Hon. Joseph Testan· hearing

Summary

A 36-year-old senior engineer was denied a security clearance due to a long history of drug abuse, criminal conduct, and intentional falsification of material facts to the government. The denial was based on Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct).

The applicant's drug involvement included using marijuana from 1978 to 1999, cocaine from 1982 to 1997, LSD from 1982 to 1997, and hashish until 1992. He also experimented with various other drugs between 1980 and 1993. Beyond personal use, the applicant sold marijuana, hashish, cocaine, and LSD on numerous occasions between 1978 and 1996, and smuggled marijuana and hashish into the U.S. in 1992.

His criminal record included convictions for Prowling in 1984, Possession of Cocaine in 1988, and Possession of Marijuana in 1993. He was also charged with Battery-Spouse in 1993, and in 1998, pleaded nolo contendere to Leaving the Scene of an Accident with Property Damage, resulting in fines and restitution. A key factor in the denial was the applicant's intentional provision of false information to a DSS agent in 1999 regarding his drug smuggling activities. Despite claiming to be drug-free since 1999, the judge found no credible evidence of reform, leading to the denial of clearance.

Why the Applicant Was Denied

Applicant has a 20-plus year history of criminal activity.
Applicant intentionally provided false information to the government regarding his drug involvement.
Applicant failed to provide credible evidence of reform or reliability.

Conditions Referenced

Disqualifying

E2.A8.1.2.1raisedAny Drug Abuse.
E2.A8.1.2.2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution.
E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator, Security Official, Competent Medical Authority, or Other Official Representative in Connection with a Personnel Security or Trustworthiness Determination.
E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct.
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses.

Key Rule Quoted

“When such an individual intentionally falsifies material facts about his background, it is extremely difficult to conclude that he or she nevertheless possesses the judgment, reliability and trustworthiness required of clearance holders.”

Procedural Posture

SOR issuedAug 15, 2002
Answer filedSep 21, 2002Applicant elected to have case determined on written record.
Hearing held—No hearing; case determined on written record.
Decision dateMay 29, 2003

Cite For

Long History of Drug Abuse and Criminal Activity as Disqualifying Factors
Intentional Falsification of Information as a Significant Concern
Lack of Credible Evidence of Reform Impacting Security Clearance Decisions.

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	Deliberately providing false or misleading information concerning relevant and material matters to an investigator, security official, competent medical authority, or other official representative in connection with a personnel security or trustworthiness determination.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(b) deliberately providing false information to an investigator or official	—	—
2.b–2.c	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Deliberately providing false or misleading information concerning relevant and material matters to an investigator, security official, competent medical authority, or other official representative in connection with a personnel security or trustworthiness determination.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

(b) deliberately providing false information to an investigator or official

—

2.b–2.c

2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)

Against Applicant

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	Used marijuana with varying frequency, at times several times a day, from approximately 1978 to December 1999.	Against Applicant	Marijuana	Regular	Unknown	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.b	Sold marijuana on numerous occasions between 1978 and 1996.	Against Applicant	Drug Distribution or Dealing	Not Applicable	Unknown	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.c	Used cocaine with varying frequency, at times four to five times a week, from approximately 1982 to 1997.	Against Applicant	Cocaine	Frequent	Unknown	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.d	Used LSD with varying frequency, at times once or twice a month, from 1982 to 1997.	Against Applicant	LSD	Frequent	Unknown	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.e	Used hashish approximately three to four times a year from the time he was in junior high school until approximately 1992.	Against Applicant	Marijuana	Occasional	Unknown	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.f	Experimented with various drugs including quaaludes, placidyl pills, crystal methamphetamine, speed, psilocybin mushrooms, and opium mixed with hashish between 1980 and 1993.	Against Applicant	Unspecified Drug Involvement	Experimental	Unknown	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.g	Smuggled marijuana and hashish into the United States from Holland in 1992.	Against Applicant	Drug Distribution or Dealing	Not Applicable	Unknown	(a) any substance misuse (b) testing positive for an illegal drug	—	—
1.h	Lied about drug use in a sworn statement to a DSS agent on May 24, 1999.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Unknown	(a) any substance misuse (b) testing positive for an illegal drug	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

Used marijuana with varying frequency, at times several times a day, from approximately 1978 to December 1999.

Against Applicant

Marijuana

Regular

Unknown

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.b

Sold marijuana on numerous occasions between 1978 and 1996.

Against Applicant

Drug Distribution or Dealing

Not Applicable

Unknown

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.c

Used cocaine with varying frequency, at times four to five times a week, from approximately 1982 to 1997.

Against Applicant

Cocaine

Frequent

Unknown

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.d

Used LSD with varying frequency, at times once or twice a month, from 1982 to 1997.

Against Applicant

LSD

Frequent

Unknown

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.e

Used hashish approximately three to four times a year from the time he was in junior high school until approximately 1992.

Against Applicant

Marijuana

Occasional

Unknown

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.f

Experimented with various drugs including quaaludes, placidyl pills, crystal methamphetamine, speed, psilocybin mushrooms, and opium mixed with hashish between 1980 and 1993.

Against Applicant

Unspecified Drug Involvement

Experimental

Unknown

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.g

Smuggled marijuana and hashish into the United States from Holland in 1992.

Against Applicant

Drug Distribution or Dealing

Not Applicable

Unknown

(a) any substance misuse

(b) testing positive for an illegal drug

—

1.h

Lied about drug use in a sworn statement to a DSS agent on May 24, 1999.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Unknown

(a) any substance misuse

(b) testing positive for an illegal drug

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant used marijuana with varying frequency, at times several times a day, from approximately 1978 to December 1999. During this time he purchased marijuana, on occasion as much as a pound of it at a cost of over $1,000.00. Between 1978 and 1996, he sold marijuana on numerous occasions. Between 1992 and 1994, his sales of marijuana netted him a substantial profit.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	Applicant used hashish approximately three to four times a year from the time he was in junior high school until approximately 1992. He sold hashish to three or four people in 1992.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant used powered cocaine with varying frequency, at times four to five times a week, from approximately 1982 to 1997. He smoked crack cocaine approximately once a month from 1988 to 1995. During a two month period in 1988, he sold cocaine to three or four customers several times a week.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	Applicant used LSD with varying frequency, at times once or twice a month, from 1982 to 1997. During a two month period in 1986 he sold LSD.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	In 1984, applicant was charged with Prowling. He was convicted of the charge, sentenced to thirty days in jail (suspended), fined $100.00, and placed on probation for three months.	Against Applicant	Multiple Arrests Pattern	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	In 1988, applicant was charged with, and convicted of, Possession of Cocaine. He was sentenced to one day of probation.	Against Applicant	Drug Related Criminal Charge	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	In 1993, applicant was arrested for Battery-Spouse. No charges were filed. Applicant and his ex-wife were involved in numerous physical altercations between 1990 and 1995.	Against Applicant	Assault or Battery	Arrested Not Charged	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.h	In 1993, applicant was convicted of Possession of Marijuana. He was sentenced to one month in jail (suspended).	Against Applicant	Drug Related Criminal Charge	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.i	In 1998, applicant was charged with Leaving the Scene of an Accident with Property Damage. He pleaded nolo contendere to the charge, was fined $50.00, and ordered to pay restitution to the two complainants in the amounts of $819.25 and $2,151.00.	Against Applicant	Traffic Offense Pattern	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.j	In a signed, sworn statement that he gave to a DSS agent on May 24, 1999, applicant intentionally provided false, material information about his drug smuggling activities during his return trip from Holland in 1992 when he stated: "I did not bring any drugs back to the U.S. being scared of U.S. Customs inspectors and their dogs."	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant used marijuana with varying frequency, at times several times a day, from approximately 1978 to December 1999. During this time he purchased marijuana, on occasion as much as a pound of it at a cost of over $1,000.00. Between 1978 and 1996, he sold marijuana on numerous occasions. Between 1992 and 1994, his sales of marijuana netted him a substantial profit.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.b

Applicant used hashish approximately three to four times a year from the time he was in junior high school until approximately 1992. He sold hashish to three or four people in 1992.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.c

Applicant used powered cocaine with varying frequency, at times four to five times a week, from approximately 1982 to 1997. He smoked crack cocaine approximately once a month from 1988 to 1995. During a two month period in 1988, he sold cocaine to three or four customers several times a week.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.d

Applicant used LSD with varying frequency, at times once or twice a month, from 1982 to 1997. During a two month period in 1986 he sold LSD.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.e

In 1984, applicant was charged with Prowling. He was convicted of the charge, sentenced to thirty days in jail (suspended), fined $100.00, and placed on probation for three months.

Against Applicant

Multiple Arrests Pattern

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.f

In 1988, applicant was charged with, and convicted of, Possession of Cocaine. He was sentenced to one day of probation.

Against Applicant

Drug Related Criminal Charge

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.g

In 1993, applicant was arrested for Battery-Spouse. No charges were filed. Applicant and his ex-wife were involved in numerous physical altercations between 1990 and 1995.

Against Applicant

Assault or Battery

Arrested Not Charged

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.h

In 1993, applicant was convicted of Possession of Marijuana. He was sentenced to one month in jail (suspended).

Against Applicant

Drug Related Criminal Charge

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.i

In 1998, applicant was charged with Leaving the Scene of an Accident with Property Damage. He pleaded nolo contendere to the charge, was fined $50.00, and ordered to pay restitution to the two complainants in the amounts of $819.25 and $2,151.00.

Against Applicant

Traffic Offense Pattern

Convicted

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

1.j

In a signed, sworn statement that he gave to a DSS agent on May 24, 1999, applicant intentionally provided false, material information about his drug smuggling activities during his return trip from Holland in 1992 when he stated: "I did not bring any drugs back to the U.S. being scared of U.S. Customs inspectors and their dogs."

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(b) evidence of criminal conduct, regardless of charge or conviction

—

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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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES