ISCR Case 02-00578.h1

Case Headnote

ISCR Case No. 02-00578.h1

deniedJan 21, 2004· Hon. Roger C. Wesley· hearing

Summary

A 44-year-old engineer specialist for a defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant's history included an October 1998 arrest for soliciting a prostitute, to which he pleaded guilty to a lesser charge, received a fine, and was placed on one year of probation. He also engaged in multiple extramarital affairs, including with two foreign nationals, and hired prostitutes approximately five times prior to his marriage.

Further issues arose from the applicant's conduct during the investigation. In an August 2001 DSS statement, he provided false information, denying sexual conduct with foreign nationals, frequenting a prostitution parlor, and identifying himself as a regular customer to an undercover officer. He also failed to report his extramarital affairs with foreign nationals to his employer and did not disclose his arrests or the details of his affairs and experiences with prostitutes to his wife, family, or employer.

The judge determined that the applicant's pattern of prostitution solicitation, extramarital affairs with foreign nationals, and repeated false statements to investigators raised significant concerns about his judgment, reliability, and trustworthiness. Ultimately, the applicant was found not to possess the requisite good judgment for clearance eligibility, and his security clearance was denied.

Why the Applicant Was Denied

The applicant engaged in prostitution solicitation and multiple extramarital affairs with foreign nationals.
He provided false information to a DSS investigator regarding his sexual conduct and arrest.
The applicant failed to disclose his conduct to his spouse and employer, raising security concerns.

Conditions Referenced

Disqualifying

DC 1appliedAllegations or Admission of Criminal Conduct.
DC 2appliedA Single Serious Crime or Multiple Lesser Offenses.
DC 3appliedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator.
DC 5appliedA Pattern of Dishonesty or Rule Violations.

Key Rule Quoted

“A decision to grant or continue an Applicant's request for security clearance may be made only upon a threshold finding that to do so is clearly consistent with the national interest.”

Procedural Posture

SOR issuedJan 8, 2003
Answer filedJan 27, 2003
Hearing heldOct 29, 2003
Decision dateJan 21, 2004

Cite For

Disqualifying Conditions Under Guidelines D, E, and J
Issues of Personal Conduct and Dishonesty
Impact of Extramarital Affairs on Security Clearance Eligibility

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶13)	Mitigating applied (¶14)	Mitigation
2.a	hired prostitutes at the same prostitution parlor prior to his arrest	Against Applicant	Prostitution or Solicitation	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress	—	—
2.b	solicited a prostitute as alleged under Guideline E	Against Applicant	Prostitution or Solicitation	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress	—	—
2.c	engaged two foreign nationals for paid extramarital affairs	Against Applicant	Extramarital Relationship with Coercion Risk	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress	—	—
2.d	hired prostitutes approximately five times prior to his marriage	Against Applicant	Prostitution or Solicitation	Admitted	(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted (c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress	—	—
2.e	specific text not stated in this decision	Unknown	Unspecified Sexual Behavior	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶13)

Mitigating applied (¶14)

Mitigation

2.a

hired prostitutes at the same prostitution parlor prior to his arrest

Against Applicant

Prostitution or Solicitation

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress

—

2.b

solicited a prostitute as alleged under Guideline E

Against Applicant

Prostitution or Solicitation

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress

—

2.c

engaged two foreign nationals for paid extramarital affairs

Against Applicant

Extramarital Relationship with Coercion Risk

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress

—

2.d

hired prostitutes approximately five times prior to his marriage

Against Applicant

Prostitution or Solicitation

Admitted

(a) sexual behavior of a criminal nature, whether or not the individual has been prosecuted

(c) sexual behavior that causes an individual to be vulnerable to coercion, exploitation, or duress

—

2.e

specific text not stated in this decision

Unknown

Unspecified Sexual Behavior

Unknown

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant was arrested for solicitation of a prostitute in October 1998, to which he pleaded guilty to a lesser charge, was fined and placed on one year of probation.	Against Applicant	Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b	Applicant provided false information in a DSS statement of August 2001 by falsely denying ever engaging in sexual conduct with two different foreign nationals, ever frequenting a local prostitution parlor preceding his October 1998 arrest and identifying himself as a regular customer to an undercover police officer.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.c	Applicant hired and used prostitutes in extramarital affairs.	Against Applicant	Questionable Judgment GeneralFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.d	Applicant failed to report his extramarital affairs with foreign nationals to his employer.	Against Applicant	Failure to Report Required InformationFOUND DELIBERATE	Foreign Contacts or Interests	Admitted	(a) deliberate omission, concealment, or falsification on a security form	—	—
1.e	Applicant did not disclose his arrests or any of the details of his extramarital affairs and sexual experiences with known prostitutes to either his wife and family or his employer.	Against Applicant	Concealment Creating Coercion VulnerabilityFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant was arrested for solicitation of a prostitute in October 1998, to which he pleaded guilty to a lesser charge, was fined and placed on one year of probation.

Against Applicant

Pattern of Dishonesty or Rule ViolationsFOUND DELIBERATE

Criminal Conduct

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.b

Applicant provided false information in a DSS statement of August 2001 by falsely denying ever engaging in sexual conduct with two different foreign nationals, ever frequenting a local prostitution parlor preceding his October 1998 arrest and identifying himself as a regular customer to an undercover police officer.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

1.c

Applicant hired and used prostitutes in extramarital affairs.

Against Applicant

Questionable Judgment GeneralFOUND DELIBERATE

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.d

Applicant failed to report his extramarital affairs with foreign nationals to his employer.

Against Applicant

Failure to Report Required InformationFOUND DELIBERATE

Foreign Contacts or Interests

Admitted

(a) deliberate omission, concealment, or falsification on a security form

—

1.e

Applicant did not disclose his arrests or any of the details of his extramarital affairs and sexual experiences with known prostitutes to either his wife and family or his employer.

Against Applicant

Concealment Creating Coercion VulnerabilityFOUND DELIBERATE

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	The applicant was arrested for solicitation of a prostitute in October 1998, to which he pleaded guilty to a lesser charge, was fined and placed on one year of probation.	Against Applicant	Fraud or Deception Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
3.b	The applicant provided false information in a DSS statement of August 2001 by falsely denying ever engaging in sexual conduct with two different foreign nationals, ever frequenting a local prostitution parlor preceding his October 1998 arrest and identifying himself as a regular customer to an undercover police officer.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Admitted	(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

3.a

The applicant was arrested for solicitation of a prostitute in October 1998, to which he pleaded guilty to a lesser charge, was fined and placed on one year of probation.

Against Applicant

Fraud or Deception Criminal

Convicted

Admitted

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

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

—

3.b

The applicant provided false information in a DSS statement of August 2001 by falsely denying ever engaging in sexual conduct with two different foreign nationals, ever frequenting a local prostitution parlor preceding his October 1998 arrest and identifying himself as a regular customer to an undercover police officer.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

(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