Summary
The applicant, a 56-year-old defense contractor and Command Sergeant Major in the U.S. Army Reserve, faced security concerns under Guideline E (personal conduct) and Guideline J (criminal conduct) due to his involvement in organized criminal activity. Although he was granted immunity and the charges were dismissed, he provided false information during security interviews, leading to the denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant intentionally provided false information about the circumstances of the offense when questioned by a special agent of the Defense Security Service on June 27, 2001 (2.a). Applicant compounded his personal conduct concerns by failing to disclose the true circumstances surrounding the events that caused him to be indicted when he was questioned by a special agent of the Defense Security Service (2.b). Applicant knowingly and intentionally submitted false reports/vouchers to a state agency in furtherance of his employer's scheme to defraud the state (2.c). Applicant provided false information to special agents on several occasions and did nothing to correct that false information until he was directly confronted by a special agent with his apparent falsehoods (2.d). Applicant was charged with two counts of Engaging in Organized Criminal Activity, a first degree felony, in February 1999. He was thereafter granted immunity from prosecution in exchange for agreeing to testify against his co-defendants, and the charges were dismissed on January 29, 2001 (1.a).
The judge denied the clearance. The government raised disqualifying conditions DC1, DC2, DC3, DC4, DC5. The decision turned on the following: Applicant engaged in organized criminal activity, resulting in felony charges; Applicant provided false information to investigators regarding his criminal conduct; The applicant failed to demonstrate successful rehabilitation or mitigate security concerns.
Why the Applicant Was Denied
- Applicant engaged in organized criminal activity, resulting in felony charges.
- Applicant provided false information to investigators regarding his criminal conduct.
- The applicant failed to demonstrate successful rehabilitation or mitigate security concerns.
Conditions Referenced
- DC1raisedAllegations or Admissions of Criminal Conduct
- DC2raisedA Single Serious Crime or Multiple Lesser Offenses
- DC3raisedDeliberately Providing False or Misleading Information
- DC4raisedPersonal Conduct or Concealment of Information That Increases Vulnerability to Coercion
- DC5raisedA Pattern of Dishonesty or Rule Violations
Key Rule Quoted
“No one has a right to a security clearance and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedApr 21, 2003
- Answer filedJun 12, 2003Requested decision based on written record without a hearing.
- Hearing held—No hearing; decision based on written record.
- Decision dateFeb 11, 2004
Cite For
- Security Concerns Related to Personal Conduct Under Guideline E
- Security Concerns Related to Criminal Conduct Under Guideline J
- Impact of Providing False Information During Security Clearance Investigations