ISCR Case 02-19730.h1

Case Headnote

ISCR Case No. 02-19730.h1

deniedAug 26, 2005· Hon. Carol G. Ricciardello· hearing

Summary

A 27-year-old federal contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from an extensive criminal history and deliberate omissions on his security clearance application.

The applicant's criminal record included charges such as battery and strong-armed robbery in January 1995. Subsequent charges included eluding police in May 1997, leading to a twelve-month probation. Further incidents involved obstructing or opposing an officer without violence in September 1998 and April 1999, with a six-month probation following a May 1999 guilty plea. In July 1999, the applicant was arrested for probation violation and obstructing an officer, and charged with felony possession of cocaine with intent to sell/deliver and trespass after warning. He later pled guilty to the July 1999 charges and was found guilty of trespassing after warning in February 2000.

Crucially, the applicant deliberately omitted his criminal history, drug history, and involvement in illegal drug activity from his SF 86. He also failed to disclose his felony charge for strong-armed robbery, any drug charges or convictions, and his history of drug use. Additionally, he answered "No" to a question about consulting a mental health professional, despite attending court-ordered drug counseling. The judge found that the applicant failed to mitigate these concerns, citing a pattern of dishonesty and lack of rehabilitation.

Why the Applicant Was Denied

Applicant has an extensive criminal history, including drug offenses and strong-armed robbery.
Applicant deliberately omitted significant criminal and drug history from his security clearance application.
The applicant failed to provide evidence of rehabilitation or compliance with legal requirements.

Conditions Referenced

Disqualifying

E2.A10.1.2.1appliedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
E2.A10.1.2.2appliedA Single Serious Crime or Multiple Lesser Charges
E2.A5.1.2appliedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A5.1.2.4appliedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion
E2.A5.1.2.5appliedA Pattern of Dishonesty or Rule Violations
E2.A8.1.2.1appliedAny Drug Abuse
E2.A8.1.2.2appliedIllegal Drug Possession

Key Rule Quoted

“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”

Procedural Posture

SOR issuedMay 7, 2004
Answer filedAug 4, 2004Final response deemed appropriate.
Hearing held—Applicant elected to have the case decided on the written record.
Decision dateAug 26, 2005

Cite For

Failure to Mitigate Extensive Criminal History Under Guideline J
Deliberate Omission of Material Facts Under Guideline E
Drug Involvement Concerns Under Guideline H

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	Applicant deliberately omitted his criminal history, drug history and other requested information on his security clearance application.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.b	Applicant answered "No" to Question 19 on his SF 86 regarding consulting a mental health professional, despite attending court ordered drug counseling.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.c	Applicant did not disclose his felony charge for Strong Armed Robbery on his SF 86.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.d	Applicant failed to disclose any of his drug charges or convictions on his SF 86.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.e	Applicant failed to disclose his history of drug use on his SF 86.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.f	Applicant failed to disclose his involvement in illegal drug activity on his SF 86.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Drug Involvement	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant deliberately omitted his criminal history, drug history and other requested information on his security clearance application.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

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

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

(c) credible adverse information across areas supporting a whole-person concern

—

2.b

Applicant answered "No" to Question 19 on his SF 86 regarding consulting a mental health professional, despite attending court ordered drug counseling.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(c) credible adverse information across areas supporting a whole-person concern

—

2.c

Applicant did not disclose his felony charge for Strong Armed Robbery on his SF 86.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

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

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

(c) credible adverse information across areas supporting a whole-person concern

—

2.d

Applicant failed to disclose any of his drug charges or convictions on his SF 86.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(c) credible adverse information across areas supporting a whole-person concern

—

2.e

Applicant failed to disclose his history of drug use on his SF 86.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(c) credible adverse information across areas supporting a whole-person concern

—

2.f

Applicant failed to disclose his involvement in illegal drug activity on his SF 86.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Drug Involvement

Admitted

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

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

(c) credible adverse information across areas supporting a whole-person concern

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
3.a–3.b	2 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant	Unspecified Drug Involvement	Unspecified		—	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

3.a–3.b

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

Against Applicant

Unspecified Drug Involvement

Unspecified

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was charged with battery on or about January 8, 1995.	Against Applicant	Assault or Battery	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	Applicant was charged with Strong-Armed Robbery on or about January 10, 1995.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	On or about May 22, 1997, Applicant was charged with Eluding Police.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	On or about June 25, 1997, Applicant pled guilty and was placed on probation for twelve months.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	On or about September 1, 1998, Applicant was charged with Obstructing or Opposing an Officer Without Violence.	Against Applicant	Unspecified Criminal Conduct	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	On or about May 10, 1999, Applicant pled guilty and was placed on probation for six months.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	On or about April 7, 1999, Applicant was arrested for Obstructing or Opposing an Officer Without Violence.	Against Applicant	Unspecified Criminal Conduct	Arrested Not Charged	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.h	On or about July 15, 1999, Applicant was arrested for Probation Violation, and Obstructing or Opposing an Officer Without Violence.	Against Applicant	Unspecified Criminal Conduct	Arrested Not Charged	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.i	On or about July 16, 1999, Applicant was charged with (1) Possession of Cocaine With Intent to Sell/Deliver (felony) and (2) Trespass After Warning.	Against Applicant	Drug Related Criminal Charge	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.j	On or about February 21, 2000, Applicant pled guilty to the July 15, 1999 charges and was found guilty of Trespassing After Warning.	Against Applicant	Trespassing or Burglary	Convicted	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

1.a

Applicant was charged with battery on or about January 8, 1995.

Against Applicant

Assault or Battery

Charged Not Convicted

Admitted

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

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

—

1.b

Applicant was charged with Strong-Armed Robbery on or about January 10, 1995.

Against Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Admitted

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

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

—

1.c

On or about May 22, 1997, Applicant was charged with Eluding Police.

Against Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Admitted

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

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

—

1.d

On or about June 25, 1997, Applicant pled guilty and was placed on probation for twelve months.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

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

—

1.e

On or about September 1, 1998, Applicant was charged with Obstructing or Opposing an Officer Without Violence.

Against Applicant

Unspecified Criminal Conduct

Charged Not Convicted

Admitted

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

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

—

1.f

On or about May 10, 1999, Applicant pled guilty and was placed on probation for six months.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

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

—

1.g

On or about April 7, 1999, Applicant was arrested for Obstructing or Opposing an Officer Without Violence.

Against Applicant

Unspecified Criminal Conduct

Arrested Not Charged

Admitted

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

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

—

1.h

On or about July 15, 1999, Applicant was arrested for Probation Violation, and Obstructing or Opposing an Officer Without Violence.

Against Applicant

Unspecified Criminal Conduct

Arrested Not Charged

Admitted

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

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

—

1.i

On or about July 16, 1999, Applicant was charged with (1) Possession of Cocaine With Intent to Sell/Deliver (felony) and (2) Trespass After Warning.

Against Applicant

Drug Related Criminal Charge

Charged Not Convicted

Admitted

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

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

—

1.j

On or about February 21, 2000, Applicant pled guilty to the July 15, 1999 charges and was found guilty of Trespassing After Warning.

Against Applicant

Trespassing or Burglary

Convicted

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

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES