Summary
A 66-year-old defense contractor was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline D (Sexual Behavior), and Guideline E (Personal Conduct). The denial stemmed from significant foreign influence through his wife's Iranian citizenship, family members subject to coercion in another country, and family members with substantial overseas financial interests.
Additionally, the Applicant had a documented history of sexual misconduct involving children, which was deemed criminal in nature, indicative of a personality disorder, and reflective of poor judgment. This included an interest in and history of abusing young children, described as continuing in nature. He also used work computers to access adult websites, which, while not disqualifying alone, demonstrated compulsive behavior given his other actions.
Further concerns arose from the Applicant's personal conduct, specifically his intentional falsification of material aspects of his background during the clearance process. He provided a false statement on a DoD questionnaire on December 12, 1999, regarding his termination from a previous defense contractor. In a sworn statement dated October 6, 2000, he falsely claimed he had not viewed pornography before 1999 and had "never viewed child pornography." The judge found that the Applicant failed to mitigate these security concerns, leading to the denial of his clearance.
Why the Applicant Was Denied
- The Applicant has substantial foreign connections through his wife's Iranian citizenship and financial interests.
- The Applicant has a documented history of sexual misconduct involving children and compulsive behavior.
- The Applicant intentionally falsified information on security clearance forms, undermining trustworthiness.
Conditions Referenced
- E2.A2.1.2.1raisedForeign Influence - Immediate Family Member Is a Citizen of a Foreign Country
- E2.A2.1.2.8raisedForeign Influence - Substantial Financial Interest in a Foreign Country
- E2.A4.1.2.1raisedSexual Behavior - Criminal Nature
- E2.A4.1.2.2raisedSexual Behavior - Compulsive or Addictive
- E2.A4.1.2.3raisedSexual Behavior - Vulnerable to Coercion
- E2.A4.1.2.4raisedSexual Behavior - Lack of Discretion
- E2.A13.1.2.3raisedMisuse of Information Technology - Unauthorized Use
- E2.A5.1.2.2raisedPersonal Conduct - Falsification of Relevant Facts
- E2.A5.1.2.3raisedPersonal Conduct - Providing False Information to an Investigator
- E2.A5.1.2.4raisedPersonal Conduct - Concealment of Information Increasing Vulnerability
Key Rule Quoted
“Each adjudication is to be an overall common sense determination based upon consideration and assessment of all available information, both favorable and unfavorable, with particular emphasis placed on the seriousness, recency, frequency, and motivation for the individual's conduct; the extent to which conduct was negligent, willful, voluntary, or undertaken with the knowledge of the circumstances or consequences involved; and, to the extent that it can be estimated, the probability that conduct will or will not continue in the future.”
Procedural Posture
- SOR issuedDec 22, 2003
- Answer filedJan 12, 2004Applicant requested decision without a hearing.
- Hearing held—No hearing was conducted.
- Decision dateJun 10, 2005
Cite For
- Foreign Influence Due to Family Connections Under Guideline B
- Sexual Misconduct and Its Implications Under Guideline D
- Falsification of Information During the Clearance Process Under Guideline E