Summary
A 48-year-old senior software engineer, holding a secret-level security clearance, was granted a top-secret clearance despite past conduct involving a prostitute. The Statement of Reasons detailed a sexual relationship with a known prostitute from approximately mid-1992 to 1996. During this period, the prostitute blackmailed the applicant, demanding money to keep the relationship secret. The applicant paid her about $10,000 for both the sexual encounters and the blackmail. The applicant did not report this relationship or the blackmail to his employer's facility security officer.
These allegations raised security concerns under Guideline D (Sexual Behavior) and Guideline E (Personal Conduct), specifically citing disqualifying conditions related to engaging in illegal or illicit sexual conduct, engaging in sexual behavior that creates a vulnerability to exploitation, and failing to report such behavior.
However, the judge found that the applicant successfully mitigated these concerns. The association with the prostitute ceased years prior, and there was no evidence of subsequent similar conduct. Crucially, the applicant disclosed the entire episode to his wife, family, pastor, friends, and co-workers, thereby eliminating any potential for future exploitation or blackmail. Based on these mitigating factors, the top-secret clearance was GRANTED.
Why the Applicant Prevailed
- The applicant's association with the prostitute ceased years ago.
- There is no evidence of subsequent conduct of a similar nature.
- The applicant disclosed the episode to his wife, family, pastor, friends, and co-workers, eliminating potential for exploitation or blackmail.
Conditions Referenced
- E2.A4.1.2.1raisedSexual Behavior of a Criminal Nature
- E2.A4.1.2.3raisedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- E2.A4.1.2.4raisedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- E2.A5.1.2.4raisedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation, or Duress
- E2.A5.1.2.6raisedAssociation with Persons Involved in Criminal Activity
- E2.A4.1.3.2appliedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar Nature
- E2.A4.1.3.4appliedThe Behavior No Longer Serves as a Basis for Coercion, Exploitation, or Duress
- E2.A5.1.3.5appliedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or Duress
- E2.A5.1.3.7appliedAssociation with Persons Involved in Criminal Activities Has Ceased
Key Rule Quoted
“The only purpose of a security-clearance decision 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 issuedMar 25, 2004
- Answer filedApr 23, 2004
- Hearing heldAug 11, 2004Applicant appeared pro se.
- Decision dateDec 9, 2004
Cite For
- Mitigation of Past Sexual Behavior Under Guideline D
- Disclosure of Past Conduct to Eliminate Blackmail Potential
- Consideration of Personal Conduct Under Guideline E