Summary
A 38-year-old defense contractor employee was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), G (Alcohol Consumption), and J (Criminal Conduct). The denial stemmed from unresolved financial issues, a history of alcohol-related offenses, and multiple falsifications on his security clearance applications.
Specifically, the applicant had 26 past-due debts, many of which remained unsatisfied, including an IRS tax lien from July 1998 and state tax liens from September 1996 and November 1995. He also had multiple delinquent debts with various creditors and financial firms. Additionally, the applicant had three DUI arrests and convictions: in November 1991, December 1995, and August 1998, each resulting in confinement, probation, and fines.
The applicant also falsified information on three separate Security Clearance Applications. On a November 1999 application, he omitted a 1991 arrest for an alcohol offense. On a July 2002 application, he failed to disclose multiple tax liens. On an August 1998 application, he omitted an unpaid judgment and several delinquent debts. These deliberate falsifications were noted as potential violations of 18 U.S.C. 1001. The judge found that the applicant failed to adequately mitigate these concerns, leading to the denial.
Why the Applicant Was Denied
- The applicant had a history of 26 past due debts, with many remaining unsatisfied.
- The applicant had three DUI arrests and convictions, indicating a pattern of alcohol-related issues.
- The applicant committed multiple falsifications on his security clearance application, violating 18 U.S.C. 1001.
Conditions Referenced
- F1raisedFinancial ConsiderationsA history of not meeting financial obligations.
- F3raisedFinancial ConsiderationsInability or unwillingness to satisfy debts.
- G1raisedAlcohol ConsumptionAlcohol-related incidents away from work.
- G5raisedAlcohol ConsumptionHabitual or binge consumption of alcohol.
- E2raisedPersonal ConductDeliberate omission, concealment, or falsification of relevant and material facts.
- J1raisedCriminal ConductAny criminal conduct.
- J2raisedCriminal ConductA single serious crime or multiple lesser offenses.
Key Rule Quoted
“A person seeking access to classified information enters into a fiduciary relationship with the Government based upon trust and confidence.”
Procedural Posture
- SOR issuedJun 30, 2005
- Answer filedJul 26, 2005
- Hearing heldMar 21, 2006
- Decision dateJun 20, 2006
Cite For
- Denial Based on Unresolved Financial Obligations Under Guideline F
- Pattern of Alcohol-related Offenses Under Guideline G
- Falsification of Application Responses Under Guideline E and J