ISCR Case 02-33153.h1

Case Headnote

ISCR Case No. 02-33153.h1

deniedJul 21, 2004· Hon. Robert J. Tuider· hearing

Summary

A 43-year-old single man with two children was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant had a history of financial difficulties and multiple arrests, along with an instance of falsifying his security clearance application.

Regarding financial concerns, the applicant incurred eight debts totaling over $9,000 after a 1999 bankruptcy. He attributed these issues to a custody battle, increased child support, moving costs, medical expenses, and underemployment. While he successfully resolved most of these debts, with only one outstanding balance of $307.54 owed to a former landlord, his financial issues were largely mitigated.

However, the denial was primarily based on a pattern of criminal conduct and a lack of candor. The applicant had eight arrests, six of which involved physical altercations, including incidents of battery and disorderly conduct across multiple states. Although some charges were dismissed or resulted in "not guilty" verdicts, he was found guilty of disorderly conduct and domestic abuse in November 1997 and fined for contempt of court in July 1999. Crucially, he falsified his 2002 security clearance application by omitting pertinent arrests, which significantly impacted the decision. The applicant did not provide sufficient evidence of taking responsibility for his past conduct or preventing future incidents.

Why the Applicant Was Denied

The applicant had eight arrests, six involving physical altercations, raising significant concerns about his judgment and reliability.
The applicant falsified his security clearance application by omitting relevant arrests, indicating a lack of candor and trustworthiness.
The applicant did not provide persuasive evidence of taking responsibility for his past conduct or preventing future incidents.

Conditions Referenced

Disqualifying

E2.A10.1.2.1raisedCriminal Conduct
E2.A10.1.2.2raisedPattern of Criminal Activity
E2.A5.1.2.2raisedDeliberate Omission of Relevant Facts

Mitigating

E2.A6.1.3.1rejectedThe Behavior Was Not Recent and Was Largely Beyond the Applicant's Control
E2.A6.1.3.3appliedThe Applicant Has Made a Good-faith Effort to Resolve Debts
E2.A10.1.3rejectedNo Mitigating Conditions Applicable

Key Rule Quoted

“"[N]o one has a 'right' to a security clearance."”
— Department of the Navy v. Egan, 484 U.S. 518, 528 (1988)

Procedural Posture

SOR issuedOct 9, 2003
Answer filedNov 7, 2003
Hearing heldFeb 24, 2004
Decision dateJul 21, 2004

Cite For

Denial Based on a Pattern of Criminal Conduct Under Guideline J
Falsification of Security Clearance Application Under Guideline E
Mitigation of Financial Issues Under Guideline F Not Sufficient to Outweigh Criminal Conduct Concerns

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
3.a	Applicant falsified his 2002 security clearance application by failing to list pertinent past arrests.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant falsified his 2002 security clearance application by failing to list pertinent past arrests.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant incurred eight debts exceeding $9,000.00 after being granted bankruptcy protection in 1999.	For Applicant	Unspecified Financial	Admitted	—	—	—
1.b	Applicant has successfully mitigated this concern as a result of aggressively resolving or paying these debts.	For Applicant	Unspecified Financial	Admitted	—	—	—
1.c	Following bankruptcy, Applicant became indebted and was in arrears to eight creditors totaling $9,402.54 as of 2002. $9,402	For Applicant	Unspecified Financial	Admitted	—	—	—
1.d	All debts cited under financial considerations (Guideline F) have been resolved with the exception of the eighth debt.	For Applicant	Unspecified Financial	Admitted	—	—	—
1.e	The only lingering debt is an outstanding balance of $307.54 owed to a former landlord, with whom Applicant is attempting to reach a good-faith resolution. $307	For Applicant	Unspecified Financial	Admitted	—	—	—
1.f	Applicant attributes his past financial difficulties to the costs associated with a custody battle with the mother of his two children, increases in child support, costs associated with subsequent moves, uncovered medical expenses, underemployment, and unemployment.	For Applicant	Unspecified Financial	Admitted	—	—	—
1.g	Applicant has made impressive strides in either repaying or resolving all of his debts.	For Applicant	Unspecified Financial	Admitted	—	—	—
1.h	The bankruptcy was not recent, the conditions that resulted in Applicant's financial situation were largely beyond his control, and he has initiated a good-faith effort to repay overdue creditors or otherwise resolve debts.	For Applicant	Unspecified Financial	Admitted	—	—	—
1.i	Applicant has submitted evidence that he is making a good-faith attempt to resolve the matter.	For Applicant	Unspecified Financial	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant incurred eight debts exceeding $9,000.00 after being granted bankruptcy protection in 1999.

For Applicant

Unspecified Financial

Admitted

—

1.b

Applicant has successfully mitigated this concern as a result of aggressively resolving or paying these debts.

For Applicant

Unspecified Financial

Admitted

—

1.c

Following bankruptcy, Applicant became indebted and was in arrears to eight creditors totaling $9,402.54 as of 2002.

$9,402

For Applicant

Unspecified Financial

Admitted

—

1.d

All debts cited under financial considerations (Guideline F) have been resolved with the exception of the eighth debt.

For Applicant

Unspecified Financial

Admitted

—

1.e

The only lingering debt is an outstanding balance of $307.54 owed to a former landlord, with whom Applicant is attempting to reach a good-faith resolution.

$307

For Applicant

Unspecified Financial

Admitted

—

1.f

Applicant attributes his past financial difficulties to the costs associated with a custody battle with the mother of his two children, increases in child support, costs associated with subsequent moves, uncovered medical expenses, underemployment, and unemployment.

For Applicant

Unspecified Financial

Admitted

—

1.g

Applicant has made impressive strides in either repaying or resolving all of his debts.

For Applicant

Unspecified Financial

Admitted

—

1.h

The bankruptcy was not recent, the conditions that resulted in Applicant's financial situation were largely beyond his control, and he has initiated a good-faith effort to repay overdue creditors or otherwise resolve debts.

For Applicant

Unspecified Financial

Admitted

—

1.i

Applicant has submitted evidence that he is making a good-faith attempt to resolve the matter.

For Applicant

Unspecified Financial

Admitted

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested in July 1989 while living in State A for battery. Applicant testified that he was dropping his children off at their mother's house and her boyfriend assaulted him with a knife. Applicant sustained cuts on his fingers. Applicant was found not guilty.	Against Applicant	Assault or Battery	Acquitted or Found Not Guilty	Denied	—	—	—
2.b	Applicant was arrested in October 1993 in State A for disorderly conduct. The underlying conduct arose following an allegation of urinating in public. The charge was dismissed.	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Denied	—	—	—
2.c	Applicant was arrested in August 1994 in State A for battery. The underlying conduct involved an altercation in a bar. Applicant was found not guilty.	Against Applicant	Assault or Battery	Acquitted or Found Not Guilty	Denied	—	—	—
2.d	Applicant was arrested in August 1996 in State A for battery. The underlying conduct involved an altercation in a neighborhood after dropping off a female friend at her house. The charge was dismissed.	Against Applicant	Assault or Battery	Dismissed or Nolle Prossed	Denied	—	—	—
2.e	Applicant was arrested in November 1997 in State B for disorderly conduct and domestic abuse. The underlying conduct involved an altercation with his current girlfriend. Applicant was found guilty and paid fines and court costs.	Against Applicant	Domestic Violence	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.f	Applicant was arrested in July 1999 in State B for a contempt of court warrant based upon a failure to appear in court as ordered. The arresting officer was flagged down in a parking lot by Applicant's current girlfriend regarding a civil problem she was having with Applicant and the arresting officer ran a warrant check on Applicant. Applicant was fined.	Against Applicant	Probation or Court Order Violation	Convicted	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.g	Applicant was cited in October 1999 in State B for operating an auto after suspension (1st offense).	Against Applicant	Traffic Offense Pattern	Conduct No Charge	Denied	—	—	—
2.h	Applicant was arrested in October 1999 in State B for battery and disorderly conduct. The underlying conduct involved an altercation with his current girlfriend. Charges were dismissed.	Against Applicant	Assault or Battery	Dismissed or Nolle Prossed	Denied	—	—	—
2.i	Applicant was arrested in May 2002 in State C for domestic abuse. The underlying conduct involved an altercation with his current girlfriend. Charges were denied.	Against Applicant	Domestic Violence	Conduct No Charge	Denied	—	—	—
2.j	Applicant was cited in his SOR for having been arrested in November 1988 in State A for theft. Applicant adamantly denied this allegation. The government was unable to provide source documents to further substantiate this charge other than a rap sheet which contained very basic information.	For Applicant	Theft or Larceny	Arrested Not Charged	Denied	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

Applicant was arrested in July 1989 while living in State A for battery. Applicant testified that he was dropping his children off at their mother's house and her boyfriend assaulted him with a knife. Applicant sustained cuts on his fingers. Applicant was found not guilty.

Against Applicant

Assault or Battery

Acquitted or Found Not Guilty

Denied

—

2.b

Applicant was arrested in October 1993 in State A for disorderly conduct. The underlying conduct arose following an allegation of urinating in public. The charge was dismissed.

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Denied

—

2.c

Applicant was arrested in August 1994 in State A for battery. The underlying conduct involved an altercation in a bar. Applicant was found not guilty.

Against Applicant

Assault or Battery

Acquitted or Found Not Guilty

Denied

—

2.d

Applicant was arrested in August 1996 in State A for battery. The underlying conduct involved an altercation in a neighborhood after dropping off a female friend at her house. The charge was dismissed.

Against Applicant

Assault or Battery

Dismissed or Nolle Prossed

Denied

—

2.e

Applicant was arrested in November 1997 in State B for disorderly conduct and domestic abuse. The underlying conduct involved an altercation with his current girlfriend. Applicant was found guilty and paid fines and court costs.

Against Applicant

Domestic Violence

Convicted

Denied

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

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

—

2.f

Applicant was arrested in July 1999 in State B for a contempt of court warrant based upon a failure to appear in court as ordered. The arresting officer was flagged down in a parking lot by Applicant's current girlfriend regarding a civil problem she was having with Applicant and the arresting officer ran a warrant check on Applicant. Applicant was fined.

Against Applicant

Probation or Court Order Violation

Convicted

Denied

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

—

2.g

Applicant was cited in October 1999 in State B for operating an auto after suspension (1st offense).

Against Applicant

Traffic Offense Pattern

Conduct No Charge

Denied

—

2.h

Applicant was arrested in October 1999 in State B for battery and disorderly conduct. The underlying conduct involved an altercation with his current girlfriend. Charges were dismissed.

Against Applicant

Assault or Battery

Dismissed or Nolle Prossed

Denied

—

2.i

Applicant was arrested in May 2002 in State C for domestic abuse. The underlying conduct involved an altercation with his current girlfriend. Charges were denied.

Against Applicant

Domestic Violence

Conduct No Charge

Denied

—

2.j

Applicant was cited in his SOR for having been arrested in November 1988 in State A for theft. Applicant adamantly denied this allegation. The government was unable to provide source documents to further substantiate this charge other than a rap sheet which contained very basic information.

For Applicant

Theft or Larceny

Arrested Not Charged

Denied

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES