ISCR Case 03-02097.h1

Case Headnote

ISCR Case No. 03-02097.h1

deniedOct 27, 2004· Hon. Darlene Lokey Anderson· hearing

Summary

A 33-year-old Electrical Engineer with a Bachelor's Degree was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct) due to a history of criminal conduct, illegal drug use, delinquent debts, and intentional falsifications on his security clearance application.

The applicant's criminal history included an arrest for Driving Under the Influence of Alcohol in 1989, resulting in a $482 fine. In May 1992, he was arrested for Possession of Cocaine, Possession with Intent to Distribute, and Possession of Marijuana, though all counts were nolle prossed. Subsequent arrests included Failure to Obey Sign-Exclusive Lanes and Unlicensed Driver in July 1995, which was amended to Park Unlawful Blocking any Driveway, resulting in $113 in costs and fees. In May 1998, he was found guilty of Theft of Property, receiving eighteen months probation and $560 in fines. March 1999 brought an arrest for Vandalism and Enter Noncommercial Dwelling, leading to twenty-four months probation, six days in jail, and orders to pay attorney fees and restitution. His most recent arrest in December 2001 for Battery resulted in thirty-six months summary probation, a $100 fine, and 12 hours of anger management.

The applicant also failed to disclose multiple arrests, illegal drug use, a judgment against him, and over $20,000 in delinquent debts on his security clearance application. The judge found insufficient evidence of reform or rehabilitation to mitigate these concerns, leading to the denial of the security clearance.

Why the Applicant Was Denied

The Applicant had a long history of criminal conduct, including multiple arrests and convictions.
The Applicant engaged in illegal drug use over many years, raising significant security concerns.
The Applicant failed to provide evidence of financial responsibility, with over $20,000 in delinquent debts.
The Applicant intentionally falsified material facts on his security clearance application, violating 18 U.S.C. § 1001.

Conditions Referenced

Disqualifying

J1raisedAny Criminal Conduct, Regardless of Whether the Person Was Formally Charged
J2raisedA Single Serious Crime or Multiple Lesser Offenses
H1raisedAny Drug Abuse
H2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale or Distribution
F1raisedA History of Not Meeting Financial Obligations
F3raisedInability or Unwillingness to Satisfy Debts
E2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E5raisedA Pattern of Dishonesty or Rule Violations

Key Rule Quoted

“The Government is therefore appropriately concerned when available information indicates that an Applicant for clearance may be involved in criminal conduct, illegal drug use, financial irresponsibility and dishonesty which demonstrates poor judgment or unreliability.”

Procedural Posture

SOR issuedJan 20, 2004
Answer filedMar 25, 2004
Hearing heldJul 29, 2004
Decision dateOct 27, 2004

Cite For

Denial Based on Extensive Criminal History Under Guideline J
Denial Due to Illegal Drug Use Under Guideline H
Denial for Intentional Falsification of Information Under Guideline E

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	The Applicant intentionally falsified material aspects of his personal background during the clearance screening process.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.b	The Applicant failed to list his arrests set forth under subparagraphs 1(a), 1(b), 1(j), 1(k) and 1(l) of the SOR.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.c	The Applicant failed to list his illegal drug use as set forth under subparagraphs 2(a), 2(b), 2(c) and 2(d) of the SOR.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Drug Involvement	Denied	—	—	—
2.d	The Applicant failed to list the judgment he had against him as set forth under subparagraphs 3(j) and 3(k) of the SOR.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Financial	Denied	—	—	—
2.e	The Applicant failed to list his delinquent debts set forth under subparagraphs 3(a), 3(d), 3(e), 3(f), 3(g), 3(i), 3(l), 3(m), 3(n), 3(o), 3(p), and 3(q) of the SOR.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Financial	Denied	—	—	—
2.f–2.h	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Applicant intentionally falsified material aspects of his personal background during the clearance screening process.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

2.b

The Applicant failed to list his arrests set forth under subparagraphs 1(a), 1(b), 1(j), 1(k) and 1(l) of the SOR.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

—

2.c

The Applicant failed to list his illegal drug use as set forth under subparagraphs 2(a), 2(b), 2(c) and 2(d) of the SOR.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Drug Involvement

Denied

—

2.d

The Applicant failed to list the judgment he had against him as set forth under subparagraphs 3(j) and 3(k) of the SOR.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Financial

Denied

—

2.e

The Applicant failed to list his delinquent debts set forth under subparagraphs 3(a), 3(d), 3(e), 3(f), 3(g), 3(i), 3(l), 3(m), 3(n), 3(o), 3(p), and 3(q) of the SOR.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Financial

Denied

—

2.f–2.h

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

Against Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	The Applicant was arrested for Driving Under the Influence of Alcohol in 1989, pled Nolo Contendere, and was fined $482.00.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.b	In May 1992, he was arrested for Possession of Cocaine, Possession with Intent to Distribute, and Possession of Marijuana. All counts were nolle prossed.	Against Applicant	Drug Related Criminal Charge	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	In July 1995, the Applicant was arrested for Failure to Obey Sign-Exclusive Lanes and Unlicensed Driver. The complaint was later amended to add a charge of Park Unlawful Blocking any Driveway. The Applicant pled Nolo Contendere to Park Unlawful Blocking any Driveway and was ordered to pay $113.00 in costs and fees. The remaining charges were dismissed.	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	In May 1998, the Applicant was arrested for Theft of Property. He was found guilty and placed on probation for eighteen months and ordered to pay $560.00 in fines and costs.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	In March 1999, the Applicant was arrested for Vandalism and Enter Noncommercial Dwelling. He pled Nolo Contendere and was placed on probation for twenty-four months, ordered to serve six days in jail, pay attorney fees and restitution.	Against Applicant	Vandalism or Property Damage	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	The Applicant's most recent arrest occurred in December 2001, for Battery. He pled Nolo Contendere, was placed on summary probation for thirty six months, fined $100.00 and ordered to complete 12 hours of anger management class.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g–4.g	41 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

The Applicant was arrested for Driving Under the Influence of Alcohol in 1989, pled Nolo Contendere, and was fined $482.00.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.b

In May 1992, he was arrested for Possession of Cocaine, Possession with Intent to Distribute, and Possession of Marijuana. All counts were nolle prossed.

Against Applicant

Drug Related Criminal Charge

Dismissed or Nolle Prossed

Admitted

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

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

—

1.c

In July 1995, the Applicant was arrested for Failure to Obey Sign-Exclusive Lanes and Unlicensed Driver. The complaint was later amended to add a charge of Park Unlawful Blocking any Driveway. The Applicant pled Nolo Contendere to Park Unlawful Blocking any Driveway and was ordered to pay $113.00 in costs and fees. The remaining charges were dismissed.

Against Applicant

Traffic Offense Pattern

Convicted

Admitted

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

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

—

1.d

In May 1998, the Applicant was arrested for Theft of Property. He was found guilty and placed on probation for eighteen months and ordered to pay $560.00 in fines and costs.

Against Applicant

Theft or Larceny

Convicted

Admitted

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

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

—

1.e

In March 1999, the Applicant was arrested for Vandalism and Enter Noncommercial Dwelling. He pled Nolo Contendere and was placed on probation for twenty-four months, ordered to serve six days in jail, pay attorney fees and restitution.

Against Applicant

Vandalism or Property Damage

Convicted

Admitted

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

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

—

1.f

The Applicant's most recent arrest occurred in December 2001, for Battery. He pled Nolo Contendere, was placed on summary probation for thirty six months, fined $100.00 and ordered to complete 12 hours of anger management class.

Against Applicant

Assault or Battery

Convicted

Admitted

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

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

—

1.g–4.g

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

Against Applicant

—

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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

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

STATEMENT OF CASE

FORMAL FINDINGS

DECISION

FOOTNOTES