Summary
A 40-year-old defense contractor was denied a security clearance due to concerns under Guideline D (Sexual Behavior) and Guideline J (Criminal Conduct). The denial stemmed from allegations that the applicant engaged in criminal conduct, specifically being charged with three offenses related to surreptitiously photographing women in various stages of undress at a tanning salon. Additionally, the applicant was alleged to have downloaded and possessed several images of minor children engaged in sexual acts with adults.
The Statement of Reasons detailed charges of peeping and peeping with prurient intent, as well as possession of child pornography. Disqualifying conditions were raised, while mitigating conditions were applied.
Ultimately, the clearance was denied because the applicant's actions, including taking unauthorized photographs and possessing child pornography, reflected a lack of judgment and discretion. Despite completing probation, the judge found that the applicant's past conduct remained a source of embarrassment and potential coercion, which undermined his trustworthiness and rendered the granting of a clearance inconsistent with national interest.
Why the Applicant Was Denied
- Applicant engaged in criminal conduct by taking unauthorized photographs of women and possessing child pornography.
- His actions reflect a lack of judgment and discretion, raising security concerns under Guideline D and Guideline J.
- The applicant's past conduct continues to be a source of embarrassment and potential coercion, undermining trustworthiness.
Conditions Referenced
- DC 1appliedCriminal Conduct
- DC 2appliedA Single Serious Crime or Multiple Lesser Offenses
- DC 3appliedConduct That Continues to Be a Source of Embarrassment and Possible Coercion
- DC 4appliedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- MC 1appliedThe Criminal Behavior Was Not Recent
- MC 2rejectedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar NatureThe applicant's wife's testimony indicated ongoing issues with internet access and trust.
Key Rule Quoted
“A person who has access to classified information enters into a fiduciary relationship with the government based on trust and confidence.”
Procedural Posture
- SOR issuedDec 22, 2003
- Answer filed—
- Hearing heldMar 24, 2005
- Decision dateOct 17, 2005Decision issuance delayed due to large caseload.
Cite For
- Security Concerns Related to Criminal Conduct Under Guideline J
- Security Concerns Related to Sexual Behavior Under Guideline D
- The Impact of Past Criminal Behavior on Current Trustworthiness Assessments