Summary
A 49-year-old federal contractor, previously holding a top security clearance, was denied a security clearance due to significant concerns under Guideline D (Sexual Behavior), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The applicant admitted to sexually molesting his infant daughter in 1982 and engaging in questionable sexual behavior with his minor son and niece until at least 1998. This included becoming sexually aroused while wrestling with his 17-year-old niece in 1997, masturbating afterward, and experiencing sexual arousal while bathing and showering with his minor son until 1998. Additionally, he viewed pornographic websites, some depicting minor females not under 13, until at least 1997.
Further concerns arose from a history of criminal conduct. The applicant admitted to stealing cash overages from his employer from May 1980 to at least March 1982 and shoplifting merchandise in at least 1986 or 1987. In 1993, he transported and harbored an illegal alien for six months, who later became the mother of his adopted son. These actions collectively demonstrated a pattern of criminal conduct that raised doubts about his judgment and reliability.
The judge determined that the applicant failed to provide sufficient evidence of rehabilitation or mitigating circumstances for his past behavior. Consequently, the security concerns stemming from his admitted sexual misconduct, theft, and harboring an illegal alien were not mitigated, leading to the denial of his security clearance.
Why the Applicant Was Denied
- Applicant admitted to sexually molesting his infant daughter and engaging in inappropriate sexual behavior with his minor son and niece.
- Applicant has a history of theft and criminal conduct, including harboring an illegal alien.
- The applicant failed to provide sufficient evidence of rehabilitation or mitigating circumstances regarding his past behavior.
Conditions Referenced
- E2.A4.1.2.1appliedSexual Behavior of a Criminal Nature, Whether or Not the Individual Has Been Prosecuted
- E2.A4.1.2.3appliedSexual Behavior That Causes an Individual to Be Vulnerable to Coercion, Exploitation, or Duress
- E2.A4.1.2.4appliedSexual Behavior of a Public Nature And/or That Which Reflects Lack of Discretion or Judgment
- E2.A10.1.2.1appliedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2appliedA Single Serious Crime or Multiple Lesser Offenses
- E2.A5.1.2.4appliedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion, Exploitation or Duress
- E2.A5.1.2.5appliedA Pattern of Dishonesty or Rule Violations, Including Violation of Any Written or Recorded Agreement Made Between the Individual and the Agency
- E2.A4.1.3.2rejectedThe Behavior Was Not Recent and There Is No Evidence of Subsequent Conduct of a Similar NatureAlthough the last incident was in 1998, the pattern of behavior and multiple victims raised ongoing concerns.
- E2.A4.1.3.3rejectedThere Is No Other Evidence of Questionable Judgment, Irresponsibility, or Emotional InstabilityThe applicant's history of sexual and criminal behavior indicates significant issues with judgment.
- E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentThe applicant's ongoing pattern of criminal conduct undermines the argument of recency.
- E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentThe applicant's history shows a pattern of repeated offenses.
- E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful RehabilitationThe applicant failed to provide evidence of rehabilitation.
- E2.A5.1.3.5rejectedThe Individual Has Taken Positive Steps to Significantly Reduce or Eliminate Vulnerability to Coercion, Exploitation, or DuressThe applicant did not demonstrate effective steps to mitigate vulnerabilities.
Key Rule Quoted
“The clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
Procedural Posture
- SOR issuedApr 12, 2005
- Answer filedMay 16, 2005Applicant admitted all allegations.
- Hearing held—Applicant elected to have the case decided on the written record.
- Decision dateSep 30, 2005
Cite For
- Denial of Security Clearance Due to Serious Sexual Behavior Concerns
- Pattern of Criminal Conduct Affecting Security Clearance Eligibility
- Failure to Mitigate Disqualifying Conditions Under Guidelines D, E, and J