Summary
A 58-year-old defense contractor employee was denied a security clearance due to concerns under Guidelines D (Sexual Behavior), F (Financial Considerations), and J (Criminal Conduct). The applicant had unresolved financial issues totaling $45,000, a history of soliciting prostitution, and a prior arrest for solicitation.
Specifically, the applicant was arrested in 2000 for solicitation to commit prostitution, which was null prosed. However, he admitted to seeking the services of prostitutes weekly for one year after his separation in April 2000, and on one or two occasions since moving to State #1 in August 2001. Regarding financial concerns, the applicant had numerous outstanding debts, some of which he denied or disputed, while others he admitted. These included debts to banks, hospitals, credit card companies, utilities, and for a repossessed automobile, with some debts dating back to 1998.
Despite maintaining a stable job since 2001, the applicant did not demonstrate a good-faith effort to resolve his debts or seek financial counseling until May 2005. The denial was based on his failure to resolve the $45,000 in debt, his continued engagement in solicitation of prostitution after his 2000 arrest, and his delay in seeking financial counseling or filing for bankruptcy.
Why the Applicant Was Denied
- The applicant failed to resolve $45,000 in debt to numerous creditors.
- He continued to engage in solicitation of prostitution after being arrested in 2000.
- He did not seek financial counseling or file for bankruptcy until May 2005, despite having a stable job since 2001.
Conditions Referenced
- E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A4.1.1raisedHistory of Financial Problems
- E2.A4.1.3raisedInability or Unwillingness to Satisfy Debts
- E2.A4.1.4raisedSexual Behavior That Indicates a Lack of Judgment
- E2.A4.1.3.2rejectedBehavior Was Not RecentThe applicant continued solicitation of prostitution after his arrest.
- E2.A4.1.3.4rejectedBehavior Does Not Serve as a Basis for Coercion or ExploitationThe applicant's relationship with a former prostitute does not mitigate security concerns.
- E2.A10.1.3rejectedEvidence of RehabilitationThe applicant failed to demonstrate sufficient evidence of rehabilitation.
Key Rule Quoted
“The responsibility for producing evidence initially falls on the Government to demonstrate that it is not clearly consistent with the national interest to grant or continue Applicant's access to classified information.”
Procedural Posture
- SOR issuedNov 8, 2004
- Answer filedDec 1, 2004
- Hearing heldMar 30, 2005Applicant granted additional time to submit evidence.
- Decision dateAug 29, 2005
Cite For
- Failure to Mitigate Financial Concerns Under Guideline F
- Ongoing Sexual Behavior as a Security Concern Under Guideline D
- Criminal Conduct Impacting Security Clearance Under Guideline J