Summary
The applicant, a 46-year-old defense contractor seeking a security clearance, was denied due to a history of financial irresponsibility and intentional falsifications on his security clearance application. Despite some financial difficulties being attributed to circumstances beyond his control, the applicant failed to demonstrate sufficient evidence of reform or rehabilitation.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The Government alleges that the Applicant is ineligible for clearance because he intentionally falsified material aspects of his personal background during the clearance screening process (2.a). The Applicant completed an electronic security clearance application dated July 12, 2002. Question 40 of the application asked him if in the last seven years had he been a party to any public record civil court actions? The Applicant answered "NO". This was a false answer. The Applicant had in fact been a party to at least one civil court action (2.b). approximately $5,000.00 owed to four separate credit card accounts (1.d). approximately $5,000.00 owed to four separate credit card accounts (1.e). approximately $5,000.00 owed to four separate credit card accounts (1.f). approximately $5,000.00 owed to four separate credit card accounts (1.g). various other credit card debts totaling approximately $7,500.00 (1.j). various other credit card debts totaling approximately $7,500.00 (1.k). The Government alleges that the Applicant is ineligible for clearance because he engaged in criminal conduct (3.a).
The judge denied the clearance. The government raised disqualifying conditions E2.A2.2, J1, F1, F3. The judge applied mitigating conditions F3, E2.A2.2, J1. The decision turned on the following: The applicant intentionally falsified material information on his security clearance application, violating federal law; The applicant has a significant history of financial irresponsibility, including multiple bankruptcies and outstanding debts; The applicant did not provide sufficient evidence of rehabilitation or a good faith effort to resolve his financial issues.
Why the Applicant Was Denied
- The applicant intentionally falsified material information on his security clearance application, violating federal law.
- The applicant has a significant history of financial irresponsibility, including multiple bankruptcies and outstanding debts.
- The applicant did not provide sufficient evidence of rehabilitation or a good faith effort to resolve his financial issues.
Conditions Referenced
- E2.A2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- J1raisedAllegations or Admissions of Criminal Conduct
- F1raisedA History of Not Meeting Financial Obligations
- F3raisedInability or Unwillingness to Satisfy Debts
- F3rejectedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's ControlWhile some financial issues were due to external circumstances, the applicant's ongoing financial irresponsibility was not mitigated.
- E2.A2.2notedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- J1notedAllegations or Admissions of Criminal Conduct
Key Rule Quoted
“The adjudicative process is the careful weighing of a number of variables known as the whole person concept.”
Procedural Posture
- SOR issuedNov 7, 2003
- Answer filedDec 16, 2003
- Hearing heldJun 15, 2004
- Decision dateNov 16, 2004
Cite For
- Intentional Falsification of Information on Security Clearance Applications Under Guideline E
- Financial Irresponsibility and Multiple Bankruptcies Under Guideline F
- Criminal Conduct Related to Falsification Under Guideline J