ISCR Case 04-01078.h1

Case Headnote

ISCR Case No. 04-01078.h1

deniedFeb 28, 2006· Hon. Michael H. Leonard· hearing

Summary

A 30-year-old program analyst for a defense contractor was denied a security clearance due to concerns under Guideline C (Foreign Preference), Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant had a history of illegal drug use, including marijuana, cocaine, Ecstasy, LSD, crystal methamphetamine, and opium, from approximately 1994 until August 2001, and had purchased drugs. She also had prior employment with a foreign embassy, accepting a salary and benefits, and had applied for a foreign government security clearance.

While her drug involvement was mitigated by its lack of recent activity and her stated intent to abstain, the primary reason for denial stemmed from her misrepresentations. The applicant misrepresented her drug history on her security-clearance application and in a sworn statement during a background investigation. She continued to withhold information and provided a false sworn statement in May 2003, denying any illegal drug involvement.

This conduct constituted criminal conduct under 18 U.S.C. § 1001 for making false statements to a federal agency. The judge found no mitigating conditions applicable to her falsification of information, leading to the denial of her security clearance.

Why the Applicant Was Denied

Applicant misrepresented her history of illegal drug involvement on her security-clearance application.
She provided false statements during multiple interviews regarding her drug use.
The judge found no mitigating conditions applicable to her falsification of information.

Conditions Referenced

Disqualifying

E2.A5.1.2.2appliedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator
E2.A10.1.2.1appliedAllegations or Admissions of Criminal Conduct, Regardless of Whether the Person Was Formally Charged

Mitigating

E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent
E2.A8.1.3.3appliedA Demonstrated Intent Not to Abuse Any Drugs in the Future

Key Rule Quoted

“"The decision to deny a person a security clearance is not a determination of an applicant's loyalty. Instead, it is determination that the applicant has not met the strict guidelines the President has established for granting a clearance."”

Procedural Posture

SOR issuedMar 14, 2005
Answer filedApr 7, 2005
Hearing heldAug 10, 2005Applicant appeared pro se.
Decision dateFeb 28, 2006

Cite For

Misrepresentation of Drug History Under Guideline E
Criminal Conduct Related to False Statements Under Guideline J
Mitigation of Drug Involvement Under Guideline H Due to Lack of Recent Use

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
4.a	Applicant's employment with a foreign embassy, including accepting a salary and employee benefits (health insurance), and applying for a security clearance with a foreign government, are circumstances that raise a security concern.	For Applicant	Foreign Benefits or Education	Denied	(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

4.a

Applicant's employment with a foreign embassy, including accepting a salary and employee benefits (health insurance), and applying for a security clearance with a foreign government, are circumstances that raise a security concern.

For Applicant

Foreign Benefits or Education

Denied

(d) participation in foreign activities, including (1) assuming/attempting employment, position, or political office in a foreign government or military o…

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The applicant misrepresented her history of illegal drug involvement when completing a security-clearance application and in a sworn statement made during a background investigation.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—
2.b	The applicant continued to withhold information about her drug involvement during multiple interviews, and she provided a false sworn statement in May 2003 when she denied any illegal drug involvement.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Admitted	(b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The applicant misrepresented her history of illegal drug involvement when completing a security-clearance application and in a sworn statement made during a background investigation.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

—

2.b

The applicant continued to withhold information about her drug involvement during multiple interviews, and she provided a false sworn statement in May 2003 when she denied any illegal drug involvement.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Admitted

(b) deliberately providing false information to an investigator or official

(c) credible adverse information across areas supporting a whole-person concern

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	The applicant has a history of illegal drug involvement, including the use of marijuana, cocaine, Ecstasy, LSD, crystal methamphetamine, and opium.	For Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented Documented Acknowledgment and Remorse
1.b	The applicant used marijuana with varying frequency from about 1994 to mid-2001, with her last involvement in about August 2001.	For Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented Documented Acknowledgment and Remorse
1.c	The applicant purchased marijuana and other drugs.	For Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	Documented Abstinence Period Documented Documented Acknowledgment and Remorse
1.d	The applicant has demonstrated intent not to abuse drugs in the future.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(c) prescription abuse followed a prolonged illness and has since ended	Documented Acknowledgment and Remorse Documented Abstinence Period Documented
1.e	The applicant has not used illegal drugs since August 2001.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Abstinence Period Documented

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

The applicant has a history of illegal drug involvement, including the use of marijuana, cocaine, Ecstasy, LSD, crystal methamphetamine, and opium.

For Applicant

Marijuana

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(a) behavior happened long ago / infrequent / unlikely to recur

(c) prescription abuse followed a prolonged illness and has since ended

Documented

Abstinence Period Documented

Documented

Acknowledgment and Remorse

1.b

The applicant used marijuana with varying frequency from about 1994 to mid-2001, with her last involvement in about August 2001.

For Applicant

Marijuana

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(a) behavior happened long ago / infrequent / unlikely to recur

(c) prescription abuse followed a prolonged illness and has since ended

Documented

Abstinence Period Documented

Documented

Acknowledgment and Remorse

1.c

The applicant purchased marijuana and other drugs.

For Applicant

Marijuana

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

(a) behavior happened long ago / infrequent / unlikely to recur

(c) prescription abuse followed a prolonged illness and has since ended

Documented

Abstinence Period Documented

Documented

Acknowledgment and Remorse

1.d

The applicant has demonstrated intent not to abuse drugs in the future.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

(c) prescription abuse followed a prolonged illness and has since ended

Documented

Acknowledgment and Remorse

Documented

Abstinence Period Documented

1.e

The applicant has not used illegal drugs since August 2001.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

Documented

Abstinence Period Documented

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
3.a	Applicant engaged in criminal conduct by providing false and misleading information about her illegal drug history in violation of 18 U.S.C. § 1001 (making a false statement within the jurisdiction of a federal agency), which is a felony-level offense.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

3.a

Applicant engaged in criminal conduct by providing false and misleading information about her illegal drug history in violation of 18 U.S.C. § 1001 (making a false statement within the jurisdiction of a federal agency), which is a felony-level offense.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

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

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

—

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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

SYNOPSIS

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES