ISCR Case 04-03759.h1

Case Headnote

ISCR Case No. 04-03759.h1

deniedJan 23, 2006· Hon. Martin H. Mogul· hearing

Summary

A 48-year-old maintenance worker was denied a DoD security clearance due to concerns under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from the applicant's failure to disclose a prior felony drug conviction and his ongoing cocaine use while holding a security clearance.

Specifically, the applicant completed a sworn Security Clearance Application (SCA) on August 27, 2003, where he falsely answered "No" to questions regarding prior drug-related offenses and illegal controlled substance use while possessing a clearance. He failed to report an October 20, 1989, felony conviction for violating a controlled substance law—possession, for which he received a suspended sentence and probation. Additionally, he did not disclose using cocaine "no more than 300 times" between 1988 and 1989, a period during which he held a security clearance granted on June 20, 1988.

During an October 2, 2003, interview, the applicant initially provided false statements to a Special Agent, claiming incorrect information on his SCA was due to a lack of exact dates and a secretary filling out the form. However, it was determined he knowingly and deliberately withheld the information due to embarrassment. The judge found that the applicant's dishonesty and criminal conduct, including potential violations of Federal Law, Title 18, United States Code Section 1001, were not mitigated by any evidence presented, leading to the denial based on poor judgment and lack of credibility.

Why the Applicant Was Denied

Applicant exhibited poor judgment and a lack of credibility.
Applicant failed to disclose a felony drug conviction on his Security Clearance Application.
Applicant used cocaine while possessing a security clearance and provided false information to government investigators.

Conditions Referenced

Disqualifying

E2.A5.1.2.2raisedDeliberately Providing False or Misleading Information to the Government
E2.A5.1.2.3raisedFalse or Misleading Statements Made to a Government Investigator
E2.A10.1.2.1raisedAllegations or Admissions of Criminal Conduct
E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses

Key Rule Quoted

“The Government relies heavily on the honesty and integrity of individuals seeking access to our nation's secrets.”

Procedural Posture

SOR issuedMay 1, 2005
Answer filedApr 22, 2005Applicant requested decision on written record.
Hearing held—No hearing; case decided on written record.
Decision dateJan 23, 2006

Cite For

Lack of Candor in Security Clearance Applications Under Guideline E
Criminal Conduct Related to False Statements Under Guideline J
Importance of Honesty and Integrity in Security Clearance Determinations

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

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	Applicant completed a signed, sworn Security Clearance Application (SCA) on August 27, 2003. Question #24 of the SCA asked, "Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs? For this item, report information regardless of whether the record in your case has been sealed or otherwise stricken from the record." Applicant answered "No" to this question. Applicant did not list his arrest on October 20, 1989, for which he was charged with and plead guilty to Violating a Controlled Substance Law-Possession, which is a Felony. He received a suspended sentence and was placed on three years probation.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.b	Question #28 asks, "Have you EVER illegally used a controlled substance while employed as a law enforcement officer, prosecutor, or courtroom official; while possessing a security clearance?" Applicant answered "No" to this question. He failed to provide the information that he used cocaine, by his own estimate "no more than 300 times" from 1988 until his arrest in 1989, a period during which he possessed a Security Clearance, which was granted on June 20, 1988.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
1.c	Applicant used and purchased cocaine, from 1988 until 1989, a period during which he possessed a Security Clearance, which was granted on June 20, 1988.	Against Applicant	Questionable Judgment General	—	Admitted	—	—	—
1.d	During an interview on October 2, 2003, Applicant initially made false statements to a Special Agent of the Defense Security Service (DSS) by claiming that he had furnished incorrect information on his SCA because he did not have the exact dates of his arrest and a secretary filled out the SCA form. In fact, he knowingly and deliberately failed to disclose his arrest on the SCA as a result of his embarrassment.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

Applicant completed a signed, sworn Security Clearance Application (SCA) on August 27, 2003. Question #24 of the SCA asked, "Have you ever been charged with or convicted of any offense(s) related to alcohol or drugs? For this item, report information regardless of whether the record in your case has been sealed or otherwise stricken from the record." Applicant answered "No" to this question. Applicant did not list his arrest on October 20, 1989, for which he was charged with and plead guilty to Violating a Controlled Substance Law-Possession, which is a Felony. He received a suspended sentence and was placed on three years probation.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.b

Question #28 asks, "Have you EVER illegally used a controlled substance while employed as a law enforcement officer, prosecutor, or courtroom official; while possessing a security clearance?" Applicant answered "No" to this question. He failed to provide the information that he used cocaine, by his own estimate "no more than 300 times" from 1988 until his arrest in 1989, a period during which he possessed a Security Clearance, which was granted on June 20, 1988.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

1.c

Applicant used and purchased cocaine, from 1988 until 1989, a period during which he possessed a Security Clearance, which was granted on June 20, 1988.

Against Applicant

Questionable Judgment General

—

Admitted

—

1.d

During an interview on October 2, 2003, Applicant initially made false statements to a Special Agent of the Defense Security Service (DSS) by claiming that he had furnished incorrect information on his SCA because he did not have the exact dates of his arrest and a secretary filled out the SCA form. In fact, he knowingly and deliberately failed to disclose his arrest on the SCA as a result of his embarrassment.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

(a) deliberate omission, concealment, or falsification on a security form

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The Government alleges in this paragraph that Applicant is ineligible for clearance because he has engaged in criminal conduct. Applicant's conduct involved furnishing information to the Government in the form of written, signed, and sworn completed questionnaire, and statements made to Government investigators that were less than complete and truthful, as alleged in the SOR as 1..a., 1.b., and 1.d. These misrepresentations are a violation of Federal Law, Title 18, United States Code Section 1001, a felony.	Against Applicant	Unspecified Criminal Conduct	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

2.a

The Government alleges in this paragraph that Applicant is ineligible for clearance because he has engaged in criminal conduct. Applicant's conduct involved furnishing information to the Government in the form of written, signed, and sworn completed questionnaire, and statements made to Government investigators that were less than complete and truthful, as alleged in the SOR as 1..a., 1.b., and 1.d. These misrepresentations are a violation of Federal Law, Title 18, United States Code Section 1001, a felony.

Against Applicant

Unspecified Criminal Conduct

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