ISCR Case 04-04518.h1

Case Headnote

ISCR Case No. 04-04518.h1

deniedFeb 2, 2006· Hon. Carol G. Ricciardello· hearing

Summary

A 32-year-old federal contractor, employed since 2000, was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant deliberately concealed his criminal and drug history on his security clearance application and provided false and misleading statements to a DSS investigator regarding his past. His explanations and testimony at the hearing were deemed not credible, indicating a pattern of dishonesty and raising serious questions about his character and judgment.

The applicant's history included felony charges for burglary in 1988 and larceny in 1991. He also failed to disclose arrests for minor in possession of alcohol in 1992, theft and disorderly conduct in 1995, assault and weapons misconduct in 1996, criminal trespass in 1996, and disorderly conduct, assault, trespassing, and threatening/stalking in 1998. Additionally, he used marijuana, cocaine, and methamphetamines with varying frequency until September 2000.

While the applicant's drug involvement was not recent and he expressed a commitment to future abstinence, which mitigated concerns under Guideline H, he failed to mitigate concerns under Guidelines J and E. The deliberate concealment of his extensive criminal and drug history, coupled with his lack of credible explanations, led to the denial of his security clearance.

Why the Applicant Was Denied

Applicant deliberately concealed his past criminal and drug history on his security clearance application.
His explanations and testimony were found to be not credible, indicating a pattern of dishonesty.
He failed to mitigate security concerns under Guidelines J and E despite having mitigated concerns under Guideline H.

Conditions Referenced

Disqualifying

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.A5.1.2.2appliedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts
E2.A5.1.2.3appliedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters
E2.A5.1.2.4appliedPersonal Conduct or Concealment of Information That Increases an Individual's Vulnerability to Coercion
E2.A5.1.2.5appliedA Pattern of Dishonesty or Rule Violations

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 clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”

Procedural Posture

SOR issuedMay 2, 2005
Answer filedJun 3, 2005Applicant admitted all allegations.
Hearing heldJan 12, 2006
Decision dateFeb 2, 2006

Cite For

Failure to Mitigate Security Concerns Under Guidelines J and E Due to Dishonesty
Credibility Issues in Applicant's Testimony and Explanations
Successful Mitigation of Drug Involvement Despite a History of Drug 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	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant deliberately concealed his past criminal and drug history when filling out his security clearance application.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
3.b	Applicant provided false and misleading statements to a DSS investigator regarding his criminal history.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Criminal Conduct	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
3.c	Applicant's explanations and testimony at his hearing were not credible, indicating a pattern of dishonesty.	Against Applicant	Pattern of Dishonesty or Rule Violations	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—
3.d	Applicant's conduct raises serious questions about his character, judgment, and honesty.	Against Applicant	Questionable Judgment General	—	Admitted	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (c) credible adverse information across areas supporting a whole-person concern (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant deliberately concealed his past criminal and drug history when filling out his security clearance application.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Admitted

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

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

3.b

Applicant provided false and misleading statements to a DSS investigator regarding his criminal history.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Criminal Conduct

Admitted

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

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

3.c

Applicant's explanations and testimony at his hearing were not credible, indicating a pattern of dishonesty.

Against Applicant

Pattern of Dishonesty or Rule Violations

—

Admitted

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

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

3.d

Applicant's conduct raises serious questions about his character, judgment, and honesty.

Against Applicant

Questionable Judgment General

—

Admitted

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

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

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

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
2.a	The applicant used marijuana, cocaine, and methamphetamines with varying frequency until September 2000.	For Applicant	Marijuana	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—
2.b	The applicant's drug involvement was not recent.	For Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur (c) prescription abuse followed a prolonged illness and has since ended	—
2.c	The applicant has expressed a commitment that he does not intend to use drugs in the future.	For Applicant	Stated Intent to Use Again	Not Applicable	Admitted	—	(c) prescription abuse followed a prolonged illness and has since ended	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

2.a

The applicant used marijuana, cocaine, and methamphetamines with varying frequency until September 2000.

For Applicant

Marijuana

Not Applicable

Admitted

—

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

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

—

2.b

The applicant's drug involvement was not recent.

For Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

—

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

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

—

2.c

The applicant has expressed a commitment that he does not intend to use drugs in the future.

For Applicant

Stated Intent to Use Again

Not Applicable

Admitted

—

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

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant intentionally and deliberately falsified information on his sworn SCA.	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	—	—
1.b	Applicant was charged with felony burglary on September 30, 1988, and felony larceny on about May 17, 1991.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant failed to divulge he had been arrested on about October 1992 and charged with minor in possession of alcohol.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	Applicant was arrested on about July 16, 1995, and charged with theft under $1,200 and disorderly conduct.	Against Applicant	Theft or Larceny	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.e	Applicant was arrested on about May 19, 1996, and charged with assault, disorderly conduct and weapons misconduct.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.f	Applicant was arrested on about December 5, 1996, and charged with criminal trespass.	Against Applicant	Trespassing or Burglary	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.g	Applicant was arrested on about July 19, 1998, and charged with disorderly conduct, simple assault, trespassing, and threaten/stalking.	Against Applicant	Assault or Battery	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.h	Applicant's explanations and testimony at his hearing were not credible.	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

1.a

Applicant intentionally and deliberately falsified information on his sworn SCA.

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

—

1.b

Applicant was charged with felony burglary on September 30, 1988, and felony larceny on about May 17, 1991.

Against Applicant

Theft or Larceny

Convicted

Admitted

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

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

—

1.c

Applicant failed to divulge he had been arrested on about October 1992 and charged with minor in possession of alcohol.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

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

—

1.d

Applicant was arrested on about July 16, 1995, and charged with theft under $1,200 and disorderly conduct.

Against Applicant

Theft or Larceny

Convicted

Admitted

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

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

—

1.e

Applicant was arrested on about May 19, 1996, and charged with assault, disorderly conduct and weapons misconduct.

Against Applicant

Assault or Battery

Convicted

Admitted

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

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

—

1.f

Applicant was arrested on about December 5, 1996, and charged with criminal trespass.

Against Applicant

Trespassing or Burglary

Convicted

Admitted

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

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

—

1.g

Applicant was arrested on about July 19, 1998, and charged with disorderly conduct, simple assault, trespassing, and threaten/stalking.

Against Applicant

Assault or Battery

Charged Not Convicted

Admitted

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

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

—

1.h

Applicant's explanations and testimony at his hearing were not credible.

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