Summary
A 41-year-old inspector for a defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant had a history of criminal conduct, including a 1996 arrest for embezzlement, which resulted in a guilty plea to petty larceny for adjusting orders and pocketing money from a pizza restaurant. A bench warrant was issued in July 1997 for his failure to pay court-ordered restitution and perform community service related to this incident.
Additionally, the applicant had significant delinquent debt totaling approximately $5,441. This included a $2,068 student loan charged off in April 2001, a $392 judgment from October 2002, another $2,307 student loan placed for collection in November 2002, and a $674 delinquent bank account charged off in December 1997.
The judge determined that the applicant's history of criminal conduct, outstanding warrant, and unaddressed financial obligations demonstrated a pattern of dishonesty and failure to comply with legal requirements. These issues raised serious concerns about his trustworthiness and reliability, and he did not mitigate the security concerns, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant has a history of criminal conduct, including a felony charge reduced to petty larceny, and an outstanding warrant for failure to pay restitution.
- He has significant delinquent debt totaling approximately $5,441 and has not made efforts to address these financial obligations.
- The applicant's pattern of dishonesty and failure to comply with legal obligations raised serious concerns about his trustworthiness and reliability.
Conditions Referenced
- E2.A1.1.2.1raisedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A5.1.2.1raisedReliable, Unfavorable Information Provided by Associates, Employees, Coworkers, Neighbors, and Other Acquaintances
- E2.A5.1.2.5raisedA Pattern of Dishonesty or Rule Violations, Including Violation of Any Written or Recorded Agreement Made Between the Individual and the Agency
Key Rule Quoted
“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”
Procedural Posture
- SOR issuedOct 26, 2005
- Answer filedOct 31, 2005Applicant elected to have the case decided on the written record.
- Hearing held—No hearing was held.
- Decision dateSep 14, 2006
Cite For
- Denial Based on a Pattern of Criminal Conduct Under Guideline J
- Financial Irresponsibility and Delinquency Under Guideline F
- Issues of Personal Conduct and Dishonesty Under Guideline E