ISCR Case 04-07327.h1

Case Headnote

ISCR Case No. 04-07327.h1

deniedNov 23, 2005· Hon. Henry Lazzaro· hearing

Summary

A 47-year-old journeyman electrician was denied a security clearance due to significant financial considerations and a lengthy criminal record. Despite steady employment since 2002, the applicant had unresolved delinquent accounts and a history of offenses, including domestic violence. The judge concluded that granting a clearance was not consistent with national interest.

The applicant's financial issues included a 1993 Chapter 7 bankruptcy filing for $13,394 in debt. He also had at least three delinquent collection accounts totaling $1,819, two additional collection accounts totaling $804 that he claimed to have paid or disputed, and a $5,875 judgment from charged-off accounts. Furthermore, an automobile repossession resulted in a $20,655 deficit, and a defaulted student loan of $418 was also noted.

His criminal history spanned from 1977 to at least December 2001, including convictions for felony theft, attempt burglary, retail theft, marijuana possession, and attempt conversion. In 1989, he was arrested for numerous controlled substance offenses, pleading guilty to possession of a narcotic drug. He was also charged with domestic battery in December 2001 and again in June 2002. The denial was based on his financial irresponsibility, serious criminal conduct, and failure to mitigate these issues.

Why the Applicant Was Denied

The applicant has a significant history of unpaid debts totaling over $28,000, indicating financial irresponsibility.
The applicant has a lengthy criminal history, including serious offenses and domestic violence incidents, raising concerns about judgment and reliability.
The applicant failed to provide evidence of efforts to resolve his financial issues or mitigate the impact of his criminal history.

Conditions Referenced

Disqualifying

DC 1appliedA History of Not Meeting Financial Obligations
DC 3appliedInability or Unwillingness to Satisfy Debts
DC 1appliedAllegations or Admission of Criminal Conduct, Regardless of Whether the Person Was Formally Charged
DC 2appliedA Single Serious Crime or Multiple Lesser Offenses

Key Rule Quoted

“No one has a right to a security clearance and the clearly consistent standard indicates that security clearance determinations should err, if they must, on the side of denials.”
— Egan, 484 U.S. at 528, 531.

Procedural Posture

SOR issuedDec 28, 2004
Answer filedJan 14, 2005Requested decision based on written record without a hearing.
Hearing held—No hearing was held.
Decision dateNov 23, 2005

Cite For

Denial Based on Significant Unpaid Debts Under Guideline F
Denial Due to a Lengthy Criminal History Under Guideline J
Failure to Demonstrate Mitigation of Financial and Criminal Issues.

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 (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant filed for protection under Chapter 7 of the bankruptcy code in June 1993 seeking to discharge of $13,394.00 in debt. $13,394	Against Applicant	Bankruptcy Filing	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b	Applicant presently has at least three delinquent accounts that have been submitted for collection, totaling $1,819.00. $1,819	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	He has two additional collection accounts, totaling $804.00, that he claims to have either paid or disputed. $804	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.d	He has a judgment entered against him in the amount of $5,875.00 based upon two accounts that were charged off in February 2002. $5,875	Against Applicant	Judgment Against Applicant	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e	Applicant had an automobile repossessed, and currently has a deficit owing after resale in the amount of $20,655.00. $20,655	Against Applicant	Auto Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.f	Applicant's credit report also discloses a defaulted student loan in the amount of $418.00 that Applicant claims to be disputing. $418	Against Applicant	Student Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.g–1.i	3 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant filed for protection under Chapter 7 of the bankruptcy code in June 1993 seeking to discharge of $13,394.00 in debt.

$13,394

Against Applicant

Bankruptcy Filing

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.b

Applicant presently has at least three delinquent accounts that have been submitted for collection, totaling $1,819.00.

$1,819

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.c

He has two additional collection accounts, totaling $804.00, that he claims to have either paid or disputed.

$804

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.d

He has a judgment entered against him in the amount of $5,875.00 based upon two accounts that were charged off in February 2002.

$5,875

Against Applicant

Judgment Against Applicant

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.e

Applicant had an automobile repossessed, and currently has a deficit owing after resale in the amount of $20,655.00.

$20,655

Against Applicant

Auto Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.f

Applicant's credit report also discloses a defaulted student loan in the amount of $418.00 that Applicant claims to be disputing.

$418

Against Applicant

Student Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.g–1.i

3 sub-charges — specific text not stated in this decision (against the applicant).

Against Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant has a lengthy criminal history that began in 1977 and continued until at least December 2001.	Against Applicant	Multiple Arrests Pattern	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.b	Applicant was convicted of Entering with Intent to Commit Felony Theft in 1977 for which he was sentenced to serve ten months on probation.	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	—	—
2.c	Applicant was assessed a fine in 1980 for Attempt Burglary.	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	—	—
2.d	Applicant was convicted of felony Retail Theft in June 1984, and sentenced to serve 30 months on probation and six months periodic imprisonment.	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	—	—
2.e	Applicant was convicted of possessing less than 30 grams of marijuana in January 1986.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.f	Applicant was convicted of Attempt Conversion for attempting to steal clothing from a retail store in August 1987.	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	—	—
2.g	Applicant was arrested on April 12, 1989, and charged with numerous controlled substance offenses after he attempted to board an airplane with 112 grams of cocaine, 1.2 kilograms of marijuana, and other controlled substances in his possession.	Against Applicant	Drug Related Criminal Charge	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.h	Applicant pled guilty to and was convicted of Possession of Narcotic Drug and sentenced to four years probation.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.i	Applicant was arrested in December 2001, and charged with Domestic Battery.	Against Applicant	Domestic Violence	Charged Not Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
2.j	Applicant was again charged with Domestic Battery against the same girlfriend on June 18, 2002.	Against Applicant	Domestic Violence	Charged Not Convicted	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

Applicant has a lengthy criminal history that began in 1977 and continued until at least December 2001.

Against Applicant

Multiple Arrests Pattern

Conduct No Charge

Admitted

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

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

—

2.b

Applicant was convicted of Entering with Intent to Commit Felony Theft in 1977 for which he was sentenced to serve ten months on probation.

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

—

2.c

Applicant was assessed a fine in 1980 for Attempt Burglary.

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

—

2.d

Applicant was convicted of felony Retail Theft in June 1984, and sentenced to serve 30 months on probation and six months periodic imprisonment.

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

—

2.e

Applicant was convicted of possessing less than 30 grams of marijuana in January 1986.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

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

—

2.f

Applicant was convicted of Attempt Conversion for attempting to steal clothing from a retail store in August 1987.

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

—

2.g

Applicant was arrested on April 12, 1989, and charged with numerous controlled substance offenses after he attempted to board an airplane with 112 grams of cocaine, 1.2 kilograms of marijuana, and other controlled substances in his possession.

Against Applicant

Drug Related Criminal Charge

Conduct No Charge

Admitted

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

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

—

2.h

Applicant pled guilty to and was convicted of Possession of Narcotic Drug and sentenced to four years probation.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

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

—

2.i

Applicant was arrested in December 2001, and charged with Domestic Battery.

Against Applicant

Domestic Violence

Charged Not Convicted

Admitted

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

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

—

2.j

Applicant was again charged with Domestic Battery against the same girlfriend on June 18, 2002.

Against Applicant

Domestic Violence

Charged Not Convicted

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

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES