Summary
A 40-year-old computer technician was denied a security clearance due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The applicant had accumulated approximately $33,000 in delinquent debts, including a $2,468 credit card account, a $3,773 charged-off account, a $1,253 judgment, and a $7,232 military credit union collection account, among others.
Additionally, the applicant had a history of criminal conduct, with seven charges between 1988 and April 2002. Six of these offenses were related to insufficient funds checks, including a 1989 guilty plea for writing a bad check and a 1998 charge for obtaining property with a worthless check. He was also charged and found guilty of resisting arrest and disturbing the peace in 1988, and pled nolo contendere to uttering a false instrument in 2002.
The denial was primarily based on the applicant's failure to disclose these significant financial delinquencies and three of his criminal charges on his May 2003 security clearance application. The judge found insufficient evidence of consistent debt payment and determined that the applicant deliberately omitted crucial information, leading to the denial of his security clearance.
Why the Applicant Was Denied
- The applicant incurred significant delinquent debts totaling approximately $33,000.
- He has a history of multiple criminal offenses related to insufficient funds checks.
- The applicant failed to disclose delinquent debts and criminal charges on his security clearance application.
Conditions Referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A10.1.2.1raisedAllegations 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.A6.1.2.2raisedDeceptive Illegal Financial Practices Such as Embezzlement, Employee Theft, Check Fraud, Income Tax Evasion, Expense Account Fraud, Filing Deceptive Loan Statements, or Other Intentional Financial Breaches of Trust
Key Rule Quoted
“The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance.”
Procedural Posture
- SOR issuedJan 10, 2005
- Answer filedJan 10, 2005
- Hearing heldMar 27, 2006
- Decision dateMay 17, 2006
Cite For
- Denial of Clearance Due to Significant Financial Delinquencies Under Guideline F
- Denial Based on a Pattern of Criminal Conduct Under Guideline J
- Failure to Disclose Relevant Information on a Security Clearance Application Under Guideline E