Summary
A 53-year-old defense contract employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The applicant willfully failed to file federal and state income tax returns for the years 2000 through 2003. Federal taxes were not paid until December 5, 2005, and state taxes were paid in 2005.
Additionally, the applicant has a history of illegal drug use, including marijuana, which continued until 2002. The Statement of Reasons alleged that the applicant willfully failed to file both federal and state tax returns for the specified period and did not mitigate the security concerns related to drug involvement.
The denial was based on the applicant's willful failure to file tax returns from 2001 to 2003, which demonstrated a pattern of criminal conduct. The applicant's long history of illegal drug use was also a significant factor. Although tax returns were filed in 2005, these actions were deemed to be motivated by the threat to the security clearance rather than genuine compliance, thus failing to mitigate the security concerns.
Why the Applicant Was Denied
- Applicant willfully failed to file federal and state tax returns from 2001 to 2003, demonstrating a pattern of criminal conduct.
- Applicant has a long history of illegal drug use, including marijuana, which continued until 2002.
- Despite filing tax returns in 2005, the applicant's actions were motivated by the threat to his security clearance rather than genuine compliance.
Conditions Referenced
- E2.A10.1.2.1raisedCriminal Conduct Disqualifying Condition 1Admissions of criminal conduct, regardless of whether the person was formally charged.
- E2.A10.1.2.2raisedCriminal Conduct Disqualifying Condition 2A single serious crime or multiple lesser offenses.
- E2.A5.1.2.1raisedPersonal Conduct Disqualifying Condition 1Reliable, unfavorable information provided by associates, employers, coworkers, neighbors, and other acquaintances.
- E2.A6.1.2.1raisedFinancial Considerations Disqualifying Condition 1A history of not meeting financial obligations.
- E2.A6.1.2.3raisedFinancial Considerations Disqualifying Condition 3Inability or unwillingness to satisfy debts.
- E2.A8.1.2.1raisedDrug Involvement Disqualifying Condition 1Any drug abuse.
- E2.A8.1.2.2raisedDrug Involvement Disqualifying Condition 2Illegal drug possession, including cultivation, processing, manufacture, purchase, sale or distribution.
Key Rule Quoted
“A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness.”
Procedural Posture
- SOR issuedJul 7, 2005
- Answer filedAug 30, 2005Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on written record.
- Decision dateApr 14, 2006
Cite For
- Denial of Clearance Due to Willful Failure to File Taxes Under Guideline J
- Impact of Illegal Drug Use on Security Clearance Under Guideline H
- Failure to Mitigate Financial Obligations Under Guideline F