Summary
A 32-year-old senior assembly mechanic was denied a security clearance under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The denial stemmed from the intentional falsification of material information on his security application and a history of criminal activity, including multiple instances of fraud. The judge determined that the applicant's explanations did not sufficiently mitigate the disqualifying factors.
Specifically, the applicant answered "no" to questions regarding illegal drug use and arrests/charges/convictions within the seven-year period prior to signing his security application, despite knowing he had used marijuana and crack cocaine and had prior arrests. Furthermore, in a sworn statement, he only disclosed marijuana use, omitting crack cocaine.
His criminal history included an arrest for writing a worthless check in 1986, charges for domestic violence in 1987, assaulting his wife in 1989, and second-degree burglary and grand theft in 1992. In 1996, he was arrested and charged with two counts of unemployment fraud. The judge concluded that the intentional falsification and unmitigated history of criminal conduct, particularly fraudulent activities spanning from 1986 to 2004, warranted the denial.
Why the Applicant Was Denied
- Applicant intentionally falsified material information on his security application and sworn statements.
- Applicant has a history of criminal conduct involving fraudulent activities from 1986 to 2004, which was not mitigated.
Conditions Referenced
- E2.A5.1.2.2raisedDeliberate Omission of Relevant and Material Facts From Any Personnel Security Questionnaire Used to Determine Security Clearance Eligibility
- E2.A5.1.2.3raisedDeliberately Providing False or Misleading Information Concerning Relevant and Material Matters to an Investigator in Connection with a Personnel or Trustworthiness Determination
- 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.A5.1.3.1rejectedThe Information Was Unsubstantiated or Not Pertinent to a Determination of Judgment, Trustworthiness, or ReliabilityApplicant admitted to deliberately concealing material information.
- E2.A5.1.3.2rejectedThe Falsification Was an Isolated Incident, Was Not Recent, and the Individual Has Subsequently Provided Correct Information VoluntarilyThere is a pattern of dishonest behavior that is recent.
- E2.A5.1.3.3rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the FactsApplicant did not provide a full account of his drug history when first queried.
- E2.A10.1.3.1rejectedThe Behavior Was Not RecentThere is a long pattern of criminal conduct.
- E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentApplicant has a history of multiple offenses.
- E2.A10.1.3.6rejectedThere Is Clear Evidence of Successful RehabilitationApplicant's fraudulent behavior spans several years.
Key Rule Quoted
“Deliberately omitting or falsifying information during the security investigation demonstrates poor judgment.”
Procedural Posture
- SOR issuedSep 30, 2005
- Answer filedOct 17, 2005Undated, notarized answer received.
- Hearing held—Applicant requested decision on the record.
- Decision dateApr 17, 2006
Cite For
- Intentional Falsification of Information Under Guideline E
- Pattern of Criminal Conduct Under Guideline J
- Impact of Dishonesty on Security Clearance Eligibility