ISCR Case 05-12294.h1

Case Headnote

ISCR Case No. 05-12294.h1

deniedAug 24, 2006· Hon. Henry Lazzaro· hearing

Summary

A 28-year-old defense contractor was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline G (Alcohol Consumption), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from a history of criminal conduct, drug involvement, and personal conduct issues, including multiple arrests between 1999 and 2002 for drug-related offenses, and providing false information on his security clearance application.

Specific allegations included marijuana use from 1997 to 2002, daily in high school and then three to five times weekly, with weekly purchases and occasional sales of excess. He also used cocaine about ten times in 2000 and LSD on three occasions between 1998 and 2001. The applicant was arrested six times between March 1999 and June 2001 for marijuana possession and related offenses, resulting in convictions or withheld adjudications. Other arrests included loitering/prowling in 1999, allowing minors to drink in 2000, and a 2002 petit theft conviction for tampering with lottery tickets, leading to a two-day jail sentence and a $50 fine. He was also convicted of DUI in either 2004 or 2005.

Crucially, the applicant deliberately omitted or falsified information on his December 31, 2003, security clearance application (SF 86). He failed to disclose a previous employer, most drug-related arrests, his petit theft arrest, the full extent of his marijuana abuse, and his use of cocaine and LSD, admitting these omissions were to avoid jeopardizing his clearance. The judge found that the applicant failed to mitigate the security concerns, leading to the denial.

Why the Applicant Was Denied

The applicant had a history of multiple arrests and convictions for drug-related offenses and criminal conduct.
He deliberately provided false answers on his security clearance application, which raised significant trustworthiness concerns.
The applicant failed to demonstrate successful rehabilitation or mitigating circumstances regarding his past conduct.

Conditions Referenced

Disqualifying

DC 1raisedAllegations or Admission of Criminal Conduct
DC 2raisedA Single Serious Crime or Multiple Lesser Offenses
DC 1raisedAny Drug Abuse
DC 2raisedIllegal Drug Possession, Including Cultivation, Processing, Manufacture, Purchase, Sale, or Distribution
DC 2raisedThe Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts

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 7, 2005
Answer filedJan 9, 2006
Hearing heldMar 24, 2006
Decision dateAug 24, 2006

Cite For

Denial Based on Extensive Criminal History Under Guideline J
Failure to Disclose Relevant Information Under Guideline E
Drug Involvement Concerns Under Guideline H

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities applies.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	—	—	—
2.b–2.d	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The deliberate omission, concealment, or falsification of relevant and material facts from any personnel security questionnaire, personal history statement, or similar form used to conduct investigations, determine employment qualifications, award benefits or status, determine security clearance eligibility or trustworthiness, or award fiduciary responsibilities applies.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

—

2.b–2.d

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

Against Applicant

—

¶	Allegation	Finding	Incident	Response	Disqualifying (¶22)	Mitigating applied (¶23)	Mitigation
1.a	The applicant was arrested for driving under the influence of alcohol (DUI) in either 2004 or 2005.	Against Applicant	DUI or DWI Alcohol	Denied	—	—	—
1.b–1.j	9 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)	Mixed			—	—	—

Allegation

Finding

Incident

Response

Disqualifying (¶22)

Mitigating applied (¶23)

Mitigation

1.a

The applicant was arrested for driving under the influence of alcohol (DUI) in either 2004 or 2005.

Against Applicant

DUI or DWI Alcohol

Denied

—

1.b–1.j

9 sub-charges — specific text not stated in this decision (rulings shown). (low confidence)

Mixed

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
3.a	Applicant used marijuana from about 1997 to sometime in late 2002. He used the substance on a daily basis while in high school and about three to five times a week thereafter.	Against Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
3.b	Applicant purchased about $30.00 worth of marijuana weekly, and, on occasion, would sell the excess that he did not use himself.	Against Applicant	Marijuana	Regular	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
3.c	Applicant used cocaine about ten times in 2000.	Against Applicant	Cocaine	Occasional	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
3.d	Applicant used LSD on three occasions between 1998 and 2001.	Against Applicant	LSD	Occasional	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
3.e	Applicant quit using drugs completely in 2002 at his now wife's urging based upon her religious beliefs that he has now accepted as his own.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—
3.f	The only drug abuse program he ever attended was while in high school, which of course was followed by years of further drug abuse.	Against Applicant	Unspecified Drug Involvement	Not Applicable	Admitted	(a) any substance misuse (b) testing positive for an illegal drug	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

3.a

Applicant used marijuana from about 1997 to sometime in late 2002. He used the substance on a daily basis while in high school and about three to five times a week thereafter.

Against Applicant

Marijuana

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

3.b

Applicant purchased about $30.00 worth of marijuana weekly, and, on occasion, would sell the excess that he did not use himself.

Against Applicant

Marijuana

Regular

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

3.c

Applicant used cocaine about ten times in 2000.

Against Applicant

Cocaine

Occasional

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

3.d

Applicant used LSD on three occasions between 1998 and 2001.

Against Applicant

LSD

Occasional

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

3.e

Applicant quit using drugs completely in 2002 at his now wife's urging based upon her religious beliefs that he has now accepted as his own.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

3.f

The only drug abuse program he ever attended was while in high school, which of course was followed by years of further drug abuse.

Against Applicant

Unspecified Drug Involvement

Not Applicable

Admitted

(a) any substance misuse

(b) testing positive for an illegal drug

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	Applicant was arrested six times between March 1999 and June 2001 and charged with possession of marijuana and other related offenses. On each occasion, with the exception of an arrest that occurred in March 2001, Applicant was either found guilty or had adjudication of guilt withheld pending payment of a fine.	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	—	—
1.b	Applicant was arrested for loitering/prowling in September 1999 after he cut through school property. Adjudication of guilt was withheld and he was placed on six months unsupervised probation and ordered to pay a fine.	Against Applicant	Unspecified Criminal Conduct	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.c	Applicant was arrested for allowing minors to drink at a party at his house in August 2000. He was held for a short time in jail and the charge was apparently dismissed.	Against Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.d	In September 2002, Applicant was fired from a job and arrested as a result of his actions in tampering with lottery tickets he was to sell in order to determine which were winning tickets that he would then purchase himself. He was charged with petit theft, convicted and sentenced to two days in jail, and fined $50.00.	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	—	—
1.e	Applicant used marijuana from about 1997 to sometime in late 2002. He used the substance on a daily basis while in high school and about three to five times a week thereafter. He purchased about $30.00 worth of marijuana weekly, and, on occasion, would sell the excess that he did not use himself.	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	—	—
1.f	Applicant used cocaine about ten times in 2000 and LSD on three occasions between 1998 and 2001.	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	—	—
1.g	Applicant executed a security clearance application (SF 86) on December 31, 2003, subject to the criminal penalties imposed by 18 U.S.C. § 1001. In response to the applicable questions, he failed to disclose, as required, that he had been employed at the location from which he was fired in September 2002, all of his drug related arrests with the exception of a single 1999 marijuana possession charge, his arrest for petit theft, the full extent of his marijuana abuse, and his use of cocaine and LSD.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.h	Applicant acknowledged the omissions were because he feared disclosure of the information would make him look bad and jeopardize his ability to obtain a security clearance.	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.i	Applicant was convicted of driving under the influence of alcohol (DUI) in either 2004 or 2005 and had to pay a substantial fine.	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—
1.j	specific text not stated in this decision	Unknown	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

Applicant was arrested six times between March 1999 and June 2001 and charged with possession of marijuana and other related offenses. On each occasion, with the exception of an arrest that occurred in March 2001, Applicant was either found guilty or had adjudication of guilt withheld pending payment of a fine.

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

—

1.b

Applicant was arrested for loitering/prowling in September 1999 after he cut through school property. Adjudication of guilt was withheld and he was placed on six months unsupervised probation and ordered to pay a fine.

Against Applicant

Unspecified Criminal Conduct

Convicted

Admitted

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

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

—

1.c

Applicant was arrested for allowing minors to drink at a party at his house in August 2000. He was held for a short time in jail and the charge was apparently dismissed.

Against Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

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

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

—

1.d

In September 2002, Applicant was fired from a job and arrested as a result of his actions in tampering with lottery tickets he was to sell in order to determine which were winning tickets that he would then purchase himself. He was charged with petit theft, convicted and sentenced to two days in jail, and fined $50.00.

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

—

1.e

Applicant used marijuana from about 1997 to sometime in late 2002. He used the substance on a daily basis while in high school and about three to five times a week thereafter. He purchased about $30.00 worth of marijuana weekly, and, on occasion, would sell the excess that he did not use himself.

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

—

1.f

Applicant used cocaine about ten times in 2000 and LSD on three occasions between 1998 and 2001.

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

—

1.g

Applicant executed a security clearance application (SF 86) on December 31, 2003, subject to the criminal penalties imposed by 18 U.S.C. § 1001. In response to the applicable questions, he failed to disclose, as required, that he had been employed at the location from which he was fired in September 2002, all of his drug related arrests with the exception of a single 1999 marijuana possession charge, his arrest for petit theft, the full extent of his marijuana abuse, and his use of cocaine and LSD.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

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

—

1.h

Applicant acknowledged the omissions were because he feared disclosure of the information would make him look bad and jeopardize his ability to obtain a security clearance.

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

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

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

—

1.i

Applicant was convicted of driving under the influence of alcohol (DUI) in either 2004 or 2005 and had to pay a substantial fine.

Against Applicant

DUI or DWI Criminal

Convicted

Admitted

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

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

—

1.j

specific text not stated in this decision

Unknown

Unspecified Criminal Conduct

—

Unknown

—

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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

DECISION

FOOTNOTES

CONCLUSION

FORMAL FINDINGS