Summary
A 32-year-old U.S. citizen and office manager for a defense contractor was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline J (Criminal Conduct). The Statement of Reasons cited her mother-in-law, brother-in-law, and sister-in-law residing in Cuba, with her husband sending them $50 to $100 once or twice yearly and intending to visit Cuba.
However, the primary reasons for denial stemmed from the applicant's personal and criminal conduct. She was found to have deliberately falsified her security clearance application by omitting her Cuban relatives and, more critically, by failing to disclose a prior arrest and conviction for shoplifting. This omission was also considered a violation of 18 U.S.C. § 1001 for knowingly and willfully falsifying her application.
While the applicant mitigated concerns related to her husband's family in Cuba, she failed to mitigate the issues concerning her criminal conduct. The adjudicator determined that her deliberate falsification of the application, coupled with her failure to admit to it, raised significant trustworthiness concerns. The shoplifting conviction and the falsification of her application were deemed serious and recent, leading to the denial of her security clearance.
Why the Applicant Was Denied
- The applicant deliberately falsified her security clearance application by failing to disclose her shoplifting conviction.
- The applicant's failure to admit to the deliberate falsification of her application raised significant trustworthiness concerns.
- The applicant's criminal conduct, including the shoplifting conviction and falsification of her application, was deemed serious and recent.
Conditions Referenced
- E2.A5.1.2.2appliedDeliberate Falsification of Security Clearance Application
- E2.A10.1.2.1appliedAllegations or Admissions of Criminal Conduct
- E2.A10.1.2.2appliedEngagement in a Serious Crime or Multiple Lesser Offenses
- E2.A5.1.3.5rejectedMitigation of Deliberate FalsificationThe applicant did not take sufficient positive steps to mitigate her vulnerability to coercion.
- E2.A10.1.3.1rejectedCriminal Behavior Not RecentThe applicant's criminal behavior was deemed recent due to the nature of the falsification.
- E2.A10.1.3.2rejectedIsolated IncidentThe applicant's shoplifting conviction was not an isolated incident due to the additional charge of falsification.
Key Rule Quoted
“"No one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedFeb 2, 2006
- Answer filedFeb 21, 2006
- Hearing heldAug 2, 2006
- Decision dateSep 11, 2006
Cite For
- Deliberate Falsification of Security Clearance Applications Under Guideline E
- Seriousness of Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J
- Consideration of Foreign Influence Under Guideline B in Relation to Family Ties Abroad