ISCR Case 05-16894.h1

Case Headnote

ISCR Case No. 05-16894.h1

deniedSep 25, 2006· Hon. Joseph Testan· hearing

Summary

A 49-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline H (Drug Involvement), and Guideline J (Criminal Conduct). The denial stemmed from a prior felony drug conviction and intentional falsifications on his Security Clearance Application (SCA) dated November 9, 2004.

In June 2002, the applicant was arrested and charged with Possession of Marijuana, Distribution or Selling of Marijuana, and Importation of Marijuana. He pleaded guilty to the first two felony charges in September 2002, receiving a five-year prison sentence, of which he served three months in jail and the remainder on probation, along with a $3,000 fine.

On his 2004 SCA, the applicant intentionally provided false information by denying he had ever been charged with a felony (Question 21), denying he had ever been charged with or convicted of a drug-related crime (Question 24), and denying involvement in the illegal purchase, manufacture, trafficking, production, transfer, shipping, receiving, or sale of cannabis (Question 29). The judge found these falsifications extremely troubling, leading to the denial of his security clearance request.

Why the Applicant Was Denied

The applicant intentionally falsified material facts on his Security Clearance Application, undermining his reliability and trustworthiness.
The applicant's prior felony drug convictions were serious and reflected adversely on his judgment.
The applicant's recent criminal conduct of falsification disqualified him from mitigating conditions related to his past drug offenses.

Conditions Referenced

Disqualifying

E2.A5.1.2.2appliedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire
E2.A10.1.2.2appliedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

E2.A8.1.3.1appliedThe Drug Involvement Was Not Recent
E2.A10.1.3.1rejectedThe Criminal Behavior Was Not RecentApplicant's recent falsifications disqualified him from this mitigating condition.
E2.A10.1.3.2rejectedThe Crime Was an Isolated IncidentApplicant's recent conduct of falsification precluded this mitigating condition.

Key Rule Quoted

“When such an individual intentionally falsifies material facts on a security clearance application, it is extremely difficult to conclude that he or she nevertheless possesses the good judgment, reliability and trustworthiness required of clearance holders.”

Procedural Posture

SOR issuedMay 12, 2006
Answer filedMay 30, 2006
Hearing heldSep 7, 2006
Decision dateSep 25, 2006

Cite For

Intentional Falsification of Material Facts Under Guideline E
Serious Felony Drug Convictions Under Guideline H
Recent Criminal Conduct Affecting Security Clearance Eligibility Under Guideline J

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	Applicant intentionally provided false, material information to the Government in response to three questions on an SCA he executed on November 9, 2004.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.b	In response to Question 21, he denied that he had ever been charged with a felony.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.c	In response to Question 24, he denied that he had ever been charged with or convicted of a drug-related crime.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—
2.d	In response to Question 29, he denied that he had been involved in the illegal purchase, manufacture, trafficking, production, transfer, shipping, receiving, or sale of cannabis.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant intentionally provided false, material information to the Government in response to three questions on an SCA he executed on November 9, 2004.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.b

In response to Question 21, he denied that he had ever been charged with a felony.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.c

In response to Question 24, he denied that he had ever been charged with or convicted of a drug-related crime.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

2.d

In response to Question 29, he denied that he had been involved in the illegal purchase, manufacture, trafficking, production, transfer, shipping, receiving, or sale of cannabis.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

—

¶	Allegation	Finding	Substance / event	Use level	Response	Disqualifying (¶25)	Mitigating applied (¶26)	Mitigation
1.a	In June 2002, applicant was arrested and charged with Possession of Marijuana, Distribution or Selling of Marijuana, and Importation of Marijuana.	For Applicant	Marijuana	Not Applicable	Unknown	(a) any substance misuse	(a) behavior happened long ago / infrequent / unlikely to recur	Credited Passage of Time
1.b	Applicant intentionally provided false, material information to the Government in response to three questions on an SCA he executed on November 9, 2004. (low confidence)	Unknown	Unspecified Drug Involvement	Unspecified	Unknown	(b) testing positive for an illegal drug	—	—

Allegation

Finding

Substance / event

Use level

Response

Disqualifying (¶25)

Mitigating applied (¶26)

Mitigation

1.a

In June 2002, applicant was arrested and charged with Possession of Marijuana, Distribution or Selling of Marijuana, and Importation of Marijuana.

For Applicant

Marijuana

Not Applicable

Unknown

(a) any substance misuse

(a) behavior happened long ago / infrequent / unlikely to recur

Credited

Passage of Time

1.b

Applicant intentionally provided false, material information to the Government in response to three questions on an SCA he executed on November 9, 2004. (low confidence)

Unknown

Unspecified Drug Involvement

Unspecified

Unknown

(b) testing positive for an illegal drug

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
1.a	In June 2002, applicant was arrested and charged with Possession of Marijuana, Distribution or Selling of Marijuana, and Importation of Marijuana. In September 2002, he pleaded guilty to the first two charges (both felonies), and the third charge was dismissed. He was sentenced to five years in prison. He actually served just three months in jail; the other four years and nine months he spent on probation. He was also fined $3,000.00.	Against Applicant	Drug Related Criminal Charge	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
1.b	Applicant intentionally provided false, material information to the Government in response to three questions on an SCA he executed on November 9, 2004. Specifically, in response to Question 21, he denied that he had ever been charged with a felony. In response to Question 24, he denied that he had ever been charged with or convicted of a drug-related crime. And, in response to Question 29, he denied that he had been involved in the illegal purchase, manufacture, trafficking, production, transfer, shipping, receiving, or sale of cannabis.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

1.a

In June 2002, applicant was arrested and charged with Possession of Marijuana, Distribution or Selling of Marijuana, and Importation of Marijuana. In September 2002, he pleaded guilty to the first two charges (both felonies), and the third charge was dismissed. He was sentenced to five years in prison. He actually served just three months in jail; the other four years and nine months he spent on probation. He was also fined $3,000.00.

Against Applicant

Drug Related Criminal Charge

Convicted

Admitted

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

—

1.b

Applicant intentionally provided false, material information to the Government in response to three questions on an SCA he executed on November 9, 2004. Specifically, in response to Question 21, he denied that he had ever been charged with a felony. In response to Question 24, he denied that he had ever been charged with or convicted of a drug-related crime. And, in response to Question 29, he denied that he had been involved in the illegal purchase, manufacture, trafficking, production, transfer, shipping, receiving, or sale of cannabis.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Admitted

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

—

Loading case…

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

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES