Loading case…

Summary

The applicant, a 48-year-old defense contractor, sought a DoD security clearance but was denied due to a history of criminal conduct and personal dishonesty. The judge found that the applicant had engaged in multiple instances of criminal behavior, including forgery and passing fictitious checks, and had intentionally provided false information during the clearance process. Although the applicant's financial difficulties were acknowledged as largely beyond her control, the overall pattern of misconduct led to the denial of her clearance.

Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: The Government alleges that the Applicant is ineligible for clearance because she intentionally falsified material aspects of her personal background during the clearance screening process (2.a). In a sworn statement dated December 9, 1997, before a Special Agent from DIS, the Applicant denied having a driver's license that cited a specific street address during the events which led up to her 1997 arrest (2.b). The Applicant denies her indebtedness to a creditor in the amount of approximately $4,500.00, for a judgment entered against her in approximately October 1996. The Applicant's credit report reflects this judgment. (See, Government Exhibit 7). As of January 14, 1998, this debt has not been satisfied (3.c). The Applicant admits her indebtedness to a bank in the amount of approximately $5,878.00, for a delinquent account since June 1995. As of January 14, 1998, this debt has not been satisfied (3.d). The Applicant admits her indebtedness to a creditor in the amount of approximately $3,278.00, for a delinquent account since October 1995. As of January 14, 1998, this debt has not been satisfied (3.e). The Applicant admits her indebtedness to a bank in the amount of approximately $5,876.00, for a delinquent account since April 1996. As of January 14, 1998, this debt has not been satisfied (3.f). The Applicant's vehicle was repossessed sometime after June 1997 because she was unable to make timely payments to the creditors holding the loan (3.g). In March 1994, the Applicant was arrested for Forgery of Check, Possession of a Forged Driver's License, and Receiving Stolen Property. She pled guilty to Forgery of Check. She was sentenced to 15 days in jail, fined $575.00, and placed on probation for two years (1.a). In February 1997, the Applicant was arrested for Burglary, Burglary in the second degree, and Passing a Fictitious Check. She pled guilty, was sentenced to 30 days in jail, ordered to pay restitution in the amount of approximately $100.00, and to complete 18 days of community service (1.b). The evidentiary record has been reviewed, but it does not contain sufficient evidence in mitigation which will overcome or outweigh the negative effects of the Applicant's repeated false statements to DoD, all of which were provided under a certification of truth or a sworn oath (1.c).

The judge denied the clearance. The government raised disqualifying conditions J1, E2. The judge applied mitigating conditions F3. The decision turned on the following: The applicant had a history of criminal conduct, including two felony convictions for forgery and passing fictitious checks; The applicant provided false information in sworn statements regarding her criminal history, demonstrating a pattern of dishonesty; The applicant failed to respond to the Government's File of Relevant Material, leaving the record silent on rehabilitation.

Why the Applicant Was Denied

• The applicant had a history of criminal conduct, including two felony convictions for forgery and passing fictitious checks.
• The applicant provided false information in sworn statements regarding her criminal history, demonstrating a pattern of dishonesty.
• The applicant failed to respond to the Government's File of Relevant Material, leaving the record silent on rehabilitation.

Conditions Referenced

Key Rule Quoted

“The Government must be able to place a high degree of confidence in a security clearance holder to abide by all security rules and regulations at all times and in all places.”

Procedural Posture

• SOR issuedJun 15, 1998
• Answer filedJul 3, 1998Applicant elected to have the case determined on a written record.
• Hearing held—No hearing; case determined on written record.
• Decision dateJan 27, 1999

Cite For

• Pattern of Dishonesty Under Guideline E
• Criminal Conduct as a Disqualifying Factor Under Guideline J
• Financial Difficulties Mitigated by Circumstances Beyond Control Under Guideline F