ISCR Case 99-0712.h1

Case Headnote

ISCR Case No. 99-0712.h1

deniedApr 27, 2000· Hon. Darlene D. Lokey-Anderson· hearing

Summary

A 37-year-old defense contractor was denied a security clearance due to a history of dishonesty, falling under Guideline E (Personal Conduct) and Guideline J (Criminal Conduct). The allegations detailed a pattern of deception, beginning in January 1997 when he was terminated from a federal position for falsifying sick leave requests, sign-in/out sheets, and making false statements to his supervisor.

Further instances of dishonesty included falsifying a resume in March 1998 for his current employer, Company B, by listing employment with Company C that never occurred. On a security clearance application dated February 1, 1998, he failed to list all past employers and falsely answered "No" when asked if he had ever been fired or left a job under unfavorable circumstances. Additionally, the government alleged he failed to disclose on the same application that he resigned from Company E in September 1998 to avoid termination or demotion due to performance issues.

The deliberate falsification on his security clearance application was also alleged to be a violation of 18 U.S.C. Section 1001, a felony. The judge found that this extensive pattern of deception raised serious doubts about his trustworthiness, reliability, and judgment, and the applicant did not provide evidence of rehabilitation or character references to mitigate these concerns, leading to the denial of his security clearance.

Why the Applicant Was Denied

The applicant engaged in a pattern of dishonesty and deception, including falsifying timecards and a security clearance application.
The applicant's conduct demonstrated poor judgment, unreliability, and untrustworthiness.
The applicant failed to provide evidence of rehabilitation or character references to mitigate concerns.

Conditions Referenced

Disqualifying

E2.araisedPersonal Conduct - Reliable, Unfavorable Information Provided by Associates, Employers, Coworkers, Neighbors, and Other Acquaintances.
E2.braisedPersonal Conduct - the Deliberate Omission, Concealment, or Falsification of Relevant and Material Facts From Any Personnel Security Questionnaire.
E2.eraisedPersonal Conduct - A Pattern of Dishonesty or Rule Violations.
J1raisedCriminal Conduct - Any Criminal Conduct, Regardless of Whether the Person Was Formally Charged.

Key Rule Quoted

“The eligibility guidelines established in the DOD Directive identify personal characteristics and conduct that are reasonably related to the ultimate question, posed in Section 2 of Executive Order 10865, of whether it is "clearly consistent with the national interest" to grant an Applicant's request for access to classified information.”

Procedural Posture

SOR issuedJan 11, 2000
Answer filedMar 24, 2000Applicant elected to have the case determined on the written record.
Hearing held—No hearing; case determined on written record.
Decision dateApr 27, 2000

Cite For

Pattern of Dishonesty Under Guideline E
Failure to Demonstrate Rehabilitation Under Guideline J
Impact of Falsification on Security Clearance Eligibility

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
1.a	In January 1997, the Applicant was terminated from a Federal civilian position for requesting sick leave under false pretenses, for falsifying his sign-in/sign out sheets, and for making false statements to his supervisor.	Against Applicant	Falsification of Employment or Other RecordsFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (f) violation of a written commitment made as a condition of employment	—	—
1.b	In March 1998, the Applicant falsified a resume he submitted to his current employer, Company B. He listed a company (Company C), he allegedly worked for from November 1994 through February 1996, when in fact he had never worked for Company C.	Against Applicant	Falsification of Employment or Other RecordsFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (f) violation of a written commitment made as a condition of employment	—	—
1.c	The Applicant completed an application for security clearance dated February 1, 1998, and was required to list his past employment activities, beginning with the present, and working back seven years. The Applicant indicated that he had been employed by the Federal Government and listed all but one of his past employers.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Employment History	Admitted	—	—	—
1.d	The same security clearance application required the Applicant to indicate whether he had ever been fired from a job, quit a job after being told he would be fired, left a job by mutual agreement following allegations of misconduct, or left a job for other reasons under unfavorable circumstances. The Applicant answered 'No'. This was a false answer.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official (f) violation of a written commitment made as a condition of employment	—	—
1.e	The Government further alleges that the Applicant failed to list on his security clearance application dated February 1, 1998, that in September 1998, he resigned from a job with Company E, in lieu of being fired or demoted due to his professional knowledge and abilities not measuring up to the standards required for the duties he was assigned.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Employment History	Admitted	—	—	—
2.a	Applicant's deliberate and intentional falsification on his security clearance application of February 1, 1998, as set forth in subparagraph 1.d., of the SOR, was a violation of 18 United States Code, Section 1001, a felony.	Against Applicant	Falsification Security FormFOUND DELIBERATE	—	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

In January 1997, the Applicant was terminated from a Federal civilian position for requesting sick leave under false pretenses, for falsifying his sign-in/sign out sheets, and for making false statements to his supervisor.

Against Applicant

Falsification of Employment or Other RecordsFOUND DELIBERATE

—

Denied

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

(b) deliberately providing false information to an investigator or official

(f) violation of a written commitment made as a condition of employment

—

1.b

In March 1998, the Applicant falsified a resume he submitted to his current employer, Company B. He listed a company (Company C), he allegedly worked for from November 1994 through February 1996, when in fact he had never worked for Company C.

Against Applicant

Falsification of Employment or Other RecordsFOUND DELIBERATE

—

Denied

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

(b) deliberately providing false information to an investigator or official

(f) violation of a written commitment made as a condition of employment

—

1.c

The Applicant completed an application for security clearance dated February 1, 1998, and was required to list his past employment activities, beginning with the present, and working back seven years. The Applicant indicated that he had been employed by the Federal Government and listed all but one of his past employers.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Employment History

Admitted

—

1.d

The same security clearance application required the Applicant to indicate whether he had ever been fired from a job, quit a job after being told he would be fired, left a job by mutual agreement following allegations of misconduct, or left a job for other reasons under unfavorable circumstances. The Applicant answered 'No'. This was a false answer.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

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

(b) deliberately providing false information to an investigator or official

(f) violation of a written commitment made as a condition of employment

—

1.e

The Government further alleges that the Applicant failed to list on his security clearance application dated February 1, 1998, that in September 1998, he resigned from a job with Company E, in lieu of being fired or demoted due to his professional knowledge and abilities not measuring up to the standards required for the duties he was assigned.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Employment History

Admitted

—

2.a

Applicant's deliberate and intentional falsification on his security clearance application of February 1, 1998, as set forth in subparagraph 1.d., of the SOR, was a violation of 18 United States Code, Section 1001, a felony.

Against Applicant

Falsification Security FormFOUND DELIBERATE

—

Denied

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

(b) deliberately providing false information to an investigator or official

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The Government alleges that the Applicant is ineligible for clearance because he engaged in criminal conduct and violated a Federal criminal statute.	Against Applicant	Fraud or Deception Criminal	Conduct No Charge	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (b) evidence of criminal conduct, regardless of charge or conviction	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The Government alleges that the Applicant is ineligible for clearance because he engaged in criminal conduct and violated a Federal criminal statute.

Against Applicant

Fraud or Deception Criminal

Conduct No Charge

Denied

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

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

—

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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

CONCLUSION

STATEMENT OF CASE

FORMAL FINDINGS

DECISION

FOOTNOTES