PSH-21-0006 - In the Matter of Personnel Security Hearing

On April 6, 2021, an Administrative Judge (AJ) determined that an Individual's access authorization should not be restored under 10 C.F.R. Part 710. The Individual is employed by a DOE contractor in a position that requires a security clearance. The Individual self- reported that he was being extorted by two individuals with whom he had primarily communicated by text message. He also reported that he had paid thousands of dollars to the extorters, over several separate transactions, in response to their demands and to prevent them from disclosing sexually charged text messages and images they obtained through the aforementioned communication. After receiving additional information from the Individual, the DOE suspended the Individual's security clearance citing Guideline E of the Adjudicative Guidelines.

At the hearing, the Individual did not dispute the DOE's allegations but rather provided documents and witness testimony in an attempt to resolve the security concerns. At the conclusion of the hearing, the AJ determined that the DOE appropriately invoked Guideline E, and the Individual failed to resolve the security concerns. First, the AJ determined that the Individual did not promptly report the issue. Second, the AJ rejected the Individual's testimony that his failure to disclose the extortion earlier in the process resulted from his belief, at the time, that his personal life could not affect his professional life. Third, the AJ found that the Individual had not taken sufficient positive steps to alleviate the circumstances that contributed to untrustworthy and inappropriate behavior. Accordingly, the AJ concluded that the Individual's access authorization should not be restored. OHA Case No. PSH-21- 0006 (James P. Thompson III).