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Have a Marine situation and a question



I am defending a former Marine’s security clearance.

 

The only issue is this:

 

Mr. Morris is 26 years of age. For a six month period between 2006 and 2007, he and an accomplice received money from the U.S. military that they were not entitled to due to Mr. Morris' creation of a fraudulent leasing agreement. Such conduct is concerning on its own, but when considered in combination with the trust that had been placed in Mr. Morris by the military, the behavior is further exacerbated. Mr. Morris engaged in behavior that represents an unwillingness to abide by laws, rules, and regulations; serious concerns when determining whether an individual should be entrusted with access to some of this nation's most sensitive information.      

 

He explains the situation as follows:

 

      11. Before officially checking-in with the command in 2007, under the assumption that I would receive basic housing allowance, I eagerly signed a leasing agreement and began furnishing my new apartment.  Up to this point I had always lived in the barracks. I wanted to settle in as quickly as possible so I could begin my job at NSA without interruption. As I checked in I learned that due to housing authority politics, the Navy was no longer authorizing off-post requests. I sought relief from the Command but they were unable to provide any support, thus leaving me with the option of canceling my lease—and thereby accepting the financial penalty, and then storing all my furniture—or continue the lease and pay the cost from a rather unsubstantial paycheck.

 

      12. Another Marine who had recently checked in—a married reservist who was unaffected by the aforementioned issues—and overheard my discussions with the Command offered up another option. As he was currently searching for suitable off post housing, he offered to sublet the apartment from me until the issue was resolved. The figure we decided upon was around $1300-1400/month; $1100 for base cost of the apartment, and $200-300 for utilities (as I would continue paying gas, electric, water, and the cable bill) and the use of my furniture. We believed this to be a comparable rate to what the apartment complex offered for a furnished apartment.

 

      13. My mistake, and one which was contrary to my values and conduct, was ignoring the additional $500 he tacked on to the leasing agreement between us for his profit. Thus, he planned to submit an invoice for a total of $1900 to the Marine Corps. As I was stressed from the predicament and the fact that I was about to attend one of the NSA’s most demanding courses, I was admittedly only concerned with resolving my own immediate issues and needs. This would continue for about 5-6 months until my off-post request was authorized. Unable to appreciate the consequences of my actions then in a vacuum, I now realize I was presented with an integrity-check moment and I failed.

 

Then one of his supports, a MSgt, sent me this:

 

 

I am not sold yet on the argument but it has me thinking. Did he actually do anything wrong? I think it probably still does not pass the smell test, but was it really fraud or criminal conduct? He probably was not allowed to sublet but that is a separate issue.

 

Thoughts would be welcome!

 

Mark

 

 

 

 

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Mark S. Zaid, Esq.
Mark S. Zaid, P.C.
1250 Connecticut Avenue, N.W.
Suite 200
Washington, D.C. 20036
(202) 454-2809 direct
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