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PSH-12-0071 - In the Matter of Personnel Security Hearing

On October 24, 2012, an OHA Hearing Officer issued a decision in which he determined that an individual’s DOE access authorization should not be restored.  Criminal charges and civil had been filed against the individual for “Computer Crime and Grand Theft and   a trial had been conducted in the civil lawsuit with a jury had awarding a $2.1 million judgment against him and two other defendants, for Breach of Fiduciary Duty, violation of a state Trade Secrets Act, and Civil Conspiracy.  The criminal charges were eventually dismissed.  These charges resulted from two incidents.  In the first incident, one to two weeks before he left a former employer to work for a competitor, the Individual backed up the contents of a laptop computer owned by his first employer onto a portable external hard drive that he had purchased.  The individual then kept the information when he went to work for the competitor.  In the second incident, the individual, while working for his first employer, sent an email to his second employer in which provided his future employer with a list position descriptions, salary ranges, and skill descriptions, that mirrored key employees at his first employer that would be useful for his second employer when it sought to compete with his first employer.

The Hearing Officer found that the individual had not mitigated any of these security concerns at the hearing.

Steven Fine - Hearing Officer