Summary
The applicant, a 37-year-old software engineer and naturalized U.S. citizen originally from Taiwan, faced security concerns under Guidelines B (Foreign Influence) and E (Personal Conduct) due to foreign contacts and falsifications on his security clearance application. The judge found that the applicant's significant foreign connections, particularly with his father, and his history of dishonesty undermined his trustworthiness, leading to the denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline E (Personal Conduct), the Statement of Reasons alleged the following: Applicant has family members and friends who are citizens and residents of Taiwan and friends who are citizens and residents of China (1.a). Applicant opened shell accounts while working at the bank and that this conduct was unethical (2.b). Applicant deliberately falsified information in his March 2015 SCA with respect to the reason he left his employment with the bank in 2008 (2.c). Applicant failed to disclose his foreign contacts (2.d). Applicant failed to disclose his sponsorship of his first wife for permanent residency (2.e).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 7(a), AG ¶ 7(b), AG ¶ 16(a), AG ¶ 16(c). The judge applied mitigating conditions AG ¶ 8(b), AG ¶ 17(c). The decision turned on the following: The applicant had significant foreign contacts, including a father who resides in Taiwan, which raised concerns of foreign influence; The applicant falsified information on his security clearance application, including omitting foreign contacts and misrepresenting his employment history.
Why the Applicant Was Denied
- The applicant had significant foreign contacts, including a father who resides in Taiwan, which raised concerns of foreign influence.
- The applicant falsified information on his security clearance application, including omitting foreign contacts and misrepresenting his employment history.
Conditions Referenced
- AG ¶ 7(a)appliedContact with Foreign Family Members
- AG ¶ 7(b)appliedConnections to Foreign Persons Creating Potential Conflict of Interest
- AG ¶ 16(a)appliedDeliberate Omission or Falsification of Relevant Facts
- AG ¶ 16(c)appliedCredible Adverse Information Indicating Questionable Judgment
- AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Deep U.S. Ties
- AG ¶ 17(c)rejectedMinor or Infrequent Offenses Unlikely to RecurThe applicant's misconduct was part of a long pattern of unreliable and dishonest behavior.
Key Rule Quoted
“[N]o one has a ‘right’ to a security clearance.”
Procedural Posture
- SOR issuedJun 6, 2018
- Answer filedAug 17, 2018
- Hearing heldJan 10, 2019conducted via video teleconference
- Decision dateJun 3, 2019
Cite For
- Security Concerns Related to Foreign Influence Under Guideline B
- Issues of Personal Conduct and Dishonesty Under Guideline E
- The Importance of Full Disclosure in Security Clearance Applications