Summary
The applicant, a 60-year-old chiropractor, sought a public trust position but faced allegations under Guideline F (Financial Considerations) and Guideline B (Foreign Influence). He admitted to significant financial debts exceeding $230,000 and acknowledged a relationship with a foreign national from Iran, which raised national security concerns. The judge concluded that the applicant did not demonstrate sufficient trustworthiness or eligibility for the position sought, resulting in a denial of his application.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant has foreign contacts and interests, including but not limited to, business, financial, and property interests, that are a national security concern if they result in divided allegiance (2.1). Applicant is indebted to the Government for student loans that were placed for collection in the approximate amount of $185,575 (1.a). Applicant is indebted to State A, for a tax lien entered against him in August 2013 in the approximate amount of $861 (1.b). Applicant was indebted to a creditor for an account that was charged off in the approximate amount of $171 (1.c). Applicant was indebted to a creditor for an account that was placed in collection in the approximate amount of $2,154 (1.d). Applicant was indebted to a creditor for an account that was placed for collection in the approximate amount of $1,590 (1.e). Applicant was indebted to a creditor for an account that was placed for collection in the approximate amount of $549 (1.f). Applicant is indebted to a creditor for an account that was placed for collection in the approximate amount of $500 (1.g). Applicant is indebted to a creditor for an account that was placed for collection in the approximate amount of $99 (1.h). Applicant is indebted to the Federal Government for a Federal tax lien filed against him in June 2005 in the approximate amount of $41,534 (1.i). Applicant is indebted to State A, for a tax lien filed against him in August 2006, in the approximate amount of $714 (1.j). Applicant is indebted to State A, for a tax lien filed against him in February 1999, then refiled in September 2002, in the approximate amount of $1,030 (1.k).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c), AG ¶ 7(a), AG ¶ 7(b). The decision turned on the following: The applicant has a history of financial distress with significant delinquent debts totaling over $230,000; The applicant's relationship with a foreign national from Iran raised national security concerns due to the country's known risks; The applicant failed to provide sufficient evidence of efforts to resolve his financial issues or mitigate foreign influence concerns.
Why the Applicant Was Denied
- The applicant has a history of financial distress with significant delinquent debts totaling over $230,000.
- The applicant's relationship with a foreign national from Iran raised national security concerns due to the country's known risks.
- The applicant failed to provide sufficient evidence of efforts to resolve his financial issues or mitigate foreign influence concerns.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debt Regardless of the Ability to Do So
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 7(a)raisedContact with a Foreign National That Creates a Heightened Risk of Foreign Exploitation
- AG ¶ 7(b)raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 4, 2018
- Answer filedSep 24, 2018
- Hearing heldDec 6, 2018
- Decision dateFeb 12, 2019
Cite For
- Denial Based on Significant Financial Indebtedness Under Guideline F
- National Security Concerns Arising From Foreign Contacts Under Guideline B
- Failure to Demonstrate Sufficient Mitigation of Trustworthiness Concerns.