Summary
The applicant, a 61-year-old contractor, faced concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). While he successfully mitigated foreign influence issues related to his wife's family in Ukraine and Russia, he failed to mitigate financial concerns due to a history of not timely filing tax returns from 2013 to 2017. The administrative judge denied the security clearance based on the applicant's lack of judgment regarding tax obligations, despite a strong commitment to the U.S.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Foreign contacts with family members in Ukraine and Russia (2.a). Failed to timely file Federal and state income tax returns for tax years 2013-2017 (1.a).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c), AG ¶ 19(f). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant failed to timely file Federal and state income tax returns from 2013 to 2017; The applicant's history of tax filing failures indicated a lack of judgment and reliability.
Why the applicant prevailed
- The applicant mitigated foreign influence concerns related to family in Ukraine and Russia.
Conditions referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Tax Returns
- AG ¶ 20(a)rejectedBehavior Happened Long Ago or InfrequentlyThe applicant's tax filing failures were recent and multiple.
- AG ¶ 20(b)rejectedConditions Beyond the Person's ControlThe applicant's failures were due to procrastination.
- AG ¶ 20(c)rejectedReceived Counseling for the ProblemThere was no evidence of financial or tax counseling.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay DebtsThe applicant did not demonstrate a consistent effort to resolve tax obligations.
Key rule quoted
“"Lack of judgment, or unwillingness to abide by rules and regulations can raise questions about an individual’s reliability, trustworthiness, and ability to protect classified information."”
Procedural posture
- SOR issuedSep 6, 2018
- Answer filedSep 29, 2018Notarized response.
- Hearing heldApr 4, 2019Hearing convened as scheduled.
- Decision dateMar 30, 2020
Cite for
- Mitigation of Foreign Influence Concerns Under Guideline B
- Disqualifying Conditions Related to Financial Considerations Under Guideline F
- Importance of Timely Tax Filing for Security Clearance Eligibility