Summary
A 60-year-old principal engineer was denied a security clearance under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The denial stemmed from a long-term extramarital affair with a Chinese national and subsequent misrepresentation during a government interview.
Specifically, the applicant engaged in a secret extramarital affair from November 1998 to January 2015 with a Chinese national who became a naturalized U.S. citizen in October 2002. Following his January 2015 divorce, the applicant misrepresented to family and friends that he had not started dating this individual until after his divorce. Furthermore, on November 14, 2017, the applicant falsified material facts during a government interview by stating there was no infidelity in his previous marriage.
Additional concerns under Guideline B involved the applicant's wife, a naturalized U.S. citizen who travels to China approximately every other year to visit her elderly mother, a citizen and resident of China. The judge found insufficient evidence to mitigate concerns regarding personal conduct and foreign influence, particularly given the applicant's connections to China through his wife and her family, leading to the denial.
Why the applicant was denied
- The applicant engaged in a 17-year extramarital affair with a Chinese national, raising significant security concerns.
- The applicant misrepresented facts during a government interview, indicating a lack of candor and questionable judgment.
- The applicant's connections to China through his wife and her family created a heightened risk of foreign exploitation or coercion.
Conditions referenced
- AG ¶ 6raisedForeign Contacts and Interests
- AG ¶ 15raisedPersonal Conduct
- AG ¶ 17rejectedMitigating Conditions for Personal ConductThe applicant did not demonstrate significant changes in behavior to mitigate concerns.
- AG ¶ 8rejectedMitigating Conditions for Foreign InfluenceThe applicant's connections to the U.S. were outweighed by his and his wife's connections to China.
Key rule quoted
“"Any doubt concerning personnel being considered for access to classified information will be resolved in favor of the national security."”
Procedural posture
- SOR issuedSep 4, 2019
- Answer filedSep 24, 2019
- Hearing heldJul 17, 2020Closed hearing granted.
- Decision dateAug 10, 2020
Cite for
- Denial of Clearance Due to Long-term Extramarital Affair Under Guideline E
- Foreign Influence Concerns Due to Connections with Family in China Under Guideline B
- Insufficient Evidence to Mitigate Personal Conduct and Foreign Influence Concerns.