ISCR Case 19-02177

Case Headnote

ISCR Case No. 19-02177

deniedMay 21, 2020· Hon. Richard A. Cefola· hearing

Summary

A 60-year-old applicant was denied a security clearance under Guideline B (Foreign Influence) due to significant connections to Russia. The Statement of Reasons detailed that the applicant's father, sister, and two children from a previous marriage are Russian citizens and residents. Additionally, the applicant has two friends and two associates who are Russian citizens and residents, with the associates also employed by the Russian government. These facts raised Disqualifying Conditions AG ¶ 7(a) and AG ¶ 7(b).

While Mitigating Conditions AG ¶ 8(a), AG ¶ 8(b), and AG ¶ 8(c) were considered, they were not sufficient to overcome the concerns. The judge determined that the applicant's ties to high-ranking Russian officials posed a substantial risk of foreign influence.

The denial was based on the presence of relatives and associates in Russia, including government employees, which created significant foreign influence concerns. The applicant's infrequent contact with these individuals was deemed insufficient to mitigate the potential risks, and the applicant failed to adequately demonstrate an ability to resolve potential conflicts of interest in favor of U.S. interests.

Why the Applicant Was Denied

The applicant has relatives and associates in Russia, including individuals employed by the Russian government, which raises significant foreign influence concerns.
The applicant's infrequent contact with these individuals does not mitigate the potential risks associated with foreign influence.
The applicant did not sufficiently demonstrate that he could resolve any potential conflicts of interest in favor of U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members or Associates
AG ¶ 7(b)raisedConnections to Foreign Persons or Governments

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant's relationships with high-placed Russian associates pose a significant threat.
AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant's connections create a potential conflict of interest.
AG ¶ 8(c)rejectedCasual and Infrequent ContactThe applicant's infrequent contact does not eliminate the risk of foreign influence.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedAug 28, 2019
Answer filedAug 5, 2019
Hearing held—Decided on the written record without a hearing.
Decision dateMay 21, 2020

Cite For

Foreign Influence Concerns Under Guideline B
Impact of Foreign Contacts on Security Clearance Eligibility
Whole-person Concept in Security Clearance Decisions

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant admits that his father, sister and two children from a previous marriage are citizens and residents of Russia.	For Applicant	Parent in Foreign Country Immediate Family	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.b	Applicant admits that he has two friends who are citizens and residents of Russia.	For Applicant	Friend in Foreign Country Friend	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
1.c	Applicant admits that he has two associates who are citizens and residents of Russia, and who are also employed by the Russian government.	Against Applicant	Business Associate in Foreign Country Business or Professional Associate GOVT-AFFILIATED	Russia HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant admits that his father, sister and two children from a previous marriage are citizens and residents of Russia.

For Applicant

Parent in Foreign Country

Immediate Family

Russia

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

1.b

Applicant admits that he has two friends who are citizens and residents of Russia.

For Applicant

Friend in Foreign Country

Friend

Russia

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

1.c

Applicant admits that he has two associates who are citizens and residents of Russia, and who are also employed by the Russian government.

Against Applicant

Business Associate in Foreign Country

Business or Professional Associate

GOVT-AFFILIATED

Russia

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION