Summary
The applicant, a 48-year-old co-owner of an aerospace company, faced allegations under Guideline H for drug involvement and Guideline B for foreign influence. He admitted to using marijuana and providing loans to marijuana businesses, while also having a Colombian girlfriend and financial ties to her family. The administrative judge found against the applicant on both guidelines, concluding that he failed to mitigate the security concerns, resulting in the denial of his security clearance.
Under Guideline B (Foreign Influence) and Guideline H (Drug Involvement), the Statement of Reasons alleged the following: Applicant’s girlfriend is a citizen of Colombia (2.a). Applicant’s girlfriend’s brother is a career member of the Colombian Army (2.b). Since 2017, Applicant has provided multi-million dollar financial investments and loans to some foreign national business partners (2.c). Applicant used marijuana with varying frequencies from about October 1992 through at least October 2019 (1.a). In March 2017, Applicant provided a 1.75 million dollar loan to a company that was in the business of cultivating marijuana (1.b). In July 2017, he made another loan to a company to allow them to build a marijuana greenhouse and cultivate marijuana (1.c).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 24, AG ¶ 6. The decision turned on the following: The applicant admitted to using marijuana and providing loans to marijuana businesses, which raised significant security concerns under Guideline H; The applicant's close relationship with his Colombian girlfriend and financial support for her family created potential foreign influence risks under Guideline B.
Why the applicant was denied
- The applicant admitted to using marijuana and providing loans to marijuana businesses, which raised significant security concerns under Guideline H.
- The applicant's close relationship with his Colombian girlfriend and financial support for her family created potential foreign influence risks under Guideline B.
Conditions referenced
- AG ¶ 24raisedDrug Involvement and Substance Misuse
- AG ¶ 6raisedForeign Influence
Key rule quoted
“Any doubt concerning personnel being considered for national security eligibility will be resolved in favor of the national security.”
Procedural posture
- SOR issuedMay 10, 2022
- Answer filedMay 30, 2022
- Hearing heldAug 25, 2022
- Decision dateMar 3, 2023
Cite for
- Security Concerns Related to Drug Involvement Under Guideline H
- Foreign Influence Risks Associated with Close Relationships to Foreign Nationals Under Guideline B
- The Importance of Compliance with Federal Law for Security Clearance Eligibility