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ISCR Case 21-02605 — CASE

Case record

ISCR Case 21-02605

A decided public DOHA case, shown for research — not advice or a prediction.

Case Profile
Decision Date10/20/2023
Statusgranted
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Richard A. Cefola
Government Counsel: Daniel P. O'Reilley
Case Summary
The applicant in this case was a 64-year-old employee of a defense contractor who had held a security clearance since 2008. The Department of Defense issued a Statement of Reasons (SOR) citing security concerns under Guideline B, specifically related to foreign influence due to the applicant's familial ties to Taiwan. The SOR alleged that the applicant's parents and siblings, all citizens and residents of Taiwan, could create a potential conflict of interest and raise concerns about divided allegiance.
During the hearing, the applicant admitted to all allegations in the SOR, including his connections to family members in Taiwan. He explained that he had limited contact with them, primarily through video calls, and emphasized that his parents were elderly farmers with no interest in his employment details. The government withdrew one allegation during the proceedings. The applicant also highlighted his participation in a successful counterintelligence investigation, which contributed to the withdrawal of one of the allegations.
The administrative judge ruled in favor of the applicant, concluding that the foreign influence concerns were mitigated by the applicant's limited contact with his family, his long-standing loyalty to the United States, and his distinguished history in the defense industry. The judge determined that granting the applicant a security clearance was consistent with the national interest, ultimately finding him eligible for access to classified information.
Guidelines Evaluated
- Guideline BForeign Influence · For Applicant
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Case Headnote

ISCR Case No. 21-02605

grantedOct 20, 2023· Hon. Richard A. Cefola· hearing

Summary

A 64-year-old defense contractor employee with a Ph.D. was granted a security clearance despite concerns under Guideline B (Foreign Influence) related to family ties in Taiwan. The allegations included the applicant's service as a finance officer and second lieutenant in the Taiwanese Army from approximately 1984 to June 1986.

Further concerns involved the applicant's parents, both citizens and residents of Taiwan, with whom the applicant had nearly daily video phone contact. His parents, aged 94 and 84, were farmers and reportedly unaware of his employment details. The applicant also had two brothers, aged 57 and 62, who ran a cafeteria in Taiwan, and a 60-year-old sister who was a salesperson for a food company, all citizens and residents of Taiwan. Contact with his siblings was limited.

Despite admitting to the allegations, the judge determined that the applicant had mitigated the security concerns. This decision was based on the applicant's limited contact with family members in Taiwan, the fact that his elderly parents were unaware of his employment details, and his successful participation in a counterintelligence investigation. The applicant was ultimately granted eligibility for access to classified information.

Why the Applicant Prevailed

The applicant has limited contact with family members in Taiwan, primarily through video calls.
The applicant's parents are elderly farmers unaware of his employment details.
The applicant successfully participated in a counterintelligence investigation.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong U.S. Ties
AG ¶ 8(c)appliedCasual and Infrequent Contact with Foreign Citizens

Key Rule Quoted

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

Procedural Posture

SOR issuedFeb 22, 2023
Answer filedMar 12, 2023
Hearing heldAug 8, 2023Hearing was convened as scheduled.
Decision dateOct 20, 2023

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Limited Family Contact as a Mitigating Factor
Successful Participation in Counterintelligence as a Positive Factor

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

Standardized Decision Profile

SEAD-4 Guideline B (Foreign Influence) · descriptive summary of a decided case

Posture: HearingDecided: granted

The judge found that the applicant's foreign influence concerns were mitigated by limited contact with his family in Taiwan and his participation in a successful counterintelligence investigation. The applicant was granted national security eligibility and a security clearance.

Country conditions:the decision took administrative notice of official facts about the foreign country (the Government’s country submission).

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant served as a finance officer, and second lieutenant, in the Taiwanese Army from about 1984 to about June 1986, more than 27 years ago.	For Applicant	Unspecified Foreign Relationship Other	Taiwan	Admitted	—	—	—
1.b	Applicant’s parents are citizens and residents of Taiwan. They are farmers. His father is 94 years old, and his mother is 84 years old. Applicant has nearly daily contact with his parents by 'video phone.' They are unaware of, and uninterested in, any details about Applicant’s employment.	For Applicant	Parent in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	Claimed Other
1.c	Applicant has two brothers who are both citizens and residents of Taiwan. They are 57 and 62 years old, and 'run their own cafeteria' in Taiwan. He has limited contact with his brothers.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	Claimed Other
1.d	Applicant’s 60-year-old sister is a citizen and resident of Taiwan. She is a 'salesperson for a food company.' Applicant has limited contact with his sister.	For Applicant	Sibling in Foreign Country Immediate Family	Taiwan	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	Claimed Other
1.e	specific text not stated in this decision	For Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Descriptive standardized rendering of a decided public case (Guideline B). The verbatim source decision is shown in full below.

Full decision

The complete, official text — footnotes and signatures included — is in the original PDF.