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ISCR Case 22-01008 — CASE

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ISCR Case 22-01008

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

Case Profile
Decision Date2/1/2023
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Robert Robinson Gales
Government Counsel: Brian L. Farrell
Case Summary
The applicant in this case was a 25-year-old production technician employed by a defense contractor, who applied for a security clearance on May 10, 2021. The Defense Counterintelligence and Security Agency (DCSA) issued a Statement of Reasons (SOR) citing security concerns under Guideline F (Financial Considerations) and Guideline E (Personal Conduct). The core allegations included the intentional filing of fraudulent federal income tax returns for the years 2018 and 2019, resulting in approximately $6,500 in unpaid taxes.
The applicant admitted to the allegations regarding financial considerations, acknowledging that he had intentionally withheld income on his tax returns and owed the IRS money. However, he did not address the personal conduct allegations and failed to provide documentation to support his claims of having rectified his tax issues. He described his actions as immature and attributed them to a desire to keep money to pay off bills. Despite claiming to have made partial payments to the IRS, he did not provide evidence of these payments or any financial stability.
The administrative judge ruled against the applicant, concluding that he failed to mitigate the security concerns related to his financial issues and personal conduct. The judge noted the lack of evidence demonstrating that the applicant's financial problems were under control and emphasized the importance of trustworthiness in granting security clearances. Consequently, the applicant's eligibility for a security clearance was denied.
Guidelines Evaluated
- Guideline EPersonal Conduct · Against Applicant
- Guideline FFinancial Considerations · Against Applicant
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Case Headnote

ISCR Case No. 22-01008

deniedFeb 1, 2023· Hon. Robert Robinson Gales· hearing

Summary

A 25-year-old defense contractor employee was denied a security clearance due to concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The applicant admitted to intentionally filing fraudulent federal income tax returns for 2018 and 2019 by failing to report his total income, resulting in an approximate $6,500 debt to the IRS.

The Statement of Reasons included allegations that the applicant did not address personal conduct concerns, which was registered as a denial. Disqualifying conditions raised included AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(f), AG ¶ 16(a), and AG ¶ 16(b).

The denial was based on the applicant's admission of intentionally filing fraudulent tax returns, his unresolved $6,500 debt to the IRS, and his failure to provide sufficient evidence of efforts to mitigate these financial issues or address the personal conduct allegations. The judge concluded that the applicant lacked the trustworthiness required for access to classified information.

Why the Applicant Was Denied

The applicant admitted to intentionally filing fraudulent tax returns for 2018 and 2019.
He has unresolved debts totaling approximately $6,500 to the IRS.
The applicant did not provide sufficient evidence of efforts to mitigate his financial issues or address personal conduct allegations.

Conditions Referenced

Disqualifying

AG ¶ 19(a)appliedInability to Satisfy Debts
AG ¶ 19(b)appliedUnwillingness to Satisfy Debts
AG ¶ 19(f)appliedFraudulently Filing Income Tax Returns
AG ¶ 16(a)appliedDeliberate Omission or Concealment of Relevant Facts
AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information

Key Rule Quoted

“Eligibility for access to classified information is denied.”

Procedural Posture

SOR issuedJun 2, 2022
Answer filedSep 21, 2022Applicant elected to have his case decided on the written record.
Hearing held—Decision made based on written record.
Decision dateFeb 1, 2023

Cite For

Failure to Mitigate Financial Considerations Under Guideline F
Failure to Address Personal Conduct Issues Under Guideline E
Impact of Fraudulent Tax Filings on Security Clearance Eligibility

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 E (Personal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found against the applicant on the personal conduct allegation, noting that the applicant did not address the allegations pertaining to personal conduct, which was registered as a denial. The applicant's failure to respond to these allegations contributed to the overall decision against granting a security clearance.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant did not address the allegations pertaining to personal conduct, and his failure to do so is registered as a denial.	Against Applicant	Unspecified Personal Conduct	—	Denied	—	—	—

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

Standardized Decision Profile

SEAD-4 Guideline F · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found that the applicant intentionally filed fraudulent federal income tax returns for the years 2018 and 2019, resulting in an unpaid tax debt of approximately $6,500. The applicant's financial issues were not mitigated, leading to a decision against granting the security clearance.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant admitted intentionally filing fraudulent federal income tax returns for the tax years 2018 and 2019 by failing to report his total income for those two years, and that he owed the amounts alleged. $6,500	Against Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability (f) failure to file / fraudulent filing of tax returns or unpaid tax	—	Claimed Debt Paid in Full

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

Full decision

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