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ISCR Case 23-02570 — CASE

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ISCR Case 23-02570

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

Case Profile
Decision Date1/14/2025
Statusdenied
LevelHEARING
TypeSTANDARD ISCR
Participants
Applicant Representation: Pro Se
Judge: Roger C. Wesley
Government Counsel: Tara R. Karoian
Case Summary
The applicant in this case was a 35-year-old employee of a defense contractor seeking a security clearance. The Department of Defense issued a Statement of Reasons (SOR) citing concerns under the financial considerations and criminal conduct guidelines. The allegations included failure to file federal and state income tax returns for multiple years, delinquent tax debts, and a history of driving offenses, including driving under the influence (DUI) and driving on a suspended license.
In his response to the SOR, the applicant admitted most allegations, denying only the failure to file state income tax returns for certain years. He attributed his financial issues to his wife's failure to file joint tax returns and cited periods of unemployment as contributing factors to his delinquent debts, which totaled over $31,000. However, he provided no documented payments or credible explanations for his tax filing lapses or the accumulation of debts.
The administrative judge ruled against the applicant, concluding that he did not mitigate the concerns regarding his financial and criminal conduct. The judge noted the applicant's failure to resolve his tax issues and the lack of evidence demonstrating rehabilitation or a change in behavior. The ruling emphasized that the applicant's financial distress and criminal history raised significant doubts about his reliability and trustworthiness, ultimately leading to the denial of his eligibility for access to classified information.
Guidelines Evaluated
- Guideline FFinancial Considerations · Against Applicant
- Guideline JCriminal Conduct · Against Applicant
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Case Headnote

ISCR Case No. 23-02570

deniedJan 14, 2025· Hon. Roger C. Wesley· hearing

Summary

A 35-year-old defense contractor employee was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant failed to file federal income tax returns for 2018 and 2019, and did not file for 2020 and 2021 until July 2023, resulting in an approximate federal tax debt of $1,793 for 2020. Similarly, state income tax returns for at least 2018 and 2019 were not filed, and returns for 2020 and 2021 were also filed in July 2023.

Additionally, the applicant accumulated 12 delinquent debts totaling over $31,000, with no evidence of payment or established payment plans. These financial issues were compounded by a history of criminal conduct.

The applicant incurred multiple charges for driving on a suspended license between January 2015 and February 2023. A driving under the influence (DUI) charge with a BAC of .08% or higher, along with another driving on a suspended license charge, occurred in February 2018. The judge found insufficient evidence to mitigate these financial and criminal concerns, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant failed to file federal and state income tax returns for multiple years, resulting in significant tax debts.
The applicant accumulated 12 delinquent debts exceeding $31,000, with no documented payments or payment plans.
The applicant's history of driving offenses, including a DUI, raised serious concerns about his judgment and reliability.

Conditions Referenced

Disqualifying

DC ¶ 19(a)appliedInability to Satisfy Debts
DC ¶ 19(c)appliedA History of Not Meeting Financial Obligations
DC ¶ 19(f)appliedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns or Failure to Pay Annual Federal, State, or Local Income Tax as Required
DC ¶ 31(b)appliedEvidence of Criminal Conduct

Key Rule Quoted

“Eligibility for access to classified information may only be granted 'upon a finding that it is clearly consistent with the national interest to do so.'”
— Exec. Or. 10865, Safeguarding Classified Information within Industry § 2 (Feb. 20, 1960)

Procedural Posture

SOR issuedJul 29, 2024
Answer filedAug 13, 2024Requested resolution on the written record without a hearing.
Hearing held—No hearing was held.
Decision dateJan 14, 2025

Cite For

Failure to File Tax Returns as a Disqualifying Condition Under Guideline F
Accumulation of Significant Debts as a Disqualifying Condition Under Guideline F
Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J

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 F · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found significant financial concerns under Guideline F, including failure to file federal and state income tax returns and delinquent tax debts. The applicant's claims of mitigation were not accepted, leading to a decision against the applicant on all allegations.

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	failed to file his federal income tax returns for tax years 2018 and 2019, as required file his federal income tax returns for tax years 2020 and 2021 until July 2023	Against Applicant	Tax Filing Failure	Admitted	—	—	—
1.b	is indebted to the Federal Government for delinquent taxes in the approximate amount of $1,793 for tax year 2020 $1,793	Against Applicant	Tax Unpaid	Admitted	—	—	Claimed Debt Paid in Full
1.c	failed to file his state income tax returns for at least tax years 2018 and 2019, as required	Against Applicant	Tax Filing Failure	Denied	—	—	—
1.d	did not file his state income tax returns for tax years 2020 and 2021 until July 2023	Against Applicant	Tax Filing Failure	Admitted	—	—	—
1.e	accumulated 12 delinquent debts exceeding $31,000 $31,000	Against Applicant	Unspecified Financial	Unknown	—	—	—

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

Standardized Decision Profile

SEAD-4 Guideline J (Criminal Conduct) · descriptive summary of a decided case

Posture: Decision on RecordDecided: denied

The judge found against the applicant on allegations of criminal conduct, including multiple charges of driving on a suspended license and a DUI charge. The applicant admitted to most of the allegations, which contributed to the denial of eligibility for access to classified information.

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	incurred multiple driving on a suspended license charges between January 2015 and February 2023	Against Applicant	Traffic Offense Pattern	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—
2.b	incurred a driving under the influence (DUI) charge (BAC .08% or higher) and driving on a suspended license in February 2018	Against Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability	—	—

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

Full decision

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