Summary
A 51-year-old associate at a consulting firm was initially denied a security clearance due to financial considerations under Guideline F. The Statement of Reasons cited several issues, including a federal tax lien from September 2015 for approximately $92,401, a state tax lien from March 2012 for about $630, and a mortgage that was 180 days past due for $56,080, with a notice of default filed in May 2015. Additionally, a mortgage foreclosure from 2013 and a second mortgage on the same property had unclear statuses.
The applicant demonstrated significant efforts to mitigate these concerns. She established a payment plan with the IRS for the federal tax lien, which had its collection temporarily suspended. She also satisfied the state tax lien and the past-due mortgage amount. The judge noted that her financial difficulties were largely attributable to health issues and unemployment, factors beyond her control.
Ultimately, the judge found that the applicant had taken a proactive approach to resolving her financial obligations and had satisfied several debts. These mitigating factors led to the decision to grant the security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a proactive approach to resolving her financial issues, including contacting the IRS to establish a payment plan.
- The applicant satisfied several debts, including a state tax lien and a past-due mortgage amount.
- The applicant's financial difficulties were largely due to health issues and unemployment, which were beyond her control.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts Regardless of the Inability to Do So
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure 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
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedIndividual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJan 18, 2017
- Answer filedFeb 10, 2017
- Hearing heldJun 15, 2017
- Decision dateMar 29, 2018
Cite For
- Mitigation of Financial Issues Under Guideline F Due to Health-related Circumstances
- Proactive Efforts to Resolve Tax Liens and Debts
- Whole-person Concept Applied in Financial Considerations Cases