Summary
The applicant, a 44-year-old defense contractor, faced security concerns under Guideline F due to significant delinquent debts totaling over $150,000, including an IRS judgment and a mortgage in foreclosure. Despite admitting to some debts and claiming to have settled others, he provided no documentary evidence to support his assertions or demonstrate financial responsibility. The judge found that the applicant failed to mitigate the financial concerns, leading to a denial of his security clearance.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant has a delinquent debt owed to the IRS for a judgment filed in November 2016 for $51,355 (1.a). Applicant has a delinquent debt for $931 (1.b). Applicant has a delinquent debt for $2,784 (1.c). Applicant has a delinquent debt for $1,635 (1.d). Applicant has a delinquent debt for $1,603, which he claims to have paid (1.e). Applicant has a delinquent debt for $611, which he denies owing (1.f). Applicant has a delinquent debt for $383, which he claims to have paid (1.g). Applicant has a delinquent debt for $104, which he denies owing (1.h). Applicant has a delinquent debt for $41, which he denies owing (1.i). Applicant has a delinquent debt for $75,322, which he claims to have paid (1.j). Applicant has a delinquent debt for $14,556, which he claims to have paid (1.k). Applicant has a delinquent debt for $240 (1.l). Applicant has a delinquent debt for $205 (1.m). Applicant has a delinquent debt for $177, which he claims to have paid (1.n). Applicant has a delinquent debt for $66 (1.o). Applicant has a delinquent debt for $26, which he denies owing (1.p).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(b), AG ¶ 19(c), AG ¶ 19(f). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e), AG ¶ 20(g). The decision turned on the following: Applicant failed to provide evidence of resolving or managing his delinquent debts; The applicant did not demonstrate a good-faith effort to repay overdue creditors or provide proof of financial counseling; The applicant's financial issues raised concerns about his reliability and trustworthiness.
Why the Applicant Was Denied
- Applicant failed to provide evidence of resolving or managing his delinquent debts.
- The applicant did not demonstrate a good-faith effort to repay overdue creditors or provide proof of financial counseling.
- The applicant's financial issues raised concerns about his reliability and trustworthiness.
Conditions Referenced
- AG ¶ 19(a)raisedInability to Satisfy Debts
- AG ¶ 19(b)raisedUnwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 19(f)raisedFailure to File or Pay Taxes
- AG ¶ 20(a)rejectedBehavior Occurred Long Ago or InfrequentlyApplicant's debts arose between 2012 and 2016 and continue to date.
- AG ¶ 20(b)rejectedConditions Beyond ControlApplicant did not explain factors contributing to his financial problems.
- AG ¶ 20(c)rejectedFinancial Counseling ReceivedNo evidence of financial or credit counseling was provided.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay DebtsApplicant did not provide evidence of payment plans or efforts to adhere to them.
- AG ¶ 20(e)rejectedDispute Legitimacy of DebtsApplicant did not provide evidence to dispute the debts he denied owing.
- AG ¶ 20(g)rejectedArrangements with Tax AuthorityNo evidence of arrangements with the IRS to resolve tax debt was provided.
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 issuedSep 15, 2017
- Answer filedNov 13, 2017Applicant requested decision on the written record.
- Hearing held—No hearing; decision made on the written record.
- Decision dateOct 3, 2018
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Insufficient Evidence of Financial Responsibility
- Impact of Delinquent Debts on National Security Eligibility