ISCR Case 17-02846.h1

Case Headnote

ISCR Case No. 17-02846.h1

grantedJun 4, 2018· Hon. Carol G. Ricciardello· hearing

Summary

A 50-year-old naturalized U.S. citizen, originally from Iraq, was granted a security clearance despite concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The Statement of Reasons cited his family ties in Iraq, potential for foreign exploitation or conflict of interest, and substantial foreign financial interests. Additionally, he faced allegations for several delinquent medical debts, totaling $985, $6,636, $479, $367, $551, $129, and $269, along with being behind on car payments with an $817 past due amount and a $13,459 balance owed.

The applicant successfully mitigated these concerns. He demonstrated a commitment to resolving his financial issues by settling multiple debts, including those for $479, $367, and $551 in October 2017 and March 2018, respectively, and paying debts for $129 and $269 in 2016 or 2017. He also admitted to owing the remaining medical debts and being behind on car payments.

Regarding foreign influence, the applicant renounced his Iraqi citizenship, now holding only a U.S. passport. His work history with U.S. Forces and the threats he experienced in Iraq further supported his loyalty to U.S. interests, demonstrating a lack of financial interests in Iraq. The judge ultimately found that these actions mitigated the security risks, and the clearance was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated a commitment to resolving his financial issues, settling multiple debts prior to the hearing.
He renounced his Iraqi citizenship and only holds a U.S. passport, reducing foreign influence concerns.
The applicant's work history with U.S. Forces and the threats he faced in Iraq supported his loyalty to U.S. interests.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has family members residing in Iraq, which creates a heightened risk of foreign influence.
AG ¶ 7(b)raisedPotential Conflict of InterestThe applicant's family ties in Iraq could lead to potential coercion or pressure.

Mitigating

AG ¶ 8(a)appliedNature of Relationship with Foreign PersonsThe applicant's relationship with his family in Iraq is unlikely to place him in a position of conflict.
AG ¶ 8(b)appliedMinimal Conflict of InterestThe applicant's deep loyalty to the U.S. and lack of financial interests in Iraq mitigate concerns.
AG ¶ 8(c)appliedCasual Contact with Foreign CitizensThe applicant's contact with family members is infrequent and does not pose a significant risk.

Key Rule Quoted

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

Procedural Posture

SOR issuedAug 31, 2017
Answer filedOct 26, 2017
Hearing heldApr 17, 2018
Decision dateJun 4, 2018

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Resolution of Financial Issues as a Factor in Security Clearance Decisions
Impact of Personal Loyalty and Service History 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.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Contact, regardless of method, with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	For Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.b	Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect classified or sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.	For Applicant	Sibling in Foreign Country Immediate Family GOVT-AFFILIATED	Iraq HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest	—	—
1.c	Substantial business, financial, or property interests in a foreign country, or in any foreign owned or foreign-operated business that could subject the individual to a heightened risk of foreign influence or exploitation or personal conflict of interest.	For Applicant	Unspecified Foreign Relationship Other	Iraq HEIGHTENED RISK	Denied	(f) substantial foreign business, financial, or property interests	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Contact, regardless of method, with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

For Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

—

1.b

Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect classified or sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.

For Applicant

Sibling in Foreign Country

Immediate Family

GOVT-AFFILIATED

Iraq

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

—

1.c

Substantial business, financial, or property interests in a foreign country, or in any foreign owned or foreign-operated business that could subject the individual to a heightened risk of foreign influence or exploitation or personal conflict of interest.

For Applicant

Unspecified Foreign Relationship

Other

Iraq

HEIGHTENED RISK

Denied

(f) substantial foreign business, financial, or property interests

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	Applicant admitted he owed the medical debts in SOR ¶¶ 2.a ($985) $985	For Applicant	Medical Debt	Admitted	—	—	—
2.b	Applicant admitted he owed the medical debts in SOR ¶¶ 2.b ($6,636) $6,636	For Applicant	Medical Debt	Admitted	—	—	—
2.c	Applicant settled the debt in SOR ¶ 2.c ($479) in October 2017 $479	For Applicant	Medical Debt	Admitted	—	—	—
2.d	Applicant settled the balance owed on the debt in SOR ¶ 2.d ($367) in March 2018 $367	For Applicant	Medical Debt	Admitted	—	—	—
2.e	Applicant settled the balance owed on the debt in SOR ¶ 2.e ($551) in March 2018 $551	For Applicant	Medical Debt	Admitted	—	—	—
2.f	Applicant testified he got behind on his car payments (SOR ¶ 2.f-amount past due $817, balance owed $13,459) $13,459	For Applicant	Auto Loan Debt	Admitted	—	—	—
2.g	Applicant testified that he paid the debts in SOR ¶¶ 2.g ($129) in 2016 or 2017 $129	For Applicant	Unspecified Financial	Admitted	—	—	—
2.h	Applicant testified that he paid the debts in SOR ¶¶ 2.h ($269) in 2016 or 2017 $269	For Applicant	Unspecified Financial	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

Applicant admitted he owed the medical debts in SOR ¶¶ 2.a ($985)

$985

For Applicant

Medical Debt

Admitted

—

2.b

Applicant admitted he owed the medical debts in SOR ¶¶ 2.b ($6,636)

$6,636

For Applicant

Medical Debt

Admitted

—

2.c

Applicant settled the debt in SOR ¶ 2.c ($479) in October 2017

$479

For Applicant

Medical Debt

Admitted

—

2.d

Applicant settled the balance owed on the debt in SOR ¶ 2.d ($367) in March 2018

$367

For Applicant

Medical Debt

Admitted

—

2.e

Applicant settled the balance owed on the debt in SOR ¶ 2.e ($551) in March 2018

$551

For Applicant

Medical Debt

Admitted

—

2.f

Applicant testified he got behind on his car payments (SOR ¶ 2.f-amount past due $817, balance owed $13,459)

$13,459

For Applicant

Auto Loan Debt

Admitted

—

2.g

Applicant testified that he paid the debts in SOR ¶¶ 2.g ($129) in 2016 or 2017

$129

For Applicant

Unspecified Financial

Admitted

—

2.h

Applicant testified that he paid the debts in SOR ¶¶ 2.h ($269) in 2016 or 2017

$269

For Applicant

Unspecified Financial

Admitted

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES