Summary
A 34-year-old defense contractor employee was denied eligibility for access to sensitive information due to concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The denial stemmed from a lengthy history of delinquent debts totaling over $16,900 and the falsification of his Trustworthiness Application regarding these financial obligations.
The Statement of Reasons detailed multiple allegations, including a deliberate omission, concealment, or falsification of relevant facts on his security questionnaire. The applicant claimed three debts totaling $2,685 were fraudulently opened in his name. He admitted to three other delinquent debts totaling $6,482, owed to a jewelry store, a credit union, and a university. He denied four additional debts, stating he did not know what they were, and claimed to have paid a $1,738 judgment debt. Two apartment-related debts were also reported in collections by a collection agency.
The administrative judge denied the clearance, citing the applicant's ongoing financial irresponsibility and deliberate omissions in his application. The judge concluded that the applicant's financial problems were largely due to his own choices, including periods of unemployment and voluntary separation from his wife, and that he had a lengthy history of delinquent debt he could not repay.
Why the Applicant Was Denied
- The applicant has a lengthy history of delinquent debt that he cannot repay.
- He falsified his Trustworthiness Application concerning his debts.
- The applicant's financial problems were largely due to his own choices, including periods of unemployment and voluntary separation from his wife.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago, Was Infrequent, or Unlikely to RecurThe applicant's financial irresponsibility spans over a decade and continues.
- AG ¶ 20(b)rejectedConditions Beyond the Person's ControlThe applicant's financial issues were due to his own choices.
- AG ¶ 20(c)rejectedReceived Counseling for the ProblemThe applicant's previous counseling ended due to non-compliance.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue CreditorsThe applicant provided no proof of resolution or repayment of debts.
- AG ¶ 20(e)rejectedReasonable Basis to Dispute Legitimacy of Past-due DebtThe applicant provided no documented proof to substantiate his disputes.
Key Rule Quoted
“A person who applies for access to sensitive information seeks to enter into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedApr 4, 2008
- Answer filedApr 28, 2008Applicant requested a hearing.
- Hearing heldJun 25, 2008Hearing was convened as scheduled.
- Decision dateAug 29, 2008
Cite For
- Deliberate Omission and Falsification of Financial Information Under Guideline E
- Ongoing Financial Irresponsibility as a Disqualifying Condition Under Guideline F
- Criminal Conduct Related to Falsification of Information Under Guideline J