Summary
A 45-year-old defense contractor employee with 25 years of service and a confidential clearance faced security concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The allegations included approximately $18,755.40 in delinquent debts, comprising a $4,844 judgment from March 2003, a $5,160 delinquent credit card debt, a $4,052 charged-off credit card debt from January 1999, a $1,149 revolving charge debt, a $1,940 retail charge debt, and a $179 gas services debt. Additionally, the applicant had a January 2001 conviction for conspiracy to violate controlled substances laws, resulting in a $100 fine, and served pretrial probation for a July 2005 assault and battery with a dangerous weapon.
The judge determined that the applicant's financial difficulties were largely due to circumstances beyond her control, specifically former spouses' failures to meet financial obligations and unexpected medical expenses. The applicant demonstrated a commitment to resolving her debts and had taken steps to address these issues.
Given her long history of stable employment and 25 years with a security clearance, along with the mitigating factors regarding her financial situation and low risk of recidivism for past criminal conduct, the applicant's security clearance was GRANTED.
Why the Applicant Prevailed
- The applicant has a long history of stable employment with a defense contractor and has held a security clearance for 25 years.
- Financial difficulties were largely attributed to circumstances beyond her control, including former spouses' failures to meet financial obligations and unexpected medical costs.
- The applicant has taken steps to address her debts and has shown a commitment to resolving her financial issues.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 30(a)raisedCriminal Conduct That Raises Questions About an Individual's Judgment, Trustworthiness, or Reliability
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds.”
Procedural Posture
- SOR issuedJan 19, 2007
- Answer filedFeb 23, 2007Received by DOHA.
- Hearing heldMay 9, 2007Hearing convened with consent of the parties.
- Decision dateJul 18, 2007
Cite For
- Mitigating Conditions Under Guideline F Related to Financial Difficulties Caused by Circumstances Beyond Control
- Application of Mitigating Conditions for Past Criminal Conduct Under Guideline J
- Consideration of Good Faith Efforts to Resolve Debts in Security Clearance Determinations