ISCR Case 09-04004.h1

Case Headnote

ISCR Case No. 09-04004.h1

deniedMay 28, 2010· Hon. Rita C. O'Brien· hearing

Summary

A 32-year-old U.S. citizen and security officer, originally from Pakistan, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The Statement of Reasons cited the applicant's contact with foreign family members, connections to a foreign country creating a potential conflict of interest, and sharing living quarters in a way that could heighten foreign manipulation risk. Additionally, the applicant was delinquent on two mortgages, owing approximately $30,000 on the first and $7,500 on the second.

While the applicant agreed to a payment plan for the second mortgage, resolving that debt, the primary concern remained foreign influence. The applicant admitted to close family ties in Pakistan, a country associated with terrorism. Furthermore, the applicant's intention to sponsor his mother for immigration to the U.S. was seen as an indicator of strong obligations that could lead to foreign influence.

Ultimately, despite the mitigation of the financial concerns, these close family ties and the potential for foreign influence were deemed significant security risks. The applicant's financial situation, though partially addressed, did not outweigh the foreign influence concerns, leading to the denial of the security clearance.

Why the Applicant Was Denied

The applicant admitted to having family ties in Pakistan, a country known for harboring terrorists and extremists.
The applicant's plans to sponsor his mother for immigration to the U.S. indicated strong ties of obligation that could lead to foreign influence.
The applicant's financial situation, while mitigated, did not outweigh the security concerns related to foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 7(a)appliedContact with Foreign Family Members
AG ¶ 7(b)appliedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(d)appliedSharing Living Quarters with Foreign Citizens
AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts

Mitigating

AG ¶ 20(a)rejectedBehavior Happened Long Ago
AG ¶ 20(b)appliedThe Individual Has a Good Track Record of Financial Responsibility

Key Rule Quoted

“A security clearance decision is intended only to resolve whether it is clearly consistent with the national interest for an applicant to either receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedDec 23, 2009
Answer filedJan 4, 2010Applicant admitted allegations under Guideline B, denied under Guideline F.
Hearing heldApr 20, 2010
Decision dateMay 28, 2010

Cite For

Security Concerns Related to Foreign Influence Under Guideline B
Financial Considerations Impacting Security Clearance Under Guideline F
The Importance of Familial Ties in Assessing Security Risks

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 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.	Against Applicant	Parent in Foreign Country Immediate Family	Pakistan 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 sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information.	Against Applicant	Sibling in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest	—	—
1.c	specific text not stated in this decision	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—
1.d	Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.	Against Applicant	Cohabitation with Foreign National Immediate Family	Pakistan HEIGHTENED RISK	Admitted	(d) counterintelligence information indicating unacceptable risk	—	—
1.e	specific text not stated in this decision	Against Applicant	Unspecified Foreign Relationship Other	—	Unknown	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Contact 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.

Against Applicant

Parent in Foreign Country

Immediate Family

Pakistan

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 sensitive information or technology and the individual's desire to help a foreign person, group, or country by providing that information.

Against Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

—

1.c

specific text not stated in this decision

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

1.d

Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.

Against Applicant

Cohabitation with Foreign National

Immediate Family

Pakistan

HEIGHTENED RISK

Admitted

(d) counterintelligence information indicating unacceptable risk

—

1.e

specific text not stated in this decision

Against Applicant

Unspecified Foreign Relationship

Other

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	Applicant was $30,000 delinquent on the first mortgage and about $7,500 delinquent on the second mortgage. $30,000	For Applicant	Mortgage or Home Loan Debt	Denied	—	—	—
2.b	Applicant agreed to pay $5,000 in 24 monthly payments of $208.34 for the second mortgage. $5,000	For Applicant	Personal Loan Debt	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

Applicant was $30,000 delinquent on the first mortgage and about $7,500 delinquent on the second mortgage.

$30,000

For Applicant

Mortgage or Home Loan Debt

Denied

—

2.b

Applicant agreed to pay $5,000 in 24 monthly payments of $208.34 for the second mortgage.

$5,000

For Applicant

Personal Loan Debt

Denied

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES