Summary
The applicant, a 50-year-old naturalized U.S. citizen originally from Egypt, sought a public trust position despite concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The judge found that the applicant had minimal foreign contacts and demonstrated a commitment to the U.S., while also showing responsible financial behavior through a Chapter 13 bankruptcy plan. Ultimately, the applicant was granted eligibility for the public trust position.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (1.a). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (1.b). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.a). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.b). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.c). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.d). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.e). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.f). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.g). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.h). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.i). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.j). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.k). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.l). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.m). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.n). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.o). The Applicant is ineligible for access because he has foreign contacts that could create the potential for foreign influence, which could result in the compromise of classified information (2.p). A delinquent debt owed to a creditor that was placed for collection in the approximate amount of $894, which was returned for insufficient funds and was placed for collection in 2011. Applicant has contacted the creditor and paid off the debt (2.c). A delinquent medical debt owed to a creditor in the amount of approximately $374. Applicant has contacted the creditor and paid off the debt (2.d). A delinquent debt owed to a creditor on an account that was charged off in the approximate amount of $241. This debt was included in the Chapter 13 bankruptcy filed in 2013 (2.e). A delinquent state tax lien entered against him in 2010 in the approximate amount of $1,744. This debt was included in the Chapter 13 bankruptcy filed in 2013 (2.f). A delinquent debt owed to a creditor that was placed for collection in the approximate amount of $303. This debt was included in the Chapter 13 bankruptcy filed in 2013 (2.g). A delinquent debt owed to a creditor that was placed for collection in the approximate amount of $285. Applicant has set up a payment plan with the creditor that he is following to resolve the debt (2.h). A delinquent debt owed to a creditor that was placed for collection in the approximate amount of $611. This debt was included in the Chapter 13 bankruptcy filed in 2013 (2.i). A delinquent debt owed to a creditor that was placed for collection in the approximate amount of $1,031. This debt was included in the Chapter 13 bankruptcy filed in 2013 (2.j). A delinquent debt owed to a creditor that was placed for collection in the approximate amount of $207. This debt was included in the Chapter 13 bankruptcy filed in 2013 (2.k). A delinquent debt owed to a creditor that was placed for collection in the approximate amount of $457. This debt was included in the Chapter 13 bankruptcy filed in 2013 (2.l). A delinquent debt owed to a creditor that was placed for collection in the approximate amount of $547. This debt was included in the Chapter 13 bankruptcy filed in 2013 (2.m). A delinquent debt owed to a creditor that was placed for collection in the approximate amount of $75. This debt was included in the Chapter 13 bankruptcy filed in 2013 (2.n). A delinquent debt owed to a landlord in the approximate amount of $900 for unpaid rent. This debt was included in the Chapter 13 bankruptcy filed in 2013 (2.o). Delinquent federal taxes in the amount of approximately $6,000 for tax years 2006 and 2008. This debt was included in the Chapter 13 bankruptcy filed in 2013 (2.p).
The judge granted the clearance. The government raised disqualifying conditions B.1, F.1. The judge applied mitigating conditions B.8, F.20. The decision turned on the following: The applicant renounced his Egyptian citizenship and has established deep roots in the U.S; The applicant's family in Egypt has no knowledge of his work or public trust position; The applicant has taken steps to manage his financial issues through a Chapter 13 bankruptcy plan.
Why the Applicant Prevailed
- The applicant renounced his Egyptian citizenship and has established deep roots in the U.S.
- The applicant's family in Egypt has no knowledge of his work or public trust position.
- The applicant has taken steps to manage his financial issues through a Chapter 13 bankruptcy plan.
Conditions Referenced
- B.1raisedForeign InfluenceThe applicant has foreign contacts that could create the potential for foreign influence.
- F.1raisedFinancial ConsiderationsThe applicant is financially overextended and at risk of having to engage in illegal acts to generate funds.
- B.8appliedForeign InfluenceThe applicant has deep and longstanding relationships and loyalties in the U.S.
- F.20appliedFinancial ConsiderationsThe applicant initiated a good-faith effort to repay overdue creditors through a bankruptcy plan.
Key Rule Quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural Posture
- SOR issuedJun 27, 2015
- Answer filedAug 10, 2015
- Hearing heldApr 26, 2016record remained open until May 9, 2016
- Decision dateOct 20, 2016
Cite For
- Mitigating Conditions for Foreign Influence Under Guideline B
- Mitigating Conditions for Financial Considerations Under Guideline F
- Importance of Demonstrating Ties to the U.S. in Foreign Influence Cases