ISCR Case 09-04393.h1

Case Headnote

ISCR Case No. 09-04393.h1

deniedJan 11, 2011· Hon. Richard A. Cefola· hearing

Summary

A security clearance was denied for an applicant with a history of financial difficulties and criminal conduct, under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct). The judge found significant outstanding debts and a lack of proactive measures to address them, which raised concerns about the applicant's reliability and judgment.

The applicant admitted to owing numerous debts, including approximately $11,314 for back child support and about $52,481 in delinquent Federal student loans, among other smaller amounts to various creditors. While he denied some debts, he provided no documentation or research to support these denials. His criminal history included charges such as Inflict Corporal Injury Spouse/Cohab (dismissed after counseling), Obstruction of Highway Passageway (no contest plea), Public Intoxication (bail forfeited), multiple Violations of a Protective Order (dismissed as frivolous), Disorderly Conduct/Public Intoxication (bail forfeited), Disorderly Conduct/Intoxication (guilty plea), Domestic Violence (dismissed), Driving Under the Influence and Failure to Yield to Public Safety Vehicle (guilty, fined, license suspended), and Violation of Temporary Protection Order (no contest plea, suspended sentence).

Despite some mitigating factors regarding the recency of criminal charges, the overall assessment led to a denial. The judge concluded that the applicant's significant outstanding debts, totaling over $75,000, demonstrated an inability to manage financial obligations, and his recent actions to address these debts were insufficient. Furthermore, his history of multiple arrests and charges raised doubts about his judgment and reliability.

Why the Applicant Was Denied

The applicant has significant outstanding debts totaling over $75,000, indicating an inability to manage financial obligations.
The applicant's recent actions to address debts, such as hiring a bankruptcy attorney, were deemed insufficient to mitigate concerns.
The applicant's history of multiple arrests and charges raised doubts about his judgment and reliability.

Conditions Referenced

Disqualifying

F.19.araisedInability or Unwillingness to Satisfy Debts
F.19.craisedA History of Not Meeting Financial Obligations
J.31.araisedA Single Serious Crime or Multiple Lesser Offenses

Mitigating

F.20.brejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlThe applicant's financial issues were exacerbated by personal circumstances, but he did not take sufficient action to address them.
J.32.arejectedSo Much Time Has Elapsed Since the Criminal Behavior HappenedWhile some charges were dated, the pattern of behavior raised ongoing concerns.
E.17.crejectedSo Much Time Has Passed That It Is Unlikely to RecurThe applicant's recent criminal conduct still raised doubts about his reliability.

Key Rule Quoted

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

Procedural Posture

SOR issuedApr 1, 2010
Answer filedMay 11, 2010
Hearing heldSep 2, 2010
Decision dateJan 11, 2011

Cite For

Insufficient Mitigation of Financial Obligations Under Guideline F
Impact of Criminal History on Security Clearance Eligibility Under Guideline J
Consideration of Personal Conduct in Security Clearance Decisions Under Guideline E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	The Applicant admits that he owes a debt to Creditor A in the amount of about $451. $451	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b	The Applicant admits that he owes a debt to Creditor B in the amount of about $340. $340	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	The Applicant admits that he owes a debt to Creditor C in the amount of about $194. $194	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.d	The Applicant denies that he owes a debt to Creditor D in the amount of about $2,576, but he admits that he has not “looked into it.” $2,576	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e	The Applicant admits that he owes a debt to Creditor E in the amount of about $230. $230	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.f	The Applicant denies that he owes a debt to Creditor F in the amount of about $169, but he admits that he has not finished his research vis-a-vis this debt. $169	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.g	The Applicant admits that he owes a debt to Creditor G in the amount of about $11,314, for back child support. $11,314	Against Applicant	Child Support Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.h	The Applicant admits that he owes delinquent Federal student loans totaling about $52,481. $52,481	Against Applicant	Student Loan Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.n	The Applicant admits that he owes a debt to Creditor N in the amount of about $3,942. $3,942	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.o	The Applicant admits that he owes a debt to Creditor O in the amount of about $6,315. $6,315	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.r	The Applicant denies that he owes a debt to Creditor R in the amount of about $2,109, but he has submitted no documentation in support of his averment. $2,109	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.s	The Applicant admits that he owes a debt to Creditor S in the amount of about $1,124. $1,124	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.t	The Applicant admits that he owes a debt to Creditor T in the amount of about $212. $212	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.u	The Applicant admits that he owes a debt to Creditor U in the amount of about $645. $645	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.v	The Applicant admits that he owes a debt to Creditor V in the amount of about $181. $181	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.w	The Applicant admits that he owes a debt to Creditor W in the amount of about $54. $54	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.x	The Applicant admits that he owes a debt to Creditor X in the amount of about $53. $53	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.y	The Applicant admits that he owes a debt to Creditor Y in the amount of about $114. $114	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

The Applicant admits that he owes a debt to Creditor A in the amount of about $451.

$451

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.b

The Applicant admits that he owes a debt to Creditor B in the amount of about $340.

$340

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.c

The Applicant admits that he owes a debt to Creditor C in the amount of about $194.

$194

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.d

The Applicant denies that he owes a debt to Creditor D in the amount of about $2,576, but he admits that he has not “looked into it.”

$2,576

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.e

The Applicant admits that he owes a debt to Creditor E in the amount of about $230.

$230

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.f

The Applicant denies that he owes a debt to Creditor F in the amount of about $169, but he admits that he has not finished his research vis-a-vis this debt.

$169

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.g

The Applicant admits that he owes a debt to Creditor G in the amount of about $11,314, for back child support.

$11,314

Against Applicant

Child Support Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.h

The Applicant admits that he owes delinquent Federal student loans totaling about $52,481.

$52,481

Against Applicant

Student Loan Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.n

The Applicant admits that he owes a debt to Creditor N in the amount of about $3,942.

$3,942

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.o

The Applicant admits that he owes a debt to Creditor O in the amount of about $6,315.

$6,315

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.r

The Applicant denies that he owes a debt to Creditor R in the amount of about $2,109, but he has submitted no documentation in support of his averment.

$2,109

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.s

The Applicant admits that he owes a debt to Creditor S in the amount of about $1,124.

$1,124

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.t

The Applicant admits that he owes a debt to Creditor T in the amount of about $212.

$212

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.u

The Applicant admits that he owes a debt to Creditor U in the amount of about $645.

$645

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.v

The Applicant admits that he owes a debt to Creditor V in the amount of about $181.

$181

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.w

The Applicant admits that he owes a debt to Creditor W in the amount of about $54.

$54

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.x

The Applicant admits that he owes a debt to Creditor X in the amount of about $53.

$53

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.y

The Applicant admits that he owes a debt to Creditor Y in the amount of about $114.

$114

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	In August of 1994, the Applicant was charged with Inflict Corporal Injury Spouse/Cohab. He got into a shoving match with his spouse, but the charge was dismissed after they both attended marriage counseling.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.b	In April of 1999, the Applicant was arrested and charged, in part, for Obstruction of Highway Passageway, to which he pled no contest, and was fined. He and a friend were playing bumper cars with their vehicles on a public highway.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.c	In October of 2000, the Applicant was arrested and charged with Public Intoxication. He initially failed to appear at his arraignment, but eventually appeared, forfeited his bail, and the case against him was terminated.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.d	During the period from May through August of 2001, the Applicant was charged with Violating of a Protective Order four times. He and his wife were going through a divorce, and when he picked up their children, she claimed that he violated her protective order. All four charges were dismissed as being 'frivolous.'	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.e	In December of 2001, the Applicant was arrested and charged with Disorderly Conduct/Public Intoxication. He was thrown out of a club by a bouncer. He forfeited his bail, and the case against him was terminated.	For Applicant	Unspecified Criminal Conduct	Dismissed or Nolle Prossed	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.f	In September of 2002, the Applicant was arrested and charged with Disorderly Conduct/Intoxication. He got into an argument with his fiancee, who dropped him off at the side of the road, where the police found and arrested the Applicant. He pled guilty, was fined and paid court costs.	For Applicant	Unspecified Criminal Conduct	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.g	In December of 2006, the Applicant was arrested and charged with Domestic Violence. He got into a shoving match with his 14 year old son. This charge was ultimately dismissed.	For Applicant	Domestic Violence	Dismissed or Nolle Prossed	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.h	In September of 2007, the Applicant was, in part, arrested for and found guilty of Driving Under the Influence and Failure to Yield to Public Safety Vehicle. He nearly collided with a fire truck. He spent three days in jail awaiting his arraignment, was fined, paid court costs, and his drivers license was suspended for six months.	For Applicant	DUI or DWI Criminal	Convicted	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.i	About three years ago, in December of 2007, the Applicant was charged with Violation of Temporary Protection Order. He called his ex-fiancee about their children, but by doing so violated the Protection Order. He pled no contest and received a suspended sentence.	For Applicant	Domestic Violence	Diversion or Deferred	Admitted	—	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur	—
2.j	specific text not stated in this decision	For Applicant	Unspecified Criminal Conduct	—	Unknown	—	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

In August of 1994, the Applicant was charged with Inflict Corporal Injury Spouse/Cohab. He got into a shoving match with his spouse, but the charge was dismissed after they both attended marriage counseling.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

2.b

In April of 1999, the Applicant was arrested and charged, in part, for Obstruction of Highway Passageway, to which he pled no contest, and was fined. He and a friend were playing bumper cars with their vehicles on a public highway.

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

2.c

In October of 2000, the Applicant was arrested and charged with Public Intoxication. He initially failed to appear at his arraignment, but eventually appeared, forfeited his bail, and the case against him was terminated.

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

2.d

During the period from May through August of 2001, the Applicant was charged with Violating of a Protective Order four times. He and his wife were going through a divorce, and when he picked up their children, she claimed that he violated her protective order. All four charges were dismissed as being 'frivolous.'

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

2.e

In December of 2001, the Applicant was arrested and charged with Disorderly Conduct/Public Intoxication. He was thrown out of a club by a bouncer. He forfeited his bail, and the case against him was terminated.

For Applicant

Unspecified Criminal Conduct

Dismissed or Nolle Prossed

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

2.f

In September of 2002, the Applicant was arrested and charged with Disorderly Conduct/Intoxication. He got into an argument with his fiancee, who dropped him off at the side of the road, where the police found and arrested the Applicant. He pled guilty, was fined and paid court costs.

For Applicant

Unspecified Criminal Conduct

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

2.g

In December of 2006, the Applicant was arrested and charged with Domestic Violence. He got into a shoving match with his 14 year old son. This charge was ultimately dismissed.

For Applicant

Domestic Violence

Dismissed or Nolle Prossed

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

2.h

In September of 2007, the Applicant was, in part, arrested for and found guilty of Driving Under the Influence and Failure to Yield to Public Safety Vehicle. He nearly collided with a fire truck. He spent three days in jail awaiting his arraignment, was fined, paid court costs, and his drivers license was suspended for six months.

For Applicant

DUI or DWI Criminal

Convicted

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

2.i

About three years ago, in December of 2007, the Applicant was charged with Violation of Temporary Protection Order. He called his ex-fiancee about their children, but by doing so violated the Protection Order. He pled no contest and received a suspended sentence.

For Applicant

Domestic Violence

Diversion or Deferred

Admitted

—

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

—

2.j

specific text not stated in this decision

For Applicant

Unspecified Criminal Conduct

—

Unknown

—

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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

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION