Summary
The applicant, a 50-year-old unmarried man with a history of financial difficulties, sought a public trust position but was denied due to significant delinquent debts totaling over $12,000 and failure to file federal income tax returns from 2009 to 2015. The judge found that the applicant's financial issues were not adequately addressed and raised concerns about his reliability and trustworthiness.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant owes $9,231 on an apartment lease from 2008 (1.a). Applicant owes $1,388 on a medical account from 2014 (1.b). Applicant owes a cable television debt of $481 (1.c). Applicant thinks the three debts listed in the SOR owed to a collector for a city are for his “doing business as” licenses annually. They are $380, $336, and $275 (1.d). Applicant thinks the three debts listed in the SOR owed to a collector for a city are for his “doing business as” licenses annually. They are $380, $336, and $275 (1.e). Applicant stated there was an additional $300 owed for another medical debt (1.f). Applicant thinks the three debts listed in the SOR owed to a collector for a city are for his “doing business as” licenses annually. They are $380, $336, and $275 (1.g). Applicant owed a gas company $141 for heat in his residence (1.h). Applicant owed a telephone company $60 (1.i). Applicant owed a collector $52 on a medical account (1.j). Applicant has not filed his federal income tax forms from 2009 to 2015 (1.k).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(g). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e). The decision turned on the following: The applicant has ten delinquent debts totaling $12,163, which he has not resolved since 2008; The applicant failed to file federal income tax returns from 2009 to 2015, claiming he was not required to do so due to low income, but did not provide sufficient evidence to support this claim; The applicant's financial problems were ongoing and he has not demonstrated a responsible approach to resolving his debts.
Why the Applicant Was Denied
- The applicant has ten delinquent debts totaling $12,163, which he has not resolved since 2008.
- The applicant failed to file federal income tax returns from 2009 to 2015, claiming he was not required to do so due to low income, but did not provide sufficient evidence to support this claim.
- The applicant's financial problems were ongoing and he has not demonstrated a responsible approach to resolving his debts.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 19(g)raisedFailure to File Annual Federal, State, or Local Income Tax Returns as Required
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to RecurThe applicant's financial issues have persisted since 2008.
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant's lack of employment was by his own choice.
- AG ¶ 20(c)rejectedEvidence of Counseling for the Problem and Indications That It Is Being ResolvedThe applicant has not received financial counseling.
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors or Resolve DebtsThe applicant has made some payments on medical debts but has not resolved all delinquent debts.
- AG ¶ 20(e)appliedDebts Disputed and ResolvedSome debts were deleted from the applicant's credit report without payment.
Key Rule Quoted
“A person who seeks access to sensitive information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedJan 26, 2015
- Answer filedFeb 25, 2015
- Hearing heldJun 30, 2016Hearing was rescheduled due to technical difficulties.
- Decision dateNov 25, 2016
Cite For
- Financial Irresponsibility Under Guideline F
- Failure to File Tax Returns as a Disqualifying Condition
- Lack of Initiative in Resolving Financial Issues