ISCR Case 14-05606.h1

Case Headnote

ISCR Case No. 14-05606.h1

deniedOct 31, 2016· Hon. Claude R. Heiny II· hearing

Summary

A 57-year-old naturalized U.S. citizen and mechanic, originally from Sudan, was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline F (Financial Considerations). The applicant's Statement of Reasons detailed that his siblings and mother-in-law reside in Sudan, and he held a power-of-attorney over property there, though he later granted his brother power-of-attorney and stated he no longer considered it his property, indicating limited financial interests in Sudan.

The primary financial concerns involved over $33,000 in delinquent, charged-off, and collection accounts. These included a $146 medical bill, a $177 telephone bill, a $7,634 charged-off account, and multiple collection accounts totaling $4,074, $1,480, $1,191, $10,639, $8,174, and $188.

While the applicant successfully mitigated some concerns related to foreign influence and personal conduct, the judge found he failed to adequately address his significant financial issues. Specifically, he had made no payments on the over $33,000 in outstanding debts and had not contacted creditors, failing to demonstrate a good-faith effort to resolve these obligations. Consequently, his security clearance was denied.

Why the Applicant Was Denied

The applicant has over $33,000 in charged-off and collection accounts with no payments made or contact with creditors.
He did not demonstrate a good-faith effort to resolve his financial obligations or mitigate the financial considerations security concern.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under ControlThe applicant had not contacted creditors or made payments prior to the hearing.
AG ¶ 20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant's actions were insufficient to demonstrate a good-faith effort.

Key Rule Quoted

“A person who seeks access to classified information enters into a fiduciary relationship with the government predicated upon trust and confidence.”

Procedural Posture

SOR issuedApr 22, 2015
Answer filedJun 5, 2015
Hearing heldNov 20, 2015Originally scheduled for 10/20/2015, rescheduled.
Decision dateOct 31, 2016

Cite For

Financial Irresponsibility as a Disqualifying Factor Under Guideline F
Impact of Foreign Family Ties on Security Clearance Under Guideline B
Insufficient Mitigation of Financial Issues Leading to Denial of Clearance 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	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant's siblings are citizens and residents of Sudan.	For Applicant	Sibling in Foreign Country Immediate Family	Sudan HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.b	Applicant's mother-in-law is a citizen and resident of Sudan.	For Applicant	In Law in Foreign Country Immediate Family	Sudan HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.c	Applicant has a power-of-attorney over property in Sudan.	For Applicant	Foreign Real Estate Financial or Property Interest	Sudan HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.d	Applicant has given his brother a power-of-attorney over the property and no longer considers it his property.	For Applicant	Unspecified Foreign Relationship Other	Sudan HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.e	Applicant has limited financial or property interests in Sudan.	For Applicant	Unspecified Foreign Relationship Other	Sudan HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's siblings are citizens and residents of Sudan.

For Applicant

Sibling in Foreign Country

Immediate Family

Sudan

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.b

Applicant's mother-in-law is a citizen and resident of Sudan.

For Applicant

In Law in Foreign Country

Immediate Family

Sudan

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.c

Applicant has a power-of-attorney over property in Sudan.

For Applicant

Foreign Real Estate

Financial or Property Interest

Sudan

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.d

Applicant has given his brother a power-of-attorney over the property and no longer considers it his property.

For Applicant

Unspecified Foreign Relationship

Other

Sudan

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.e

Applicant has limited financial or property interests in Sudan.

For Applicant

Unspecified Foreign Relationship

Other

Sudan

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

¶	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
2.a	Applicant owes a delinquent medical account in the amount of $146. $146	Against Applicant	Medical Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.b	Applicant owes a delinquent telephone service bill in the amount of $177. $177	Against Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.c	Applicant owes a charged-off account in the amount of $7,634. $7,634	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.d	Applicant owes a collection account in the amount of $4,074. $4,074	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.e	Applicant owes a collection account in the amount of $1,480. $1,480	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.f	Applicant owes a collection account in the amount of $1,191. $1,191	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.g	Applicant owes a collection account in the amount of $10,639. $10,639	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.h	Applicant owes a collection account in the amount of $8,174. $8,174	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
2.i	Applicant owes a collection account in the amount of $188. $188	Against Applicant	Utility or Phone Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

Applicant owes a delinquent medical account in the amount of $146.

$146

Against Applicant

Medical Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.b

Applicant owes a delinquent telephone service bill in the amount of $177.

$177

Against Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.c

Applicant owes a charged-off account in the amount of $7,634.

$7,634

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.d

Applicant owes a collection account in the amount of $4,074.

$4,074

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.e

Applicant owes a collection account in the amount of $1,480.

$1,480

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.f

Applicant owes a collection account in the amount of $1,191.

$1,191

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.g

Applicant owes a collection account in the amount of $10,639.

$10,639

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.h

Applicant owes a collection account in the amount of $8,174.

$8,174

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

2.i

Applicant owes a collection account in the amount of $188.

$188

Against Applicant

Utility or Phone Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

Loading case…

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

FOOTNOTES