Summary
The applicant, a 41-year-old single mother, sought a security clearance under Guidelines E, F, and J. She faced financial difficulties due to unemployment and low income, resulting in delinquent debts and a foreclosure. Additionally, she had a history of criminal conduct, including a larceny offense, and failed to disclose her arrests and financial issues on her security clearance application. The judge denied her application, citing ongoing concerns about her reliability and trustworthiness.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant falsified her e-QIP by responding “No” to whether she had any property foreclosed (2.b). Applicant falsified her e-QIP by responding “No” to inquiries into any loan defaults, collection debts, credit card charge offs or cancellations, debts over 180 days delinquent, and debts currently over 90 days delinquent (2.c). $9,189.07 deficiency balance for timeshare after auction (1.a). $2,284 charged off credit card debt (1.b). $1,244 credit card debt in collection (1.c). $2,266 credit card debt in collection (1.d). $535 debt in collection (1.e). $417 telephone (landline) debt in collection (1.f). $260 retail credit account in collection (1.g). Applicant was arrested in May 2007 for larceny (3.a). Applicant failed to disclose her larceny arrest on her security clearance application in March 2009 (3.b).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 20(b), AG ¶ 20(a). The judge applied mitigating conditions AG ¶ 20(d). The decision turned on the following: The applicant had significant delinquent debts totaling over $16,000 as of January 2010; She failed to disclose a March 2007 larceny arrest and multiple delinquent debts on her security clearance application; The applicant's financial issues were exacerbated by her voluntary unemployment to care for her child, which was not considered an unforeseen circumstance.
Why the Applicant Was Denied
- The applicant had significant delinquent debts totaling over $16,000 as of January 2010.
- She failed to disclose a March 2007 larceny arrest and multiple delinquent debts on her security clearance application.
- The applicant's financial issues were exacerbated by her voluntary unemployment to care for her child, which was not considered an unforeseen circumstance.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)rejectedConditions Largely Beyond the Person's ControlThe applicant's unemployment was voluntary, as she chose to stay home to care for her daughter.
- AG ¶ 20(a)rejectedBehavior Happened Long Ago or InfrequentlyThe applicant's financial problems were too recent to favorably consider.
- AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors
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 issuedJan 27, 2010
- Answer filedFeb 11, 2010Incomplete response to SOR.
- Hearing heldJun 8, 2010
- Decision dateFeb 28, 2011
Cite For
- Denial of Security Clearance Due to Financial Irresponsibility Under Guideline F
- Failure to Disclose Criminal Conduct Under Guideline J
- Impact of Personal Conduct on Security Clearance Eligibility Under Guideline E