ISCR Case 14-06521.h1

Case Headnote

ISCR Case No. 14-06521.h1

deniedJan 26, 2017· Hon. Shari Dam· hearing

Summary

A 66-year-old naturalized U.S. citizen, originally from Israel, was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), E (Personal Conduct), and F (Financial Considerations). The applicant maintained an active Israeli passport, which he used for travel to Israel, citing Israel's requirement for its citizens to use their Israeli passports for entry and exit.

Regarding foreign influence, the applicant had a sister, niece, cousin, and three friends who are citizens and residents of Israel, with whom he maintained regular contact and annual visits. However, these familial ties were ultimately mitigated.

The applicant also faced significant financial concerns, having failed to timely file federal and state income tax returns or pay taxes for the years 2001 through 2009. This resulted in approximately $87,634 in unpaid federal taxes and about $14,000 in unpaid state taxes, leading to IRS and state liens. While federal tax payments were completed by May 2012 and state liens resolved by 2012, the applicant was ultimately denied security clearance due to unresolved foreign preference issues related to his active Israeli passport and the financial issues indicating poor self-control and lack of judgment.

Why the Applicant Was Denied

The applicant failed to mitigate foreign preference concerns due to his active Israeli passport.
The applicant did not resolve financial security concerns related to nine years of unfiled income tax returns.
The applicant's financial issues indicated poor self-control and lack of judgment.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to a Foreign Country Creating Potential Conflict of Interest
AG ¶ 10(a)(1)raisedPossession of a Current Foreign Passport
AG ¶ 10(b)raisedAction to Acquire or Obtain Recognition of Foreign Citizenship

Mitigating

AG ¶ 8(a)appliedNature of Relationships with Foreign Persons Unlikely to Create Conflict
AG ¶ 8(b)appliedMinimal Conflict of Interest Due to Strong Loyalty to the U.S.
AG ¶ 11(b)rejectedWillingness to Renounce Dual CitizenshipThe applicant expressed willingness but took no steps to renounce.
AG ¶ 11(e)rejectedPassport Has Been Destroyed or SurrenderedThe applicant maintains an active Israeli passport.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedJan 26, 2015
Answer filedFeb 9, 2015Applicant requested decision on the written record.
Hearing held—No hearing; decision made on the written record.
Decision dateJan 26, 2017

Cite For

Mitigation of Foreign Influence Concerns Under Guideline B
Disqualifying Conditions Related to Foreign Preference Under Guideline C
Financial Obligations Impacting Security Clearance Under Guideline F

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 has a sister who is a citizen and resident of Israel. He has monthly contact with her and visits her annually.	For Applicant	Sibling in Foreign Country Immediate Family	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Documented Deep U.S. Ties
1.b	Applicant has a niece and a cousin who are citizens and residents of Israel. He visits them when he travels to Israel and emails them at the holidays.	For Applicant	Extended Family in Foreign Country Extended Family	Israel	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	Documented Deep U.S. Ties
1.c	Applicant has three friends who are citizens and residents of Israel. He sees them during his visits and emails them at the holidays.	For Applicant	Friend in Foreign Country Friend	Israel	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant has a sister who is a citizen and resident of Israel. He has monthly contact with her and visits her annually.

For Applicant

Sibling in Foreign Country

Immediate Family

Israel

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

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

Documented

Deep U.S. Ties

1.b

Applicant has a niece and a cousin who are citizens and residents of Israel. He visits them when he travels to Israel and emails them at the holidays.

For Applicant

Extended Family in Foreign Country

Extended Family

Israel

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

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

Documented

Deep U.S. Ties

1.c

Applicant has three friends who are citizens and residents of Israel. He sees them during his visits and emails them at the holidays.

For Applicant

Friend in Foreign Country

Friend

Israel

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	Applicant has a current Israeli passport that expires in 2024. He maintains and uses it to travel to Israel because Israel requires its citizens to enter and exit the country using their Israeli passports.	Against Applicant	Foreign Passport Possession or Use	Admitted	(a) applying for and/or acquiring citizenship in any other country	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

Applicant has a current Israeli passport that expires in 2024. He maintains and uses it to travel to Israel because Israel requires its citizens to enter and exit the country using their Israeli passports.

Against Applicant

Foreign Passport Possession or Use

Admitted

(a) applying for and/or acquiring citizenship in any other country

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
4.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

4.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	Applicant admitted that he did not timely file Federal and state income tax returns or pay taxes for tax years 2001 through 2009. His unpaid taxes for those eight years totaled about $87,634. The IRS filed liens for those tax years over the course of several years. Applicant completed all Federal tax payments for those taxes in May 2012. Applicant’s unpaid state taxes for those years totaled about $14,000. He resolved the state liens by 2012. $87,634	Against Applicant	Tax Filing Failure	Admitted	(a) inability to satisfy debts (b) unwillingness to satisfy debts regardless of ability	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

Applicant admitted that he did not timely file Federal and state income tax returns or pay taxes for tax years 2001 through 2009. His unpaid taxes for those eight years totaled about $87,634. The IRS filed liens for those tax years over the course of several years. Applicant completed all Federal tax payments for those taxes in May 2012. Applicant’s unpaid state taxes for those years totaled about $14,000. He resolved the state liens by 2012.

$87,634

Against Applicant

Tax Filing Failure

Admitted

(a) inability to satisfy debts

(b) unwillingness to satisfy debts regardless of ability

—

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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

FOOTNOTES