Summary
The applicant, a 52-year-old Internal Auditor for a defense contractor, faced trustworthiness concerns under Guideline F due to significant overdue debts. The applicant admitted to the debts but was in the process of resolving them through bankruptcy, which was anticipated to discharge most of the debts. The judge found that the applicant's financial difficulties were largely beyond her control and that she had taken responsible steps to address her financial situation, ultimately granting her eligibility for a public trust position.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: This overdue debt to Creditor 1 is cited in the SOR in the amount of $2,343 (1.a). This overdue debt to Creditor 2 is cited in the SOR in the amount of $12,972 (1.b). This overdue debt to Creditor 3 is cited in the SOR in the amount of $51 (1.c). This overdue debt to Creditor 4 is cited in the SOR in the amount of $202 (1.d). This overdue debt to Creditor 5 is cited in the SOR in the amount of $671 (1.e). This overdue debt to Creditor 6 is cited in the SOR in the amount of $3,296.36 (1.f). This overdue debt to Creditor 7 is cited in the SOR in the amount of $1,501.07 (1.g). This overdue debt to Creditor 8 is cited in the SOR in the amount of $849 (1.h). This overdue debt to Creditor 9 is cited in the SOR in the amount of $97 (1.i). This overdue debt to Creditor 10 is cited in the SOR in the amount of $256 (1.j). This overdue debt to Creditor 11 is cited in the SOR in the amount of $698 (1.k). This overdue debt to Creditor 12 is cited in the SOR in the amount of $3,149 (1.l). This overdue debt to Creditor 13 is cited in the SOR in the amount of $1,029.24 (1.m). This overdue debt to Creditor 14 is cited in the SOR in the amount of $110 (1.n).
The judge granted the clearance. The government raised disqualifying conditions DC 19 (a), DC 19 (c). The judge applied mitigating conditions MC 20 (b), MC 20 (d). The decision turned on the following: The applicant's financial problems were largely due to circumstances beyond her control, including unemployment and underemployment; The applicant demonstrated a good-faith effort to resolve her debts through bankruptcy proceedings; The applicant's current financial situation showed improvement and responsibility in managing her obligations.
Why the applicant prevailed
- The applicant's financial problems were largely due to circumstances beyond her control, including unemployment and underemployment.
- The applicant demonstrated a good-faith effort to resolve her debts through bankruptcy proceedings.
- The applicant's current financial situation showed improvement and responsibility in managing her obligations.
Conditions referenced
- DC 19 (a)raisedInability or Unwillingness to Satisfy Debts
- DC 19 (c)raisedHistory of Not Meeting Financial Obligations
- MC 20 (b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
- MC 20 (d)appliedEvidence Shows the Individual Initiated a Good-faith Effort to Resolve Debts
Key rule quoted
“The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security.”
Procedural posture
- SOR issuedAug 13, 2008
- Answer filedSep 1, 2008
- Hearing heldJan 27, 2009in Sacramento, California
- Decision dateMar 12, 2009
Cite for
- Mitigating Conditions for Financial Difficulties Under Guideline F
- Consideration of Circumstances Beyond the Applicant's Control in Financial Cases
- Good-faith Efforts to Resolve Debts as a Mitigating Factor