Summary
The applicant, a 32-year-old manager of a fitness club, faced trustworthiness concerns under Guideline F due to significant financial issues, including seven delinquent collection accounts and four delinquent medical accounts totaling approximately $18,100. The judge found that the applicant failed to provide sufficient evidence to mitigate these concerns, leading to a denial of eligibility for a public trust position.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Delinquent collection account with Chase Bank for $1,200 (1.a). Delinquent collection account with Chase Bank for $1,500 (1.b). Delinquent collection account with Chase Bank for $2,000 (1.c). Delinquent collection account with Chase Bank for $3,000 (1.d). Delinquent collection account with Chase Bank for $4,000 (1.e). Delinquent medical account for $1,500 (1.f). Delinquent medical account for $1,000 (1.g). Delinquent medical account for $500 (1.h).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant has a history of excessive indebtedness and has not made payments on collection accounts since 2008; The applicant's financial problems were primarily due to his own disciplinary termination, not circumstances beyond his control; The applicant did not demonstrate a good-faith effort to resolve his debts or that his financial issues were under control.
Why the Applicant Was Denied
- The applicant has a history of excessive indebtedness and has not made payments on collection accounts since 2008.
- The applicant's financial problems were primarily due to his own disciplinary termination, not circumstances beyond his control.
- The applicant did not demonstrate a good-faith effort to resolve his debts or that his financial issues were under control.
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 That Resulted in Financial Problems Were Largely Beyond the Person's ControlThe applicant's termination was due to disciplinary reasons, not circumstances beyond his control.
- AG ¶ 20(c)rejectedClear Indications That the Problem Is Being Resolved or Is Under ControlThere were no clear indications that the applicant's financial problems were being resolved.
- AG ¶ 20(d)rejectedInitiated a Good-faith Effort to Repay Overdue Creditors or Resolve DebtsThe applicant did not demonstrate a good-faith effort to resolve his debts.
Key Rule Quoted
“A trustworthiness adjudication is not a proceeding aimed at collecting an applicant's debts. Rather, it is a proceeding aimed at evaluating an applicant's judgment, reliability, and trustworthiness.”
Procedural Posture
- SOR issuedDec 3, 2015
- Answer filedMar 15, 2016Requested decision based on written record without a hearing.
- Hearing held—No hearing; decision based on written record.
- Decision dateApr 21, 2017
Cite For
- Evaluation of Financial Considerations Under Guideline F
- Impact of Personal Responsibility on Trustworthiness Determinations
- Importance of Demonstrating Good-faith Efforts to Resolve Debts in Security Clearance Cases.