Summary
The applicant, a 51-year-old male with a history of financial difficulties, faced trustworthiness concerns under Guideline F due to unresolved debts totaling $32,778, including judgments and collection accounts. Despite attributing his financial issues to unemployment and divorce, the applicant failed to provide sufficient evidence of responsible actions taken to address his debts. The judge concluded that the applicant did not meet the burden of proof to demonstrate eligibility for a public trust position, resulting in a denial of his application.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Judgment totaling $7,569 granted in 2010 (1.a). Judgment totaling $10,000 granted in 2011 (1.b). Judgment totaling $6,000 granted in 2013 (1.c). Judgment totaling $5,000 granted in 2015 (1.d). Collection account totaling $2,209 placed for collection in 2011 (1.e). Collection account totaling $2,000 placed for collection in 2013 (1.f).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant failed to provide corroborating documentation to support claims regarding his debts; The applicant did not demonstrate a good-faith effort to resolve his delinquent debts; The applicant's financial problems remain unresolved and he has not sought financial counseling.
Why the Applicant Was Denied
- The applicant failed to provide corroborating documentation to support claims regarding his debts.
- The applicant did not demonstrate a good-faith effort to resolve his delinquent debts.
- The applicant's financial problems remain unresolved and he has not sought financial counseling.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(a)rejectedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to RecurThe applicant's numerous delinquent debts remain unresolved.
- AG ¶ 20(b)rejectedConditions That Resulted in Financial Problems Were Largely Beyond the Person's ControlWhile unemployment and divorce were beyond his control, the applicant did not act responsibly to resolve his debts.
- AG ¶ 20(c)rejectedReceived or Is Receiving Counseling for the ProblemThe applicant has not received any financial counseling.
- AG ¶ 20(d)rejectedInitiated a Good-faith Effort to Repay Overdue CreditorsThe applicant has not provided documentation showing any debts are being resolved.
Key Rule Quoted
“A person who seeks access to sensitive information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedMar 24, 2016
- Answer filedApr 12, 2016
- Hearing held—Decision made on the record without a hearing.
- Decision dateJun 1, 2017
Cite For
- Failure to Provide Corroborating Evidence for Financial Claims
- Lack of Good-faith Effort to Resolve Debts
- Impact of Financial Issues on Trustworthiness Under Guideline F