ISCR Case 15-05083.h1

Case Headnote

ISCR Case No. 15-05083.h1

grantedJul 18, 2017· Hon. Noreen A. Lynch· hearing

Summary

The applicant, a 51-year-old program officer for a defense contractor, faced security concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations) due to delinquent debts and family ties in Somalia. The judge found that the applicant's financial issues were largely due to circumstances beyond his control, including caring for an ill father, and that he had taken significant steps to resolve his debts. Additionally, the applicant's ties to Somalia did not pose a risk of foreign influence, as he had renounced his citizenship and demonstrated loyalty to the U.S.

Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The SOR alleges that Applicant’s two brothers and a sister are citizens and residents of Somalia (2.a). He also has two brothers who are citizens of Somalia, but live in the United Arab Emirates (UAE) (2.b). Applicant acknowledged the existence of his relatives in Somalia, but denies that they create a risk of foreign influence (2.c). Applicant noted that he has no foreign interests or real estate in Somalia (2.d). He has not provided financial support to any foreign national (2.e). He has had no foreign government contact (2.f). He did not serve in the Somali military (2.g). He also stated that he had no relatives associated with any foreign government (2.h). indebtedness to the Federal Government for a tax lien entered in 2012, in the approximate amount of $87,429, which represents delinquent taxes for years 2006, 2007 and 2008 (1.a). 16 delinquent debts including charged-off accounts, collection accounts, and medical accounts, which total about $15,000 (1.b).

The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(f). The judge applied mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), AG ¶ 20(e), AG ¶ 20(g). The decision turned on the following: The applicant demonstrated that his financial difficulties were largely due to caring for an ill family member and were not indicative of poor judgment; He took proactive steps to resolve his debts, including working with a credit repair firm and settling his tax issues with the IRS; The applicant renounced his Somali citizenship and has no foreign interests or affiliations that would create a risk of foreign influence.

Why the Applicant Prevailed

The applicant demonstrated that his financial difficulties were largely due to caring for an ill family member and were not indicative of poor judgment.
He took proactive steps to resolve his debts, including working with a credit repair firm and settling his tax issues with the IRS.
The applicant renounced his Somali citizenship and has no foreign interests or affiliations that would create a risk of foreign influence.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 19(f)raisedFailure to File or Fraudulently Filing Annual Federal, State, or Local Income Tax Returns

Mitigating

AG ¶ 20(a)appliedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to Recur
AG ¶ 20(b)appliedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem From a Legitimate and Credible Source
AG ¶ 20(d)appliedThe Individual Initiated and Is Adhering to a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
AG ¶ 20(e)appliedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due Debt
AG ¶ 20(g)appliedThe Individual Has Made Arrangement with the Appropriate Tax Authority to File or Pay the Amount Owed

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedMar 19, 2016
Answer filed—
Hearing heldMar 9, 2017
Decision dateJul 18, 2017

Cite For

Mitigating Conditions for Financial Difficulties Under Guideline F
Foreign Influence Considerations Under Guideline B
Impact of Personal Circumstances on Financial Obligations

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
2.a	The SOR alleges that Applicant’s two brothers and a sister are citizens and residents of Somalia.	For Applicant	Sibling in Foreign Country Immediate Family	Somalia HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	Claimed Deep U.S. Ties Claimed Severed Foreign Contact
2.b	He also has two brothers who are citizens of Somalia, but live in the United Arab Emirates (UAE).	For Applicant	Sibling in Foreign Country Immediate Family	United Arab Emirates HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	Claimed Deep U.S. Ties Claimed Severed Foreign Contact
2.c	Applicant acknowledged the existence of his relatives in Somalia, but denies that they create a risk of foreign influence.	For Applicant	Unspecified Foreign Relationship Other	Somalia HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	Claimed Deep U.S. Ties Claimed Severed Foreign Contact
2.d	Applicant noted that he has no foreign interests or real estate in Somalia.	For Applicant	Unspecified Foreign Relationship Other	Somalia HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	Claimed Deep U.S. Ties Claimed Severed Foreign Contact
2.e	He has not provided financial support to any foreign national.	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	Claimed Deep U.S. Ties Claimed Severed Foreign Contact
2.f	He has had no foreign government contact.	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	Claimed Deep U.S. Ties Claimed Severed Foreign Contact
2.g	He did not serve in the Somali military.	For Applicant	Unspecified Foreign Relationship Other	Somalia HEIGHTENED RISK	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	Claimed Deep U.S. Ties Claimed Severed Foreign Contact
2.h	He also stated that he had no relatives associated with any foreign government.	For Applicant	Unspecified Foreign Relationship Other	—	Denied	—	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S. (c) contact so casual and infrequent there is little likelihood of risk (d) contacts/activities on U.S. Government business or agency-approved (e) promptly complied with reporting requirements (f) foreign interests are minimal and could not be used to influence	Claimed Deep U.S. Ties Claimed Severed Foreign Contact

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

The SOR alleges that Applicant’s two brothers and a sister are citizens and residents of Somalia.

For Applicant

Sibling in Foreign Country

Immediate Family

Somalia

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

(f) foreign interests are minimal and could not be used to influence

Claimed

Deep U.S. Ties

Claimed

Severed Foreign Contact

2.b

He also has two brothers who are citizens of Somalia, but live in the United Arab Emirates (UAE).

For Applicant

Sibling in Foreign Country

Immediate Family

United Arab Emirates

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

(f) foreign interests are minimal and could not be used to influence

Claimed

Deep U.S. Ties

Claimed

Severed Foreign Contact

2.c

Applicant acknowledged the existence of his relatives in Somalia, but denies that they create a risk of foreign influence.

For Applicant

Unspecified Foreign Relationship

Other

Somalia

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

(f) foreign interests are minimal and could not be used to influence

Claimed

Deep U.S. Ties

Claimed

Severed Foreign Contact

2.d

Applicant noted that he has no foreign interests or real estate in Somalia.

For Applicant

Unspecified Foreign Relationship

Other

Somalia

HEIGHTENED RISK

Denied

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

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

(f) foreign interests are minimal and could not be used to influence

Claimed

Deep U.S. Ties

Claimed

Severed Foreign Contact

2.e

He has not provided financial support to any foreign national.

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

(f) foreign interests are minimal and could not be used to influence

Claimed

Deep U.S. Ties

Claimed

Severed Foreign Contact

2.f

He has had no foreign government contact.

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

(f) foreign interests are minimal and could not be used to influence

Claimed

Deep U.S. Ties

Claimed

Severed Foreign Contact

2.g

He did not serve in the Somali military.

For Applicant

Unspecified Foreign Relationship

Other

Somalia

HEIGHTENED RISK

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

(f) foreign interests are minimal and could not be used to influence

Claimed

Deep U.S. Ties

Claimed

Severed Foreign Contact

2.h

He also stated that he had no relatives associated with any foreign government.

For Applicant

Unspecified Foreign Relationship

Other

—

Denied

—

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

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

(c) contact so casual and infrequent there is little likelihood of risk

(d) contacts/activities on U.S. Government business or agency-approved

(e) promptly complied with reporting requirements

(f) foreign interests are minimal and could not be used to influence

Claimed

Deep U.S. Ties

Claimed

Severed Foreign Contact

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	indebtedness to the Federal Government for a tax lien entered in 2012, in the approximate amount of $87,429, which represents delinquent taxes for years 2006, 2007 and 2008 $87,429	For Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations (f) failure to file / fraudulent filing of tax returns or unpaid tax	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts (e) reasonable, documented basis to dispute the debt (g) arrangements made with the tax authority; in compliance	Documented Financial Counseling Documented Debt Paid in Full Documented Debt Disputed with Creditor
1.b	16 delinquent debts including charged-off accounts, collection accounts, and medical accounts, which total about $15,000 $15,000	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts (e) reasonable, documented basis to dispute the debt	Documented Financial Counseling Documented Debt Disputed with Creditor
1.c–1.q	15 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

indebtedness to the Federal Government for a tax lien entered in 2012, in the approximate amount of $87,429, which represents delinquent taxes for years 2006, 2007 and 2008

$87,429

For Applicant

Tax Unpaid

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(f) failure to file / fraudulent filing of tax returns or unpaid tax

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

(e) reasonable, documented basis to dispute the debt

(g) arrangements made with the tax authority; in compliance

Documented

Financial Counseling

Documented

Debt Paid in Full

Documented

Debt Disputed with Creditor

1.b

16 delinquent debts including charged-off accounts, collection accounts, and medical accounts, which total about $15,000

$15,000

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(d) good-faith effort to repay or otherwise resolve debts

(e) reasonable, documented basis to dispute the debt

Documented

Financial Counseling

Documented

Debt Disputed with Creditor

1.c–1.q

15 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)

For Applicant

—

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Case Profile

Summary

Why the Applicant Prevailed

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

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES