ISCR Case 16-00637.h1

Case Headnote

ISCR Case No. 16-00637.h1

grantedNov 22, 2016· Hon. Juan J. Rivera· hearing

Summary

A 49-year-old naturalized U.S. citizen from Pakistan, working as an entrepreneur, was granted a security clearance despite concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons detailed several personal conduct issues, including allegations of installing spyware on his wife's computer, involvement in numerous domestic disturbances between 2006 and 2009, and admitting to assaulting his wife's paramour in 2008.

Financially, the applicant admitted to credit card debts of $64,212 and $1,028, as well as an unspecified amount of charged-off medical debt incurred due to his financial situation and lack of insurance. These financial difficulties were largely attributed to a contentious divorce and periods of unemployment.

The administrative judge found that the applicant had established a track record of debt payment and resolution, demonstrating that his financial problems were primarily due to circumstances beyond his control. Furthermore, his personal conduct issues were mitigated by his acknowledgment of past mistakes and a lack of recent incidents. Consequently, the judge determined that the applicant's financial issues were under control and did not cast doubt on his reliability or trustworthiness, leading to the granting of the security clearance.

Why the Applicant Prevailed

The applicant established a track record of debt payment and resolution.
He demonstrated that his financial problems were largely due to circumstances beyond his control, including a contentious divorce.
The applicant's personal conduct issues were mitigated by his acknowledgment of past mistakes and lack of recent incidents.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 16(c)raisedCredible Adverse Information in Several Adjudicative Issue Areas
AG ¶ 16(e)raisedPersonal Conduct That Creates a Vulnerability to Exploitation

Mitigating

AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors
AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem
AG ¶ 17(c)appliedThe Offense Is so Minor or Infrequent That It Is Unlikely to Recur
AG ¶ 17(d)appliedThe Individual Has Acknowledged the Behavior and Obtained Counseling
AG ¶ 17(e)appliedThe Individual Has Taken Positive Steps to Reduce Vulnerability

Key Rule Quoted

“The concept of meaningful track record necessarily includes evidence of actual debt reduction through payment of debts.”
— ISCR Case No. 07-06482

Procedural Posture

SOR issuedSep 1, 2016
Answer filedSep 9, 2016
Hearing heldNov 1, 2016Applicant requested an expedited hearing.
Decision dateNov 22, 2016

Cite For

Mitigation of Financial Considerations Under AG ¶ 20(b) Due to Circumstances Beyond Control
Mitigation of Personal Conduct Under AG ¶ 17(c) Due to Acknowledgment of Past Behavior
Importance of Demonstrating a Meaningful Track Record of Debt Resolution in Security Clearance Cases.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant was charged with installing and using spyware software to collect computer keystrokes from his wife’s computer.	For Applicant	Questionable Judgment General	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	Claimed Acknowledgment and Remorse
2.b	Applicant admitted that between 2006 and 2009, he and his wife were involved in numerous domestic disturbances for which she continuously called the police to their residence.	For Applicant	Questionable Judgment General	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	Claimed Acknowledgment and Remorse
2.c	Applicant admitted that in 2008, he assaulted his wife’s paramour.	For Applicant	Questionable Judgment General	—	Admitted	—	(c) offense is minor, long ago, infrequent, or unique circumstances (d) acknowledged the behavior; counseling/positive steps taken (e) positive steps to reduce vulnerability to exploitation	Claimed Acknowledgment and Remorse

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant was charged with installing and using spyware software to collect computer keystrokes from his wife’s computer.

For Applicant

Questionable Judgment General

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

Claimed

Acknowledgment and Remorse

2.b

Applicant admitted that between 2006 and 2009, he and his wife were involved in numerous domestic disturbances for which she continuously called the police to their residence.

For Applicant

Questionable Judgment General

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

Claimed

Acknowledgment and Remorse

2.c

Applicant admitted that in 2008, he assaulted his wife’s paramour.

For Applicant

Questionable Judgment General

—

Admitted

—

(c) offense is minor, long ago, infrequent, or unique circumstances

(d) acknowledged the behavior; counseling/positive steps taken

(e) positive steps to reduce vulnerability to exploitation

Claimed

Acknowledgment and Remorse

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	SOR ¶ 1.a ($64,212) Applicant admitted this was his credit card debt. $64,212	For Applicant	Credit Card Debt	Denied	(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	Documented Debt Paid in Full
1.b	SOR ¶ 1.b ($1,028) Applicant admitted this was his credit card debt. $1,028	For Applicant	Credit Card Debt	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	Documented Debt Paid in Full
1.c	SOR ¶ 1.c (charged-off medical debt of unspecified amount) Applicant admitted he incurred medical expenses that he was unable to pay because of his financial situation and lack of medical insurance.	For Applicant	Medical Debt	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	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

SOR ¶ 1.a ($64,212) Applicant admitted this was his credit card debt.

$64,212

For Applicant

Credit Card Debt

Denied

(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

Documented

Debt Paid in Full

1.b

SOR ¶ 1.b ($1,028) Applicant admitted this was his credit card debt.

$1,028

For Applicant

Credit Card Debt

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

Documented

Debt Paid in Full

1.c

SOR ¶ 1.c (charged-off medical debt of unspecified amount) Applicant admitted he incurred medical expenses that he was unable to pay because of his financial situation and lack of medical insurance.

For Applicant

Medical Debt

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

Documented

Debt Paid in Full

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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