ISCR Case 07-14122.h1

Case Headnote

ISCR Case No. 07-14122.h1

grantedDec 10, 2008· Hon. Wilford H. Ross· hearing

Summary

This case concerns a 42-year-old single woman seeking a Public Trust Position, with the government raising concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons alleged the applicant made false statements to the government by not disclosing specific debts, including a 2003 judgment for $4,379.00, a credit card debt of approximately $956.00, and $974.00 in medical expenses. The applicant admitted to these debts, as well as owing approximately $10,362.47 for student loans, on which she had made occasional payments from 2004 until March of the current year.

The judge found that the applicant successfully mitigated the concerns. Her financial difficulties were largely attributed to circumstances beyond her control, specifically her departure from an abusive relationship. She demonstrated a credible intent to resolve her debts and had made significant payments toward them.

Furthermore, the applicant provided evidence of her good character and trustworthiness through testimonials from supervisors and colleagues. Based on these mitigating factors, the judge determined that the applicant was eligible for the Public Trust Position, and her security clearance was GRANTED.

Why the Applicant Prevailed

The applicant demonstrated a credible intent to resolve her financial debts and had made significant payments towards them.
The applicant's financial difficulties were largely due to circumstances beyond her control, specifically leaving an abusive relationship.
The applicant provided evidence of her good character and trustworthiness through testimonials from supervisors and colleagues.

Conditions Referenced

Disqualifying

F.1raisedFinancial Considerations
E.2raisedPersonal Conduct

Mitigating

F.20(a)appliedFinancial ConsiderationsThe applicant's financial issues occurred long ago and were related to her abusive relationship.
F.20(b)appliedFinancial ConsiderationsThe applicant acted responsibly under the circumstances of her financial difficulties.
F.20(d)appliedFinancial ConsiderationsThe applicant initiated good-faith efforts to repay overdue creditors.
E.2(a)appliedPersonal ConductThe applicant did not intentionally falsify her questionnaire; her incomplete information was due to lack of awareness.

Key Rule Quoted

“The Administrative Judge’s over-arching adjudicative goal is a fair, impartial and common sense decision.”

Procedural Posture

SOR issuedMar 21, 2008
Answer filedApr 22, 2008
Hearing heldJul 1, 2008
Decision dateDec 10, 2008

Cite For

Mitigation of Financial Difficulties Under Guideline F Due to Personal Circumstances
Credibility of Applicant's Intent to Resolve Debts
Evaluation of Personal Conduct in Light of Lack of Intent to Deceive Under Guideline E

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	The Government alleges that the Applicant is ineligible for a determination of trustworthiness because she made false statements to the Government during her investigation.	For Applicant	Lack of Candor in InterviewNOT DELIBERATE	Financial	Denied	—	—	—
2.b	The Applicant did not disclose the debts set forth in subparagraphs 1.c., 1.d., and 1.e.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Financial	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

The Government alleges that the Applicant is ineligible for a determination of trustworthiness because she made false statements to the Government during her investigation.

For Applicant

Lack of Candor in InterviewNOT DELIBERATE

Financial

Denied

—

2.b

The Applicant did not disclose the debts set forth in subparagraphs 1.c., 1.d., and 1.e.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Financial

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	The Applicant admits that she owes approximately $10,362.47 to the Department of Education for student loans. $10,362	For Applicant	Student Loan Debt	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.b	The Applicant was making occasional payments on this account from 2004 until March of this year. $10,362	For Applicant	Student Loan Debt	Admitted	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.c	The Applicant admits that a judgment was entered against her in 2003 for $4,379.00. $4,379	For Applicant	Judgment Against Applicant	Admitted	—	—	Claimed Debt Paid in Full
1.d	The Applicant admits that she owes approximately $956.00 to a bank on a credit card. $956	For Applicant	Credit Card Debt	Admitted	—	—	Claimed Debt Paid in Full
1.e	The Applicant admits that she owes a hospital $974.00 in medical expenses. $974	For Applicant	Medical Debt	Admitted	—	(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

The Applicant admits that she owes approximately $10,362.47 to the Department of Education for student loans.

$10,362

For Applicant

Student Loan Debt

Admitted

—

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

Documented

Debt Paid in Full

1.b

The Applicant was making occasional payments on this account from 2004 until March of this year.

$10,362

For Applicant

Student Loan Debt

Admitted

—

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

Documented

Debt Paid in Full

1.c

The Applicant admits that a judgment was entered against her in 2003 for $4,379.00.

$4,379

For Applicant

Judgment Against Applicant

Admitted

—

Claimed

Debt Paid in Full

1.d

The Applicant admits that she owes approximately $956.00 to a bank on a credit card.

$956

For Applicant

Credit Card Debt

Admitted

—

Claimed

Debt Paid in Full

1.e

The Applicant admits that she owes a hospital $974.00 in medical expenses.

$974

For Applicant

Medical Debt

Admitted

—

(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

DECISION