ISCR Case 07-14535.h1

Case Headnote

ISCR Case No. 07-14535.h1

deniedJan 9, 2009· Hon. Wilford H. Ross· hearing

Summary

A 29-year-old single male employed by a defense contractor was denied a security clearance under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The denial stemmed from significant financial debts exceeding $23,000 and a history of criminal behavior, including a felony assault charge. The judge concluded that the applicant's financial irresponsibility and ongoing probation for criminal conduct raised serious doubts about his reliability and trustworthiness.

Under Guideline F, the applicant admitted to multiple outstanding debts, including $100 to NCO Fin/99, $1,198 to Arrow Ser, $306 to HSBC Bank, $1,572 to Lvnv Fundg, and $6,783 to Discover, with no payments made or intended. He also owed $21,886 for six student loans, later consolidated to Sallie Mae for approximately $14,000, on which he had made only one payment of $131 after several years of non-payment.

Under Guideline J, the applicant had a criminal record including a December 2005 arrest for assaulting his younger sister, resulting in a guilty plea to assault by means likely to produce great bodily injury, and a sentence of three years formal probation, a stayed jail term, community service, and a fine. His probation was set to expire in March 2009. Other offenses included a $420 fine in August 2006 for taking lobster out of season, and a 2001 arrest for drag racing, which resulted in three years summary probation and a $502 fine. The applicant showed no evidence of remorse or understanding regarding his criminal actions.

Why the Applicant Was Denied

The applicant admitted to over $23,000 in past due debts, demonstrating an inability to manage financial obligations.
The applicant's criminal history includes a felony assault conviction and other offenses, indicating poor judgment and reliability.
The applicant showed no evidence of remorse or understanding regarding his criminal actions, and he remained on probation at the time of the hearing.

Conditions Referenced

Disqualifying

AG ¶ 19(a)appliedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)appliedA History of Not Meeting Financial Obligations
AG ¶ 31(a)appliedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(d)appliedIndividual Is Currently on Parole or Probation

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedApr 21, 2008
Answer filedApr 29, 2008
Hearing heldAug 12, 2008
Decision dateJan 9, 2009

Cite For

Financial Irresponsibility as a Disqualifying Factor Under Guideline F
Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J
The Importance of Demonstrating Rehabilitation and Remorse 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	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	The Applicant admits that he is indebted to NCO Fin/99 in the amount of $100.00, for an account placed for collection by Sprint PCS. The Applicant has made no payments on this debt and has no current intention to make payments on this debt. $100	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.b	The Applicant admits that he is indebted to Arrow Ser in the amount of $1,198.00, for an account placed for collection by AFS Assig. The Applicant has made no payments on this debt and has no current intention to make payments on this debt. $1,198	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.c	The Applicant admits that he is indebted to HSBC Bank in the amount of $306.00. The Applicant has made no payments on this debt and has no current intention to make payments on this debt. $306	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.d	The Applicant admits that he is indebted to Lvnv Fundg in the amount of $1,572.00. The Applicant has made no payments on this debt and has no current intention to make payments on this debt. $1,572	Against Applicant	Unspecified Financial	Admitted	—	—	—
1.e	The Applicant admits that he owed USA Funds $21,886.00 for six student loans. These loans were all consolidated and transferred to Sallie Mae in approximately May or June of 2008. According to the Applicant, the amount owed has been reduced to approximately $14,000.00. He has made one payment of $131.00 to Sallie Mae since the consolidation took place. Before that he had not made any payments for several years. $14,000	Against Applicant	Student Loan Debt	Admitted	—	—	—
1.f–1.h	3 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—
1.i	The Applicant admits that he is indebted to Discover in the amount of $6,783.00. The Applicant has made no payments on this debt and has no current intention to make payments on this debt. $6,783	Against Applicant	Credit Card Debt	Admitted	—	—	—
1.j–1.k	2 sub-charges — specific text not stated in this decision (against the applicant). (low confidence)	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

The Applicant admits that he is indebted to NCO Fin/99 in the amount of $100.00, for an account placed for collection by Sprint PCS. The Applicant has made no payments on this debt and has no current intention to make payments on this debt.

$100

Against Applicant

Unspecified Financial

Admitted

—

1.b

The Applicant admits that he is indebted to Arrow Ser in the amount of $1,198.00, for an account placed for collection by AFS Assig. The Applicant has made no payments on this debt and has no current intention to make payments on this debt.

$1,198

Against Applicant

Unspecified Financial

Admitted

—

1.c

The Applicant admits that he is indebted to HSBC Bank in the amount of $306.00. The Applicant has made no payments on this debt and has no current intention to make payments on this debt.

$306

Against Applicant

Unspecified Financial

Admitted

—

1.d

The Applicant admits that he is indebted to Lvnv Fundg in the amount of $1,572.00. The Applicant has made no payments on this debt and has no current intention to make payments on this debt.

$1,572

Against Applicant

Unspecified Financial

Admitted

—

1.e

The Applicant admits that he owed USA Funds $21,886.00 for six student loans. These loans were all consolidated and transferred to Sallie Mae in approximately May or June of 2008. According to the Applicant, the amount owed has been reduced to approximately $14,000.00. He has made one payment of $131.00 to Sallie Mae since the consolidation took place. Before that he had not made any payments for several years.

$14,000

Against Applicant

Student Loan Debt

Admitted

—

1.f–1.h

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

Against Applicant

—

1.i

The Applicant admits that he is indebted to Discover in the amount of $6,783.00. The Applicant has made no payments on this debt and has no current intention to make payments on this debt.

$6,783

Against Applicant

Credit Card Debt

Admitted

—

1.j–1.k

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

Against Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	The Applicant was cited in August 2006 for taking a lobster out of season. He knew at the time he did it that it was not lobster season and that taking the lobster was illegal. He was fined $420.00 for this offense. (Government Exhibit 3 at 3; Transcript at 32-33, 35.)	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program	—	—
2.b	The Applicant was arrested in December 2005 after assaulting his younger sister and charged with Assault With a Deadly Weapon. The Applicant, in describing this event, states, “I laid my hand on her.” He admitted that he had pushed his teenage sister down on the ground and backhanded her across the face in a dispute over a car stereo speaker. (Government Exhibit 3 at 2-3; Transcript at 30-32, 36-38.) He plead guilty and admitted that he, “Unlawfully committed an assault upon the person of another by means likely to produce great bodily injury.” (Government Exhibit 4 at 19.) His sentence included formal probation for a period of three years, a jail term, which was stayed pending successful completion of probation, community service and a fine. His probation is due to expire in March 2009. (Government Exhibit 4 at 15.)	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program	—	—
2.c	The Applicant was arrested in 2001 for being involved in a drag race. He was granted three years summary probation and fined $502.00. (Government Exhibit 3 at 1-2; Transcript at 35-36.)	Against Applicant	Unspecified Criminal Conduct	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (d) violation of parole/probation or failure to complete a court program	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

The Applicant was cited in August 2006 for taking a lobster out of season. He knew at the time he did it that it was not lobster season and that taking the lobster was illegal. He was fined $420.00 for this offense. (Government Exhibit 3 at 3; Transcript at 32-33, 35.)

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(d) violation of parole/probation or failure to complete a court program

—

2.b

The Applicant was arrested in December 2005 after assaulting his younger sister and charged with Assault With a Deadly Weapon. The Applicant, in describing this event, states, “I laid my hand on her.” He admitted that he had pushed his teenage sister down on the ground and backhanded her across the face in a dispute over a car stereo speaker. (Government Exhibit 3 at 2-3; Transcript at 30-32, 36-38.) He plead guilty and admitted that he, “Unlawfully committed an assault upon the person of another by means likely to produce great bodily injury.” (Government Exhibit 4 at 19.) His sentence included formal probation for a period of three years, a jail term, which was stayed pending successful completion of probation, community service and a fine. His probation is due to expire in March 2009. (Government Exhibit 4 at 15.)

Against Applicant

Assault or Battery

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(d) violation of parole/probation or failure to complete a court program

—

2.c

The Applicant was arrested in 2001 for being involved in a drag race. He was granted three years summary probation and fined $502.00. (Government Exhibit 3 at 1-2; Transcript at 35-36.)

Against Applicant

Unspecified Criminal Conduct

Conduct No Charge

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(d) violation of parole/probation or failure to complete a court program

—

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Case Profile

Summary

Why the Applicant Was Denied

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