ISCR Case 07-16381.h1

Case Headnote

ISCR Case No. 07-16381.h1

deniedJan 30, 2009· Hon. Wilford H. Ross· hearing

Summary

A 51-year-old defense contractor was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), E (Personal Conduct), and F (Financial Considerations). The applicant's family residing in Lebanon raised foreign influence concerns, while his possession and use of a Lebanese passport after becoming a U.S. citizen indicated foreign preference. Additionally, the applicant faced financial difficulties that impacted his reliability.

Specific allegations included the applicant's use of a Lebanese passport to travel to and from Lebanon, which he testified was for ease of entry without needing a visa. The government also alleged the applicant made false statements to the Department of Defense during the screening process. Financial issues involved an American Express debt of approximately $827, paid in June 2008, and a disputed Bank of America debt of about $6,839, which the applicant attributed to a friend's unauthorized use of his credit card. This debt was later settled for $2,572. The applicant also could not confirm or deny a medical debt of approximately $395 due to a lack of creditor information.

Despite some mitigating factors being acknowledged, the decision to deny the clearance was based on the cumulative weight of these concerns regarding foreign ties, foreign preference, personal conduct, and financial stability.

Why the Applicant Was Denied

The applicant has family members residing in Lebanon, creating a potential for foreign influence.
The applicant possessed and used a Lebanese passport after becoming a U.S. citizen, indicating a preference for a foreign country.
The applicant's financial difficulties raised concerns about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 7(a)appliedContact with Foreign Family Members
AG ¶ 7(b)appliedConnections to Foreign Persons
AG ¶ 7(d)appliedSharing Living Quarters with Foreign Persons
AG ¶ 10(a)(1)appliedPossession of a Current Foreign Passport

Mitigating

AG ¶ 11(e)appliedSurrender of Foreign Passport
AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant failed to demonstrate that his relationships with foreign family members would not create a conflict of interest.
AG ¶ 8(b)rejectedNo Conflict of InterestThe applicant did not provide compelling evidence to show no conflict of interest existed.

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 15, 2008
Answer filedMay 8, 2008
Hearing heldAug 14, 2008
Decision dateJan 30, 2009

Cite For

Foreign Influence Due to Family Ties Under Guideline B
Foreign Preference Indicated by Possession of a Foreign Passport Under Guideline C
Financial Difficulties Impacting Security Clearance Eligibility Under Guideline F

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–2.e	5 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant	Unspecified Foreign Relationship Immediate Family	— HEIGHTENED RISK		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a–2.e

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

Against Applicant

Unspecified Foreign Relationship

Immediate Family

—

HEIGHTENED RISK

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	The Applicant had and used a Lebanese passport to travel to Lebanon after he became an American citizen.	For Applicant	Foreign Passport Possession or Use	Denied	(a) applying for and/or acquiring citizenship in any other country	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.b	The Applicant used both of them to enter and leave Lebanon.	For Applicant	Foreign Passport Possession or Use	Denied	(a) applying for and/or acquiring citizenship in any other country	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—
1.c	The Applicant testified that he retained the Lebanese passport to ease his entry into Lebanon, because he would not have to obtain a Lebanese visa.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	(a) applying for and/or acquiring citizenship in any other country	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

The Applicant had and used a Lebanese passport to travel to Lebanon after he became an American citizen.

For Applicant

Foreign Passport Possession or Use

Denied

(a) applying for and/or acquiring citizenship in any other country

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

1.b

The Applicant used both of them to enter and leave Lebanon.

For Applicant

Foreign Passport Possession or Use

Denied

(a) applying for and/or acquiring citizenship in any other country

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

1.c

The Applicant testified that he retained the Lebanese passport to ease his entry into Lebanon, because he would not have to obtain a Lebanese visa.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

(a) applying for and/or acquiring citizenship in any other country

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
4.a	The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has made false statements to the Department of Defense during the clearance screening process.	For Applicant	Lack of Candor in Interview	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

The Government alleges in this paragraph that the Applicant is ineligible for clearance because he has made false statements to the Department of Defense during the clearance screening process.

For Applicant

Lack of Candor in Interview

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	The Applicant was indebted to American Express in the approximate amount of $827.00 (SOR 2.a.). This debt was paid in June 2008. $827	For Applicant	Credit Card Debt	Admitted	—	—	—
3.b	The Applicant was in a dispute with LVNV Funding as to a debt in the approximate amount of $6,839.00 for Bank of America (SOR 2.b.). The Applicant has consistently stated that this debt was the result of a “friend” using the Applicant’s credit card without his knowledge and buying equipment for the friend’s business. The Applicant has resolved the debt and paid $2,572.00 in settlement. $6,839	For Applicant	Credit Card Debt	Denied with Explanation	—	—	—
3.c	The Applicant cannot admit or deny that he owes a medical debt of approximately $395.00 (SOR 2.c.). He has been unable to find any information on this debt because none of the available credit reports provide any contact information as to the creditor or a collection agency. $395	For Applicant	Medical Debt	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

The Applicant was indebted to American Express in the approximate amount of $827.00 (SOR 2.a.). This debt was paid in June 2008.

$827

For Applicant

Credit Card Debt

Admitted

—

3.b

The Applicant was in a dispute with LVNV Funding as to a debt in the approximate amount of $6,839.00 for Bank of America (SOR 2.b.). The Applicant has consistently stated that this debt was the result of a “friend” using the Applicant’s credit card without his knowledge and buying equipment for the friend’s business. The Applicant has resolved the debt and paid $2,572.00 in settlement.

$6,839

For Applicant

Credit Card Debt

Denied with Explanation

—

3.c

The Applicant cannot admit or deny that he owes a medical debt of approximately $395.00 (SOR 2.c.). He has been unable to find any information on this debt because none of the available credit reports provide any contact information as to the creditor or a collection agency.

$395

For Applicant

Medical Debt

Unknown

—

Loading case…

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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES