ISCR Case 08-03029.h1

Case Headnote

ISCR Case No. 08-03029.h1

deniedJul 1, 2008· Hon. Philip S. Howe· hearing

Summary

A 47-year-old naturalized U.S. citizen, originally from Lebanon, was denied a security clearance under Guideline B (Foreign Influence) due to significant family ties and financial interests abroad. The applicant admitted to having a mother, two brothers, and three sisters who are citizens and residents of Lebanon, to whom he has a moral obligation for support. He also retained a Lebanese passport for five years after becoming a U.S. citizen and held a savings account in a Lebanese bank with $485,000, which was closed in 2009. Additionally, he opened a savings account in Turkey in 2006 using his U.S. passport.

Concerns were raised regarding the applicant's failure to disclose income from his government contractor employment and his lack of real estate in the United States. Disqualifying conditions under Guideline B were identified, specifically regarding immediate family in a foreign country, foreign financial interests, and foreign travel. Mitigating conditions were considered, acknowledging that the foreign contacts were not agents of a foreign power and that the applicant's family ties were not recent.

However, the judge ultimately denied the application. The decision cited the applicant's significant family ties in Lebanon, which created a heightened risk of foreign exploitation, and his failure to demonstrate stronger ties to the U.S. than to Lebanon, including a lack of U.S. real estate or family connections. The substantial financial interests in foreign bank accounts were also deemed a potential source of coercion or manipulation.

Why the Applicant Was Denied

The applicant has significant family ties in Lebanon, creating a heightened risk of foreign exploitation.
The applicant failed to demonstrate stronger ties to the U.S. than to Lebanon, including real estate or family connections.
The applicant's substantial financial interests in foreign bank accounts could lead to coercion or manipulation.

Conditions Referenced

Disqualifying

AG ¶ 7(a)appliedContact with Foreign Family Members
AG ¶ 7(b)appliedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 7(e)appliedSubstantial Financial Interest in a Foreign Country

Mitigating

AG ¶ 8(a)rejectedNature of Relationships with Foreign PersonsThe applicant did not demonstrate that his familial relationships would not create a conflict of interest.
AG ¶ 8(b)rejectedNo Conflict of Interest Due to Minimal Loyalty to Foreign PersonsThe applicant failed to show greater connections to the U.S. than to Lebanon.

Key Rule Quoted

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

Procedural Posture

SOR issuedDec 17, 2008
Answer filedJan 15, 2009
Hearing held—Applicant requested decision on written record.
Decision dateJun 8, 2009

Cite For

Heightened Risk of Foreign Exploitation Due to Familial Ties Under Guideline B
Failure to Demonstrate Stronger Ties to the U.S. Than to Foreign Interests
Substantial Financial Interests in Foreign Countries as a Disqualifying Factor Under Guideline B

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
1.a	Applicant's mother is a citizen and resident of Lebanon. He has a moral obligation to help his mother with her living expenses and medical costs.	Against Applicant	Parent in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.b	The SOR alleges Applicant has two brothers and three sisters who are citizens and residents of Lebanon.	Against Applicant	Sibling in Foreign Country Immediate Family	Lebanon HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.c	Applicant has retained a Lebanese passport from September 1998 to September 2003, after he became a U.S. citizen.	Against Applicant	Unspecified Foreign Relationship Other	Lebanon 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 (e) shared living quarters creating a heightened risk	—	—
1.d	Applicant opened a saving account in a Lebanese bank in October 1999. This account had $485,000 in it until it was closed in February 2009.	Against Applicant	Foreign Bank Account or Investment Financial or Property Interest	Lebanon 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 (e) shared living quarters creating a heightened risk	—	—
1.e	Applicant opened another savings account in December 2006 in Turkey. He used his U.S. passport to open that account.	Against Applicant	Foreign Bank Account or Investment Financial or Property Interest	Turkey	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.f	Applicant has not disclosed his income from his government contractor employment.	Against Applicant	Unspecified Foreign Relationship Other	—	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—
1.g	Applicant does not have any real estate in the United States.	Against Applicant	Unspecified Foreign Relationship Other	—	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (e) shared living quarters creating a heightened risk	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant's mother is a citizen and resident of Lebanon. He has a moral obligation to help his mother with her living expenses and medical costs.

Against Applicant

Parent in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.b

The SOR alleges Applicant has two brothers and three sisters who are citizens and residents of Lebanon.

Against Applicant

Sibling in Foreign Country

Immediate Family

Lebanon

HEIGHTENED RISK

Admitted

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.c

Applicant has retained a Lebanese passport from September 1998 to September 2003, after he became a U.S. citizen.

Against Applicant

Unspecified Foreign Relationship

Other

Lebanon

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

(e) shared living quarters creating a heightened risk

—

1.d

Applicant opened a saving account in a Lebanese bank in October 1999. This account had $485,000 in it until it was closed in February 2009.

Against Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Lebanon

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

(e) shared living quarters creating a heightened risk

—

1.e

Applicant opened another savings account in December 2006 in Turkey. He used his U.S. passport to open that account.

Against Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Turkey

Denied

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.f

Applicant has not disclosed his income from his government contractor employment.

Against Applicant

Unspecified Foreign Relationship

Other

—

Denied

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

1.g

Applicant does not have any real estate in the United States.

Against Applicant

Unspecified Foreign Relationship

Other

—

Denied

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

(b) connections creating a potential conflict of interest

(e) shared living quarters creating a heightened risk

—

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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

FOOTNOTES