ISCR Case 08-03432.h1

Case Headnote

ISCR Case No. 08-03432.h1

deniedDec 18, 2008· Hon. Joan Caton Anthony· hearing

Summary

A 40-year-old college graduate and single mother was denied a security clearance due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The denial stemmed from a history of unresolved financial debts and recent criminal offenses, with the judge concluding that the applicant failed to sufficiently mitigate these concerns.

Regarding financial issues, the applicant had several outstanding debts. These included a delinquent debt of $2,077 from 2001, an approximately $1,087 charged-off account from 2003 (which the applicant claimed was paid but lacked sufficient documentation), and an $8,584 judgment from 2003, on which about $6,000 remained despite wage garnishments through June 2008. Other debts included a $2,219 collection account to a landlord and a $3,075 judgment from 2004 that remained unpaid after a settlement request was denied.

In terms of criminal conduct, the applicant was charged with Assault Police Officer, which was later nolle prosequi, and pleaded guilty to driving in a bus lane. More significantly, in 2006, an arrest warrant led to charges including Reckless Endangerment, Assault - First Degree, Assault - Second Degree, and Theft: Less $500 Value, after she hit an automobile dealer’s employee and left the scene. She pleaded guilty to Assault - Second Degree and Theft: Less $500 Value, receiving three years of probation and court costs in September 2006. The judge found the applicant did not present a clear plan to resolve her financial issues or demonstrate rehabilitation from her criminal conduct.

Why the Applicant Was Denied

The applicant had a significant history of unresolved financial debts, including multiple delinquent accounts and judgments.
The applicant was currently on probation for recent criminal offenses, which raised concerns about her reliability and judgment.
The applicant did not provide a clear plan to address her financial issues or demonstrate successful rehabilitation from her criminal conduct.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation

Mitigating

AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlThe applicant's financial difficulties were acknowledged, but not sufficiently mitigated.
AG ¶ 32(a)rejectedTime Elapsed Since the Criminal BehaviorThe applicant's recent criminal conduct continued to raise concerns.
AG ¶ 32(d)rejectedEvidence of Successful RehabilitationThe applicant did not demonstrate remorse or a clear path to rehabilitation.

Key Rule Quoted

“Failure or inability to live within one’s means, satisfy debts, and meet financial obligations may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations, all of which can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”

Procedural Posture

SOR issuedAug 20, 2008
Answer filedOct 15, 2008
Hearing heldDec 1, 2008
Decision dateDec 18, 2008

Cite For

Denial of Security Clearance Due to Unresolved Financial Obligations Under Guideline F
Impact of Recent Criminal Conduct on Security Clearance Eligibility Under Guideline J
Consideration of the Whole Person Concept in Security Clearance Decisions.

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	Applicant owed a delinquent debt, alleged at SOR ¶ 1.a, which had been placed for collection in about May 2001 and which had not been satisfied as of March 14, 2008. The SOR alleged she owed the creditor $2,077. $2,077	Against Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e	Applicant owed a debt of approximately $1,087 to a creditor on an account that had been charged off in March 2003. In her answer, Applicant denied the debt. At her hearing, Applicant stated the debt had been paid and provided documentation that purported to show the debt had been satisfied. $1,087	For Applicant	Unspecified Financial	Denied	—	—	Documented Debt Paid in Full
1.f	Applicant owed a creditor about $8,584 on a judgment entered against her in April 2003. The SOR also alleged that, as of June 2008, Applicant’s wages had been garnished to satisfy the judgment. Applicant admitted the debt and stated that her wages had been garnished to satisfy the debt. The last time her wages were garnished to satisfy the debt was in June 2008. She still owes the creditor about $6,000 on the debt. $8,584	Against Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.g	A collection account debt of $2,219 to a landlord. Applicant denied the allegation at ¶ 1.g and admitted the judgment at ¶ 1.k. She stated that ¶ 1.g duplicated ¶ 1.k. The debt has not been satisfied, and Applicant failed to provide documentation to support her assertion that ¶ 1.g duplicated ¶ 1.k. $2,219	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.h	Applicant admitted a debt of $3,075 on a judgment entered against her in March 2004. Applicant contacted the judgment creditor and requested a settlement. The creditor refused to settle the debt, which has not been paid. $3,075	Against Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant owed a delinquent debt, alleged at SOR ¶ 1.a, which had been placed for collection in about May 2001 and which had not been satisfied as of March 14, 2008. The SOR alleged she owed the creditor $2,077.

$2,077

Against Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.e

Applicant owed a debt of approximately $1,087 to a creditor on an account that had been charged off in March 2003. In her answer, Applicant denied the debt. At her hearing, Applicant stated the debt had been paid and provided documentation that purported to show the debt had been satisfied.

$1,087

For Applicant

Unspecified Financial

Denied

—

Documented

Debt Paid in Full

1.f

Applicant owed a creditor about $8,584 on a judgment entered against her in April 2003. The SOR also alleged that, as of June 2008, Applicant’s wages had been garnished to satisfy the judgment. Applicant admitted the debt and stated that her wages had been garnished to satisfy the debt. The last time her wages were garnished to satisfy the debt was in June 2008. She still owes the creditor about $6,000 on the debt.

$8,584

Against Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.g

A collection account debt of $2,219 to a landlord. Applicant denied the allegation at ¶ 1.g and admitted the judgment at ¶ 1.k. She stated that ¶ 1.g duplicated ¶ 1.k. The debt has not been satisfied, and Applicant failed to provide documentation to support her assertion that ¶ 1.g duplicated ¶ 1.k.

$2,219

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.h

Applicant admitted a debt of $3,075 on a judgment entered against her in March 2004. Applicant contacted the judgment creditor and requested a settlement. The creditor refused to settle the debt, which has not been paid.

$3,075

Against Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	Applicant was arrested, taken into custody, and charged with Assault Police Officer. The charge was later nolle prosequi. Applicant pleaded guilty to driving in a bus lane.	Against Applicant	Assault or Battery	Conduct No Charge	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.b	In about February 2006, Applicant was pulled over by police because her license plate was not properly attached to her car. In checking Applicant’s information in the police database, the officer who stopped Applicant learned that an arrest warrant had been issued for Applicant. The warrant specified four counts: Reckless Endangerment, Assault - First Degree, Assault - Second Degree, and Theft: Less $500 Value. The warrant had been issued because in January 2006 she had hit an automobile dealer’s employee with her automobile and left the premises. Applicant was tried. She pleaded guilty to Assault - Second Degree and Theft: Less $500 Value. Judgment was Stayed, and in September 2006, Applicant was awarded three years probation and ordered to pay court costs. The other two counts were nolle prosequi.	Against Applicant	Assault or Battery	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation (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

Applicant was arrested, taken into custody, and charged with Assault Police Officer. The charge was later nolle prosequi. Applicant pleaded guilty to driving in a bus lane.

Against Applicant

Assault or Battery

Conduct No Charge

Admitted

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

(c) currently on parole or probation

—

2.b

In about February 2006, Applicant was pulled over by police because her license plate was not properly attached to her car. In checking Applicant’s information in the police database, the officer who stopped Applicant learned that an arrest warrant had been issued for Applicant. The warrant specified four counts: Reckless Endangerment, Assault - First Degree, Assault - Second Degree, and Theft: Less $500 Value. The warrant had been issued because in January 2006 she had hit an automobile dealer’s employee with her automobile and left the premises. Applicant was tried. She pleaded guilty to Assault - Second Degree and Theft: Less $500 Value. Judgment was Stayed, and in September 2006, Applicant was awarded three years probation and ordered to pay court costs. The other two counts were nolle prosequi.

Against Applicant

Assault or Battery

Convicted

Admitted

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

(c) currently on parole or probation

(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

FOOTNOTES