Summary
The applicant, a 69-year-old federal contractor employee, faced security concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations) due to a history of unpaid taxes and a brief marriage to a Russian immigrant. Despite mitigating some foreign influence concerns, the applicant's long-standing financial issues and failure to demonstrate responsible financial behavior led to the denial of her application for a public trust position.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant married a Russian immigrant who she met at her church in April 2007 after a brief courtship. He needed to marry an American in order to obtain a green card and keep his job. Although they could barely communicate due to his poor English skills, he was very nice to her and she married him because she “thought this would be good.” He worked in a city about 20 miles from where she lives, and stayed there with friends during the week after their marriage. He would stay at her house on weekends at first. She sponsored his application for a green card, and he was able to keep his job. After about a year of this, she asked him to contribute toward meeting household expenses and he refused. In April 2008, Applicant decided she had “had enough” and told him to move out. She has not spoken to him since then. She intends to divorce him someday, if and when she can afford the legal costs of doing so. She speaks no Russian, has never met or spoken to any of his children who live in Germany and Russia, and has no ongoing family relationship with him except being legally married (2.a). During the period from April 2007 to April 2008, when Applicant and her husband had some semblance of a family relationship, none of these conditions applied. However, since then she has had no contact with him whatsoever, and has no intention of pursuing any future relationship. She has never had any communication with any of his children, and has no other contact with any Russians. Although Russia is among the most active foreign nations targeting intelligence collection efforts against the U.S., there is nothing about her brief relationship with this Russian immigrant that would presently heighten the risk of her being targeted or exploited. She has no present loyalty or obligation toward him or any foreign entity (2.b). The state in which she formerly resided, until 2000, filed tax liens against Applicant for $738 in August 2000, for $1,370 in September 2003, and for $2,425 in October 2003 (1.a). The Federal government filed a tax lien against Applicant in the amount of $17,771 in September 2004 (1.b). Applicant has continued those payments to date, and her remaining state tax arrearage was $850.55 as of February 18, 2009 (1.c). This document reflects that her total delinquent Federal tax debt is $38,955, and includes arrearages from tax years 2002, 2003, 2004, and 2007, in addition to the three earlier years covered by the 2004 lien (1.d).
The judge denied the clearance. The government raised disqualifying conditions F.1, F.2, F.3, B.1, B.2. The judge applied mitigating conditions F.1, F.2, F.3, F.4, B.1, B.2, B.3. The decision turned on the following: The applicant failed to pay state and Federal income taxes for many years after her bankruptcy discharge; She has a significant tax debt exceeding $39,000, with repayment plans initiated only after receiving the SOR; The applicant's deliberate choice to evade tax obligations reflects poor judgment and a lack of reliability.
Why the applicant was denied
- The applicant failed to pay state and Federal income taxes for many years after her bankruptcy discharge.
- She has a significant tax debt exceeding $39,000, with repayment plans initiated only after receiving the SOR.
- The applicant's deliberate choice to evade tax obligations reflects poor judgment and a lack of reliability.
Conditions referenced
- F.1raisedInability or Unwillingness to Satisfy Debts
- F.2raisedA History of Not Meeting Financial Obligations
- F.3raisedDeceptive or Illegal Financial Practices
- B.1raisedContact with a Foreign Family Member
- B.2raisedConnections to a Foreign Person That Create a Potential Conflict of Interest
- F.1rejectedThe Behavior Happened so Long Ago or Was InfrequentThe applicant's tax issues span over ten years and are ongoing.
- F.2rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant's financial issues were a result of her own choices.
- F.3notedThe Person Has Received or Is Receiving Counseling for the Problem
- F.4rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue CreditorsRepayment efforts began only after the SOR was issued.
- B.1appliedThe Nature of the Relationships with Foreign Persons Is Such That It Is Unlikely to Create a Conflict of InterestThe applicant has no ongoing relationship with her foreign spouse.
- B.2appliedThere Is No Conflict of Interest Due to Deep and Longstanding Relationships in the U.S.The applicant has no current loyalty to her foreign spouse.
- B.3appliedContact with Foreign Citizens Is so Casual and InfrequentThe applicant has had no contact with her spouse since their separation.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedNov 19, 2008
- Answer filedDec 3, 2008
- Hearing heldMar 10, 2009
- Decision dateApr 9, 2009
Cite for
- Denial of Security Clearance Due to Significant Financial Obligations and Tax Evasion
- Impact of Foreign Influence Concerns in Brief Marital Relationships
- Evaluation of Financial Responsibility Under Guideline F