Summary
The applicant, a defense sector employee with 30 years of experience, faced security clearance denial under Guidelines E and F due to financial difficulties and willful falsification of his e-QIP. Despite filing for Chapter 7 Bankruptcy and awaiting an inheritance to resolve debts, the judge found insufficient mitigation of security concerns related to personal conduct and financial irresponsibility.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The Applicant was less than candid when he answered Section 28 on his September 2007 e-QIP. He checked the “No” boxes, as to having any debts more that 90 or 180 days past due, in the last seven years. He answered these questions falsely, as he was in “[f]ear of keeping his job.” I find this to be a wilful falsification (2.a). The first debt is to creditor #1 in the past due amount of about $2,450 (1.a). The second debt is to creditor #2 in the past due amount of about $1,683 (1.b). The third debt is to creditor #3 in the past due amount of about $4,357 (1.c). The fourth debt is to creditor #4 in the past due amount of about $200 (1.d). The fifth debt is to creditor #5 in the past due amount of about $2,370 (1.e). The last debt is to creditor #6 in the past due amount of about $1,037 (1.f).
The judge denied the clearance. The government raised disqualifying conditions E2.a, F1.a, F1.c. The judge applied mitigating conditions F2.d. The decision turned on the following: The applicant willfully falsified his e-QIP regarding past due debts, demonstrating a lack of candor; The applicant has multiple past due debts and filed for Chapter 7 Bankruptcy, indicating financial irresponsibility.
Why the Applicant Was Denied
- The applicant willfully falsified his e-QIP regarding past due debts, demonstrating a lack of candor.
- The applicant has multiple past due debts and filed for Chapter 7 Bankruptcy, indicating financial irresponsibility.
Conditions Referenced
- E2.aappliedPersonal Conduct - Falsification
- F1.araisedFinancial Considerations - Inability to Satisfy Debts
- F1.craisedFinancial Considerations - History of Not Meeting Financial Obligations
- F2.drejectedFinancial Considerations - Good-faith Effort to Repay DebtsThe applicant's bankruptcy filing does not mitigate the falsification of his e-QIP.
Key Rule Quoted
“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”
Procedural Posture
- SOR issuedOct 31, 2008
- Answer filedNov 24, 2008
- Hearing heldJan 22, 2009
- Decision dateMar 2, 2009
Cite For
- Willful Falsification of E-qip Under Guideline E
- Financial Irresponsibility Under Guideline F
- Insufficient Mitigation of Security Concerns Due to Personal Conduct and Financial Issues