Summary
The applicant, a 39-year-old internet security analyst, faced security clearance denial under Guideline F due to over $42,000 in unresolved debts. Despite claiming some debts belonged to his ex-wife and asserting a plan to manage his finances, the judge found insufficient evidence of financial responsibility or mitigation of concerns.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant has made no payment on the $16,237 (1.a). Applicant asserts this debt of $80 is a medical debt incurred by his ex-wife after they separated (1.b). Applicant asserts this debt of $160 is a medical debt incurred by his ex-wife after they separated (1.c). Applicant has made no payment on the $2,103 (1.d). Applicant has made no payment on the $1,478 (1.e). Applicant has made no payment on the $283 (1.f). Applicant has made no payment on the $2,688 (1.h). Applicant asserts this debt of $2,716 is for a dining room set awarded to his ex-wife in the divorce (1.i). Applicant asserts this debt of $411 is a medical debt incurred by his ex-wife after they separated (1.j). Applicant asserts he thought he had paid the $243 telephone bill (1.k). Applicant has made no payment on the $1,014 (1.l). Applicant has made no payment on the $15,893 (1.m). Applicant asserts he returned some traction equipment used in his physical therapy (1.o). Applicant has made no payment on the $469 (1.p). Applicant owes a $184 electrical bill (1.q).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: Applicant owes more than $42,000 in past due obligations that have been placed for collection; Applicant failed to document that several debts were his ex-wife's obligations; None of the debts listed in the Statement of Reasons have been paid.
Why the Applicant Was Denied
- Applicant owes more than $42,000 in past due obligations that have been placed for collection.
- Applicant failed to document that several debts were his ex-wife's obligations.
- None of the debts listed in the Statement of Reasons have been paid.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlApplicant failed to establish how his divorce affects his current ability to pay his debts.
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the ProblemApplicant has made no payment on any debt listed in the SOR.
- AG ¶ 20(d)rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue CreditorsApplicant is behind on his current credit card accounts and receiving calls demanding payment.
Key Rule Quoted
“A person who seeks access to classified information enters into a fiduciary relationship with the government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedSep 25, 2008
- Answer filedNov 21, 2008
- Hearing heldMar 17, 2009
- Decision dateMay 20, 2009
Cite For
- Denial of Security Clearance Due to Unresolved Financial Obligations
- Failure to Demonstrate Financial Responsibility Under Guideline F
- Insufficient Evidence of Mitigating Circumstances for Financial Issues