ISCR Case 08-10238.h1

Case Headnote

ISCR Case No. 08-10238.h1

deniedSep 30, 2009· Hon. Roger C. Wesley· hearing

Summary

A 29-year-old software engineer and dual U.S./Nigerian citizen was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline F (Financial Considerations). The applicant had significant financial issues, including three adverse judgments totaling over $18,000 and seven additional debts exceeding $7,000, one of which was a delinquent auto installment account from 1999 for $595, and an unpaid traffic ticket for $460.

Foreign influence concerns stemmed from the applicant's extensive family ties to Nigeria. His spouse, two sisters, and in-laws are Nigerian citizens, and his father is a Nigerian citizen who previously contracted for the Nigerian government and resides in both the U.S. and Nigeria. His mother and two brothers are dual U.S./Nigerian citizens. The applicant himself resided and worked in Nigeria from December 2006 to July 2007 and traveled there multiple times between 2000 and 2005, also maintaining a Nigerian savings account.

Additionally, the applicant's personal conduct was a concern due to falsifications on his January 2008 security clearance application. He failed to disclose an active Nigerian passport, issued in January 2001 and expiring in December 2010, and an arrest in May 2006 for failure to appear on a traffic-related offense. The judge found these issues were not sufficiently mitigated, leading to the denial.

Why the Applicant Was Denied

The applicant incurred three adverse judgments totaling over $18,000 and accumulated additional debts exceeding $7,000.
The applicant's dual citizenship and family ties to Nigeria raised concerns about foreign influence.
The applicant failed to disclose an active Nigerian passport and a prior arrest on his security clearance application.

Conditions Referenced

Disqualifying

AG ¶ 6(a)raisedForeign Preference
AG ¶ 7(a)raisedCriminal Conduct
AG ¶ 19(a)raisedFinancial Considerations

Mitigating

AG ¶ 20(a)rejectedThe Behavior Was Not RecentThe applicant's financial issues were ongoing and not resolved.
AG ¶ 20(b)rejectedThe Conditions That Resulted in the Behavior Were Beyond the Person's ControlThe applicant's financial difficulties were attributed to personal choices and circumstances.
AG ¶ 20(c)rejectedThe Person Has Taken Positive Steps to Reduce or Eliminate the VulnerabilityThe applicant's efforts to address debts were insufficient and lacked concrete results.

Key Rule Quoted

“"The security clearance decision is not a determination of the applicant's character, but rather a determination of whether the applicant's access to classified information is clearly consistent with the national interest."”

Procedural Posture

SOR issuedApr 9, 2009
Answer filedApr 28, 2009
Hearing heldJun 29, 2009
Decision dateSep 30, 2009

Cite For

Foreign Influence Concerns Due to Familial Ties Under Guideline B
Financial Issues Impacting Security Clearance Under Guideline F
Failure to Disclose Relevant Information on Security Clearance Application Under Guideline E

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
2.a	has a spouse who is a citizen of Nigeria	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.b	has a mother and two brothers who are dual citizens of the U.S. and Nigeria	For Applicant	Parent in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.c	has a father who is a citizen of Nigeria, and resides in both the U.S. and Nigeria	For Applicant	Parent in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.d	has a father who previously served as a contractor to the Nigerian government	For Applicant	Unspecified Foreign Relationship Other GOVT-AFFILIATED	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.e	has two sisters who are citizens of Nigeria	For Applicant	Sibling in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.f	has parents in-law who are citizens of and reside in Nigeria	For Applicant	In Law in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.g	resided and worked in Nigeria between December 2006 and July 2007	For Applicant	Unspecified Foreign Relationship Other	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.h	traveled to Nigeria in or about December 2000, December 2001, July 2002, December 2002, and December 2005	For Applicant	Unspecified Foreign Relationship Other	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other
2.i	maintains a savings account in Nigeria	For Applicant	Foreign Bank Account or Investment Financial or Property Interest	Nigeria HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	Claimed Other

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

has a spouse who is a citizen of Nigeria

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Nigeria

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

2.b

has a mother and two brothers who are dual citizens of the U.S. and Nigeria

For Applicant

Parent in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

2.c

has a father who is a citizen of Nigeria, and resides in both the U.S. and Nigeria

For Applicant

Parent in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

2.d

has a father who previously served as a contractor to the Nigerian government

For Applicant

Unspecified Foreign Relationship

Other

GOVT-AFFILIATED

Nigeria

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

2.e

has two sisters who are citizens of Nigeria

For Applicant

Sibling in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

2.f

has parents in-law who are citizens of and reside in Nigeria

For Applicant

In Law in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

2.g

resided and worked in Nigeria between December 2006 and July 2007

For Applicant

Unspecified Foreign Relationship

Other

Nigeria

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

2.h

traveled to Nigeria in or about December 2000, December 2001, July 2002, December 2002, and December 2005

For Applicant

Unspecified Foreign Relationship

Other

Nigeria

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

2.i

maintains a savings account in Nigeria

For Applicant

Foreign Bank Account or Investment

Financial or Property Interest

Nigeria

HEIGHTENED RISK

Admitted

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

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

Claimed

Other

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	Applicant falsified the security clearance application he completed in January 2008, when he failed to disclose his possession of an active Nigerian passport that was issued in January 2001 and was due to expire in December 2010.	For Applicant	Omission or Failure to Disclose	Foreign Contacts or Interests	Denied	—	—	—
3.b	Applicant falsified the security clearance application he completed in January 2008, when he failed to disclose his arrest in May 2006 for failure to appear on a traffic-related offense.	For Applicant	Omission or Failure to Disclose	Criminal Conduct	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

Applicant falsified the security clearance application he completed in January 2008, when he failed to disclose his possession of an active Nigerian passport that was issued in January 2001 and was due to expire in December 2010.

For Applicant

Omission or Failure to Disclose

Foreign Contacts or Interests

Denied

—

3.b

Applicant falsified the security clearance application he completed in January 2008, when he failed to disclose his arrest in May 2006 for failure to appear on a traffic-related offense.

For Applicant

Omission or Failure to Disclose

Criminal Conduct

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	specific text not stated in this decision	For Applicant	Unspecified Financial	Unknown	—	—	—
1.b	incurred three adverse judgments against him that exceed $18,000 $10,722	Against Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts	—	—
1.c	adverse judgment in December 2005 in the amount of $4,705 $4,705	Against Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts	—	—
1.d	adverse judgment in January 2006 for $3,670 $3,670	Against Applicant	Judgment Against Applicant	Admitted	(a) inability to satisfy debts	—	—
1.e	accumulated seven debts exceeding $7,000	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts	—	—
1.f	delinquent debt from an aged auto installment account opened in 1999 in the amount of $595 $595	Against Applicant	Auto Loan Debt	Unknown	(a) inability to satisfy debts	—	—
1.g	unpaid traffic ticket in the amount of $460 $460	Against Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts	—	—
1.h	specific text not stated in this decision	Against Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

specific text not stated in this decision

For Applicant

Unspecified Financial

Unknown

—

1.b

incurred three adverse judgments against him that exceed $18,000

$10,722

Against Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

—

1.c

adverse judgment in December 2005 in the amount of $4,705

$4,705

Against Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

—

1.d

adverse judgment in January 2006 for $3,670

$3,670

Against Applicant

Judgment Against Applicant

Admitted

(a) inability to satisfy debts

—

1.e

accumulated seven debts exceeding $7,000

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

—

1.f

delinquent debt from an aged auto installment account opened in 1999 in the amount of $595

$595

Against Applicant

Auto Loan Debt

Unknown

(a) inability to satisfy debts

—

1.g

unpaid traffic ticket in the amount of $460

$460

Against Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

—

1.h

specific text not stated in this decision

Against Applicant

Unspecified Financial

Unknown

—

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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

CONCLUSION