ISCR Case 08-11000.h1

Case Headnote

ISCR Case No. 08-11000.h1

grantedMay 17, 2010· Hon. Rita C. O'Brien· hearing

Summary

A 46-year-old U.S. citizen and security officer, originally from Sierra Leone, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The Statement of Reasons detailed several financial allegations, including debts of $8,886, $7,817, $4,244, and $477, which were all settled. Additional debts of $4,785 and $3,489 were paid in full. One account for $514 was found to be up-to-date and in good standing, and a $4,319 debt was determined to have been paid around 2002, contrary to an initial admission.

The judge found that the applicant successfully mitigated these financial concerns by demonstrating responsible management, settling or paying off approximately $35,000 in debts. Furthermore, the applicant's ties to the U.S. were considered stronger than his limited foreign connections, and his infrequent contact with foreign family members did not present a heightened risk of foreign exploitation.

Ultimately, the applicant's demonstrated financial responsibility and strong U.S. ties led to the granting of his security clearance.

Why the Applicant Prevailed

The applicant demonstrated responsible financial management by settling or paying off debts totaling approximately $35,000.
The applicant's ties to the U.S. were deemed stronger than his limited foreign connections, reducing the risk of foreign influence.
The applicant's infrequent contact with foreign family members and the nature of those relationships did not present a heightened risk of foreign exploitation.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedForeign Influence - Contact with Foreign Family Members
AG ¶ 19(a)raisedFinancial Considerations - Inability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedFinancial Considerations - History of Not Meeting Financial Obligations

Mitigating

AG ¶ 8(a)appliedForeign Influence - Nature of Relationships
AG ¶ 8(b)appliedForeign Influence - No Conflict of Interest
AG ¶ 8(c)appliedForeign Influence - Casual and Infrequent Contact
AG ¶ 20(b)appliedFinancial Considerations - Conditions Beyond Control
AG ¶ 20(c)appliedFinancial Considerations - Counseling and Resolution

Key Rule Quoted

“A security clearance decision is intended only to resolve the question of whether it is clearly consistent with the national interest for an applicant to receive or continue to have access to classified information.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedJul 10, 2009
Answer filedAug 25, 2009
Hearing heldFeb 22, 2010
Decision dateMay 17, 2010

Cite For

Mitigation of Financial Considerations Under AG ¶ 20
Evaluation of Foreign Influence Under AG ¶ 8
Whole-person Analysis in Security Clearance Determinations

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
1.a–2.a	11 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a–2.a

11 sub-charges — specific text not stated in this decision (for the applicant).

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	$8,886 – SETTLED. $8,886	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
1.b	$4,785 – PAID IN FULL $4,785	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
1.c	$3,489 – PAID IN FULL $3,489	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
1.d	$7,817 – SETTLED $7,817	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
1.e	$4,244 – SETTLED $4,244	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
1.f	$477 – SETTLED $477	For Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
1.h	$514 – Account is up-to-date and in good standing. $514	For Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly	Documented Debt Paid in Full
1.j	$4,319 – Applicant testified that his admission to this debt in his Answer was an error. He paid it in approximately 2002, which is shown on his credit reports. $4,319	For Applicant	Unspecified Financial	Denied with Explanation	(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

$8,886 – SETTLED.

$8,886

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

1.b

$4,785 – PAID IN FULL

$4,785

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

1.c

$3,489 – PAID IN FULL

$3,489

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

1.d

$7,817 – SETTLED

$7,817

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

1.e

$4,244 – SETTLED

$4,244

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

1.f

$477 – SETTLED

$477

For Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

1.h

$514 – Account is up-to-date and in good standing.

$514

For Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

Documented

Debt Paid in Full

1.j

$4,319 – Applicant testified that his admission to this debt in his Answer was an error. He paid it in approximately 2002, which is shown on his credit reports.

$4,319

For Applicant

Unspecified Financial

Denied with Explanation

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

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Case Profile

Summary

Why the Applicant Prevailed

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

APPEARANCES

STATEMENT OF CASE

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON ANALYSIS

FORMAL FINDINGS

CONCLUSION

FOOTNOTES