ISCR Case 09-01966.h1

Case Headnote

ISCR Case No. 09-01966.h1

deniedMar 31, 2011· Hon. John Grattan Metz, Jr.· hearing

Summary

A 57-year-old naturalized U.S. citizen and security officer, originally from Liberia, was denied a security clearance due to concerns under Guidelines B (Foreign Influence), C (Foreign Preference), E (Personal Conduct), and F (Financial Considerations). The applicant admitted to multiple delinquent debts exceeding $21,000, including an over $18,000 credit card debt used for church expenses. He made only occasional payments on some debts and lacked the funds to meet proposed repayment plans, with little prospect for increased earnings.

Additionally, the applicant failed to disclose significant past employment with the Liberian government on his April 2008 clearance application. He also misrepresented the status of his Liberian diplomatic passport, claiming he surrendered it to U.S. immigration officials upon becoming a U.S. citizen in October 2008. During a January 2009 interview, he stated he surrendered it to the State Department, but it was returned to him after being submitted as documentation for his U.S. passport, and he still possesses it, though expired.

The denial was based on the applicant's failure to mitigate financial concerns, his lack of candor regarding past employment and diplomatic passport status, and his ongoing involvement with a religious ministry in Liberia, which raised foreign influence risks.

Why the Applicant Was Denied

The applicant failed to mitigate financial concerns due to multiple delinquent debts totaling over $21,000.
The applicant's lack of candor in failing to disclose past employment with the Liberian government and misrepresenting his diplomatic passport status was deemed significant.
The applicant's ongoing involvement with a religious ministry in Liberia heightened the risk of foreign influence.

Conditions Referenced

Disqualifying

FraisedFinancial Considerations
BraisedForeign Influence
EraisedPersonal Conduct

Mitigating

FrejectedFinancial ConsiderationsThe applicant did not demonstrate responsible action in addressing his debts.
BappliedForeign InfluenceSome foreign contacts did not raise significant security concerns.
ErejectedPersonal ConductThe applicant's omissions were deemed deliberate and inconsistent with required candor.

Key Rule Quoted

“The Government has a compelling interest in ensuring each applicant possesses the required judgment, reliability, and trustworthiness of those who must protect national interests as their own.”
— Department of the Navy v. Egan, 484 U.S. 518 (1988)

Procedural Posture

SOR issuedMar 8, 2010
Answer filed—
Hearing heldAug 17, 2010
Decision dateMar 31, 2011

Cite For

Denial of Clearance Due to Financial Considerations Under Guideline F
Lack of Candor in Security Clearance Applications Under Guideline E
Foreign Influence Concerns Related to Ongoing Ties to a Foreign Country Under Guideline B

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
3.a–3.f	6 sub-charges — specific text not stated in this decision (3 against, 3 for the applicant).	Mixed	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

3.a–3.f

6 sub-charges — specific text not stated in this decision (3 against, 3 for the applicant).

Mixed

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
2.a	The applicant has a Liberian diplomatic passport that he failed to surrender upon becoming a U.S. citizen.	For Applicant	Failure to Renounce or Surrender Foreign Status	Denied	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

2.a

The applicant has a Liberian diplomatic passport that he failed to surrender upon becoming a U.S. citizen.

For Applicant

Failure to Renounce or Surrender Foreign Status

Denied

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
4.a	On Applicant’s April 2008 clearance application (GE 1), he failed to disclose his employments with the Liberian government.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Employment History	Denied	—	—	—
4.b	Applicant disclosed that he had held a foreign passport, but failed to disclose that it was a diplomatic passport and falsely claimed that he surrendered it to U.S. immigration officials when he became a U.S. citizen.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Foreign Contacts or Interests	Denied	—	—	—
4.c	During a January 2009 interview with a government investigator about his clearance, Applicant claimed he surrendered his Liberian passport to the State Department when he got his U.S. passport in October 2008. Instead, he submitted his passport as part of the documentation to get his U.S. passport. The Liberian passport was returned to him in due course, and Applicant still has it, although it has again expired.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

4.a

On Applicant’s April 2008 clearance application (GE 1), he failed to disclose his employments with the Liberian government.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Employment History

Denied

—

4.b

Applicant disclosed that he had held a foreign passport, but failed to disclose that it was a diplomatic passport and falsely claimed that he surrendered it to U.S. immigration officials when he became a U.S. citizen.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Foreign Contacts or Interests

Denied

—

4.c

During a January 2009 interview with a government investigator about his clearance, Applicant claimed he surrendered his Liberian passport to the State Department when he got his U.S. passport in October 2008. Instead, he submitted his passport as part of the documentation to get his U.S. passport. The Liberian passport was returned to him in due course, and Applicant still has it, although it has again expired.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	The SOR alleges, and government exhibits confirm, five delinquent debts totaling over $21,000. Applicant denies two debts totaling less than $200. He admits the rest. The single biggest debt (SOR 1.a) is for a credit card that Applicant has used to pay church expenses. That debt has now grown to over $18,000. $18,000	Against Applicant	Credit Card Debt	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.b	Applicant documented one $100 payment to the creditor at 1.b, but acknowledges (Tr. 49) that he only makes occasional payments. He claimed, without corroboration, to have agreed to make eight monthly payments of $400 to the creditor at 1.b, but he also lacks the funds to make that payment. $100	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	Applicant cites no particular causes for his indebtedness, other than a condition inherent in being a security officer, of not being scheduled for enough hours, even when working two jobs.	Against Applicant	Unspecified Financial	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.d	Applicant claims, without corroboration, to have reached repayment plans with some of his creditors.	Against Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e	Applicant has had financial problems for several years, and it seems he has little prospect for increased earnings that would allow him to meet his financial obligations.	Against Applicant	Unspecified Financial	Admitted	(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

The SOR alleges, and government exhibits confirm, five delinquent debts totaling over $21,000. Applicant denies two debts totaling less than $200. He admits the rest. The single biggest debt (SOR 1.a) is for a credit card that Applicant has used to pay church expenses. That debt has now grown to over $18,000.

$18,000

Against Applicant

Credit Card Debt

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.b

Applicant documented one $100 payment to the creditor at 1.b, but acknowledges (Tr. 49) that he only makes occasional payments. He claimed, without corroboration, to have agreed to make eight monthly payments of $400 to the creditor at 1.b, but he also lacks the funds to make that payment.

$100

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.c

Applicant cites no particular causes for his indebtedness, other than a condition inherent in being a security officer, of not being scheduled for enough hours, even when working two jobs.

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.d

Applicant claims, without corroboration, to have reached repayment plans with some of his creditors.

Against Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.e

Applicant has had financial problems for several years, and it seems he has little prospect for increased earnings that would allow him to meet his financial obligations.

Against Applicant

Unspecified Financial

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

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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

FORMAL FINDINGS

CONCLUSION

FOOTNOTES