ISCR Case 09-02512.h1

Case Headnote

ISCR Case No. 09-02512.h1

deniedOct 8, 2009· Hon. Carol G. Ricciardello· hearing

Summary

A 56-year-old systems analyst was denied a security clearance due to unresolved financial issues, despite mitigating concerns related to foreign influence and personal conduct. The applicant's wife, a Ghanaian citizen with U.S. permanent residency, maintains contact with her two sons, other family members, and friends in Ghana, including her mother, who is in her 70s. The applicant sends $50 monthly to his stepsons in Ghana, and his wife is likely to inherit property there. While the couple has no immediate plans to visit Ghana, future travel is anticipated.

The denial primarily stemmed from the applicant's significant financial difficulties, totaling approximately $14,400 in delinquent debts, some dating back to 2005. These included a $5,084 medical debt attributed to his adult daughter, a $1,339 debt for which he initially denied responsibility but later agreed to settle, and a $1,477 credit card debt for which he claimed to have a payment schedule but provided no proof.

Other debts included a $1,040 credit card balance from business purchases in Iraq, a $1,337 lease debt he co-signed for his niece, and a $1,059 collection account. He also disputed a $39 charge for an unauthorized service call and a $718 telephone service debt he believed was fraudulent. Additionally, several medical debts remained unpaid, with the applicant stating he believed hospitals must provide services regardless of employment or insurance status. The applicant failed to provide proof of payment or resolution for any debts, and his testimony regarding these obligations was deemed inconsistent and not credible.

Why the Applicant Was Denied

The applicant has approximately $14,400 in delinquent debts, some dating back to 2005.
He did not provide proof of payment or resolution for any of the debts.
His testimony regarding financial obligations was inconsistent and not credible.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations

Mitigating

AG ¶ 20(a)rejectedBehavior Happened so Long Ago, Was Infrequent, or Occurred Under Circumstances Unlikely to RecurThe applicant's financial issues are ongoing and significant.
AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant's financial difficulties were not shown to be beyond his control.

Key Rule Quoted

“Any doubt concerning personnel being considered for access to classified information will be resolved in favor of national security.”

Procedural Posture

SOR issuedApr 23, 2009
Answer filedJun 23, 2009
Hearing heldSep 8, 2009
Decision dateOct 8, 2009

Cite For

Failure to Mitigate Financial Considerations Under Guideline F
Inconsistencies in Applicant's Testimony Regarding Financial Obligations
Impact of Financial Difficulties on Security Clearance Eligibility

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	Applicant's wife is a citizen of Ghana and recently received her permanent residency status in the U.S. Her sons live in Ghana.	For Applicant	Spouse Dual or Foreign Citizen Immediate Family	Ghana	Admitted	—	—	—
3.b	Applicant sends his stepsons $50 a month, but does not provide financial support to any other family members. His wife also contacts her friends in Ghana about once a month.	For Applicant	Financial Support to Foreign Relative Immediate Family	Ghana	Admitted	—	—	—
3.c	His wife maintains contact with her two sons, other family members, and friends in Ghana. Her mother is in her 70s and is a citizen and resident of Ghana.	For Applicant	Extended Family in Foreign Country Extended Family	Ghana	Admitted	—	—	—
3.d	His wife is likely to inherit property from her mother. She has no assets in Ghana.	For Applicant	Unspecified Foreign Relationship Other	Ghana	Admitted	—	—	—
3.e	Applicant and his wife have no present plans to visit Ghana, but it is likely they will in the future.	For Applicant	Unspecified Foreign Relationship Other	Ghana	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

3.a

Applicant's wife is a citizen of Ghana and recently received her permanent residency status in the U.S. Her sons live in Ghana.

For Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Ghana

Admitted

—

3.b

Applicant sends his stepsons $50 a month, but does not provide financial support to any other family members. His wife also contacts her friends in Ghana about once a month.

For Applicant

Financial Support to Foreign Relative

Immediate Family

Ghana

Admitted

—

3.c

His wife maintains contact with her two sons, other family members, and friends in Ghana. Her mother is in her 70s and is a citizen and resident of Ghana.

For Applicant

Extended Family in Foreign Country

Extended Family

Ghana

Admitted

—

3.d

His wife is likely to inherit property from her mother. She has no assets in Ghana.

For Applicant

Unspecified Foreign Relationship

Other

Ghana

Admitted

—

3.e

Applicant and his wife have no present plans to visit Ghana, but it is likely they will in the future.

For Applicant

Unspecified Foreign Relationship

Other

Ghana

Admitted

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
1.a	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

1.a

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	The debt in SOR 1.a ($5,084) is a medical debt that Applicant stated belongs to his adult daughter. $5,084	Against Applicant	Medical Debt	Admitted	—	—	—
2.b	The debt in SOR 1.b ($1,339) is a debt that Applicant denied in his answer to the SOR. However, in his answer to interrogatories dated September 22, 2008, he stated that he had made arrangements with the creditor to settle the debt for $500 after he started working and would pay $25 until then. No payments have been made toward this debt. $1,339	Against Applicant	Unspecified Financial	Denied	—	—	—
2.c	The debt in SOR 1.c ($1,477) is a credit card debt. In his answer to interrogatories Applicant stated he set up a payment schedule. In his affidavit he stated he was making $50 monthly payments. No documents were provided to substantiate his statements and he stated he is not presently making payments. $1,477	Against Applicant	Credit Card Debt	Unknown	—	—	—
2.d	The debt in SOR 1.d ($1,040) is for Company Q’s credit card that Applicant used when he was in Iraq. He disputes that he owes the balance on this card because he used it to make business purchases and believes it is the company’s responsibility. $1,040	Against Applicant	Credit Card Debt	Denied	—	—	—
2.e	The debt in SOR 1.e ($1,337) is for a debt on a lease that Applicant cosigned for his niece in 2002. She was supposed to pay the rent. He stated in his affidavit that he was unaware of this debt and had not been contacted by the creditor. $1,337	Against Applicant	Unspecified Financial	Unknown	—	—	—
2.f	The debt in SOR 1.f ($1,059) is a collection account that has been sold several times. He has not yet determined what company holds the debt at this point. He has not made any inquiries since early 2009. The debt is unpaid. $1,059	Against Applicant	Unspecified Financial	Unknown	—	—	—
2.g	The debt in SOR 1.g ($39) Applicant explained in his affidavit that he had no idea what it was for, but in 2003, his mother’s washing machine had problems and he called the warranty company. He told them not to come to the house, but they did anyway and he sent them away. They billed him for their travel and he disputed the matter with the company. $39	Against Applicant	Unspecified Financial	Unknown	—	—	—
2.h	The debt in SOR 1.h ($718) is for telephone services. Applicant stated in his affidavit that the debt was opened in his name fraudulently and he had contacted the creditor to dispute it. He never heard from the creditor and assumed it was resolved. $718	Against Applicant	Unspecified Financial	Unknown	—	—	—
2.i	The debts in SOR 1.j through 1.o are medical debts. No payments have been made on the debts. Applicant stated that he was under the impression that a hospital must provide services even if someone is unemployed and has no insurance.	Against Applicant	Medical Debt	Unknown	—	—	—
2.j–2.o	6 sub-charges — specific text not stated in this decision (against the applicant).	Against Applicant			—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

The debt in SOR 1.a ($5,084) is a medical debt that Applicant stated belongs to his adult daughter.

$5,084

Against Applicant

Medical Debt

Admitted

—

2.b

The debt in SOR 1.b ($1,339) is a debt that Applicant denied in his answer to the SOR. However, in his answer to interrogatories dated September 22, 2008, he stated that he had made arrangements with the creditor to settle the debt for $500 after he started working and would pay $25 until then. No payments have been made toward this debt.

$1,339

Against Applicant

Unspecified Financial

Denied

—

2.c

The debt in SOR 1.c ($1,477) is a credit card debt. In his answer to interrogatories Applicant stated he set up a payment schedule. In his affidavit he stated he was making $50 monthly payments. No documents were provided to substantiate his statements and he stated he is not presently making payments.

$1,477

Against Applicant

Credit Card Debt

Unknown

—

2.d

The debt in SOR 1.d ($1,040) is for Company Q’s credit card that Applicant used when he was in Iraq. He disputes that he owes the balance on this card because he used it to make business purchases and believes it is the company’s responsibility.

$1,040

Against Applicant

Credit Card Debt

Denied

—

2.e

The debt in SOR 1.e ($1,337) is for a debt on a lease that Applicant cosigned for his niece in 2002. She was supposed to pay the rent. He stated in his affidavit that he was unaware of this debt and had not been contacted by the creditor.

$1,337

Against Applicant

Unspecified Financial

Unknown

—

2.f

The debt in SOR 1.f ($1,059) is a collection account that has been sold several times. He has not yet determined what company holds the debt at this point. He has not made any inquiries since early 2009. The debt is unpaid.

$1,059

Against Applicant

Unspecified Financial

Unknown

—

2.g

The debt in SOR 1.g ($39) Applicant explained in his affidavit that he had no idea what it was for, but in 2003, his mother’s washing machine had problems and he called the warranty company. He told them not to come to the house, but they did anyway and he sent them away. They billed him for their travel and he disputed the matter with the company.

$39

Against Applicant

Unspecified Financial

Unknown

—

2.h

The debt in SOR 1.h ($718) is for telephone services. Applicant stated in his affidavit that the debt was opened in his name fraudulently and he had contacted the creditor to dispute it. He never heard from the creditor and assumed it was resolved.

$718

Against Applicant

Unspecified Financial

Unknown

—

2.i

The debts in SOR 1.j through 1.o are medical debts. No payments have been made on the debts. Applicant stated that he was under the impression that a hospital must provide services even if someone is unemployed and has no insurance.

Against Applicant

Medical Debt

Unknown

—

2.j–2.o

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

Against Applicant

—

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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

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES