Summary
The applicant, a 48-year-old canine handler with two master's degrees, faced security concerns under Guideline F due to financial difficulties stemming from investment properties. Despite admitting to delinquent debts totaling approximately $30,000, the applicant demonstrated a history of responsible financial behavior and made diligent efforts to resolve his financial issues. The judge granted the security clearance, finding that the applicant's financial difficulties were largely beyond his control and that he acted responsibly under the circumstances.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: property-related collection account for approximately $2,714 (1.a). property-related account for approximately $1,793 (1.b). $13,189 past due on a mortgage balance of approximately $126,000 (1.c). $17,042 past due on a mortgage balance of approximately $157,000 (1.d).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(d). The decision turned on the following: The applicant maintained a strong credit history prior to the financial difficulties; He demonstrated diligence in attempting to resolve his financial issues, including seeking legal and real estate advice; The adverse financial circumstances were largely beyond the applicant's control, including a market collapse and personal medical issues.
Why the Applicant Prevailed
- The applicant maintained a strong credit history prior to the financial difficulties.
- He demonstrated diligence in attempting to resolve his financial issues, including seeking legal and real estate advice.
- The adverse financial circumstances were largely beyond the applicant's control, including a market collapse and personal medical issues.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person’s Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“"The protection of the national security is the paramount consideration."”
Procedural Posture
- SOR issuedJun 25, 2010
- Answer filedJul 23, 2010
- Hearing heldDec 13, 2010
- Decision dateDec 22, 2010
Cite For
- Mitigation of Financial Considerations Under Guideline F
- Impact of Adverse Circumstances on Financial Obligations
- Good-faith Efforts to Resolve Debts in Security Clearance Cases