Summary
The applicant, a pro se individual, faced security clearance concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to significant past due debts and two criminal convictions. The judge found that the applicant's financial issues were not mitigated by his claims of unemployment, leading to a denial of his security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: In September of 2008, the Applicant was arrested for and charged with Possession of a Controlled Substance. Although he avers that the controlled substance belonged to the passenger of the car he was driving, he pled guilty to the charge, was fined $200, placed on probation, ordered to complete drug awareness classes, and to attend Drug Anonymous meeting. He was also placed in a deferred judgement program, which he completed in July of 2010 (2.a). In September of 2009, the Applicant was arrested for and charged with Having an Improper License Plate on a car, and with Providing a False Registration. He pled guilty as charged and was fined (2.b). I find that these are one and the same debt to a bank for a credit card debt, with an outstanding judgement of about $6,512 (1.a). These debts are separate tax liens, in favor of the state where the Applicant lives, in the amounts of about $11,655 and $8,456, respectively (1.b). This debt is a tax lien, in favor of the federal government, in the amount of about $29,848 (1.c). These debts are separate tax liens, in favor of the state where the Applicant lives, in the amounts of about $11,655 and $8,456, respectively (1.d). The Applicant disputes this debt of about $332 for an unspecified item advertised on the radio; which he ordered, but he claims the creditor delivered more items than he had ordered (1.e). This debt is a credit card debt in the amount of about $8,598 (1.f). This debt is to a bank for a mortgage that is past due in the amount of about $133,000 (1.g). I find that these are one and the same debt to a bank for a credit card debt, with an outstanding judgement of about $6,512 (1.h).
The judge denied the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 17(c). The decision turned on the following: The applicant has significant past due debts that he has not addressed, indicating a lack of financial responsibility; The applicant's history of financial issues raises questions about his reliability and trustworthiness; The applicant's two arrests and convictions, although mitigated under Guideline E, did not outweigh the financial concerns.
Why the Applicant Was Denied
- The applicant has significant past due debts that he has not addressed, indicating a lack of financial responsibility.
- The applicant's history of financial issues raises questions about his reliability and trustworthiness.
- The applicant's two arrests and convictions, although mitigated under Guideline E, did not outweigh the financial concerns.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)rejectedThe Conditions That Led to the Financial Problems Were Beyond the Applicant's ControlThe applicant did not act responsibly under the circumstances.
- AG ¶ 17(c)appliedThe Offense Is so Minor, or so Much Time Has Passed That It Is Unlikely to Recur
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedSep 4, 2012
- Answer filedOct 1, 2012
- Hearing heldDec 18, 2012
- Decision dateJan 25, 2013
Cite For
- Denial Based on Significant Financial Issues Under Guideline F
- Consideration of Criminal Conduct Under Guideline E
- Application of the Whole-person Concept in Security Clearance Decisions