Summary
The applicant, a 57-year-old defense contractor employee, faced security concerns under Guideline E (personal conduct) and Guideline F (financial considerations) due to a long history of unpaid taxes and multiple bankruptcy filings. The judge found that the applicant failed to mitigate these concerns, 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: Applicant intentionally provided false information about his bankruptcies on his 2010 and 2011 SF 86s (2.a). SOR ¶ 1.a alleges that Applicant owes his state $15,065 for unpaid income taxes (1.a). SOR ¶¶ 1.b and 1.c allege judgments of $4,914 and $840 awarded to the state against Applicant for unpaid taxes (1.b). SOR ¶¶ 1.b and 1.c allege judgments of $4,914 and $840 awarded to the state against Applicant for unpaid taxes (1.c). You are indebted to the Internal Revenue Service for at least $22,000 for delinquent taxes (1.i).
The judge denied the clearance. The government raised disqualifying conditions F.19(a), F.19(c), E.16(a). The judge applied mitigating conditions F.20(c). The decision turned on the following: The applicant has a long history of not paying income taxes and has filed multiple bankruptcy petitions; He intentionally provided false information on his SF 86 forms regarding his financial history; The applicant's financial issues are ongoing and cast doubt on his reliability and trustworthiness.
Why the Applicant Was Denied
- The applicant has a long history of not paying income taxes and has filed multiple bankruptcy petitions.
- He intentionally provided false information on his SF 86 forms regarding his financial history.
- The applicant's financial issues are ongoing and cast doubt on his reliability and trustworthiness.
Conditions Referenced
- F.19(a)raisedInability or Unwillingness to Satisfy Debts
- F.19(c)raisedA History of Not Meeting Financial Obligations
- E.16(a)raisedDeliberate Omission, Concealment, or Falsification of Relevant Facts
- F.20(c)appliedThe Person Has Received or Is Receiving Counseling for the ProblemThe applicant received financial counseling as a requirement of his bankruptcy.
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedFeb 21, 2014
- Answer filedApr 22, 2014Response to amended SOR.
- Hearing heldMay 14, 2014
- Decision dateJun 17, 2014
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Deliberate Omission of Financial History Under Guideline E
- Impact of Ongoing Financial Issues on Security Clearance Eligibility