Summary
The applicant, a 35-year-old administrative assistant with a high school diploma and vocational training, faced trustworthiness concerns under Guideline F due to multiple unresolved delinquent debts totaling approximately $17,000. Despite acknowledging her financial difficulties stemming from personal circumstances, the applicant failed to provide evidence of efforts to resolve her debts or establish a payment plan, leading to the denial of her eligibility for access to sensitive information.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The debt alleged in ¶ 1.a is a judgment in the amount of $6,181. This judgment is for a delinquent credit card debt. The judgment was filed in September 2010. This debt is unresolved (1.a). The debt alleged in ¶ 1.b is a judgment in the amount of $2,568. This judgment is for an unpaid credit union loan. Applicant claims she was making payments for a time, but had to stop. She offered no proof of payments. The judgment was filed in September 2008. This debt is unresolved (1.b). The debts alleged in SOR ¶¶ 1.c, 1.e, and 1.f are collection accounts for three telecommunication debts in the respective amounts of $357, $317, and $144. The dates of last activity respectively are May 2008, April 2010, and December 2008. These debts are unresolved (1.c). The debt alleged at SOR ¶ 1.d is a collection account for a medical debt in the amount of $226. The date of last activity for this debt is December 2011. This debt is unresolved (1.d). The debts alleged in SOR ¶¶ 1.c, 1.e, and 1.f are collection accounts for three telecommunication debts in the respective amounts of $357, $317, and $144. The dates of last activity respectively are May 2008, April 2010, and December 2008. These debts are unresolved (1.e). The debts alleged in SOR ¶¶ 1.c, 1.e, and 1.f are collection accounts for three telecommunication debts in the respective amounts of $357, $317, and $144. The dates of last activity respectively are May 2008, April 2010, and December 2008. These debts are unresolved (1.f). The debt alleged at SOR ¶ 1.g is a collection account in the amount of $126. The date of last activity for this account was July 2010. This debt is unresolved (1.g). The debt alleged at SOR ¶ 1.h is a charged-off credit card account in the amount of $999. The date of last activity for this account was May 2007. This debt is unresolved (1.h). The debt alleged at SOR ¶ 1.i is a collection account in the amount of $960. The date of last activity for this account was May 2010. This debt is unresolved (1.i). The debt alleged at SOR ¶ 1.j is a charged-off credit card account in the amount of $2,217. The date of last activity for this account was June 2007. This debt is unresolved (1.j). The debt alleged at SOR ¶ 1.k is a collection account in the amount of $139. The date of last activity for this account was October 2011. This debt is unresolved (1.k). The debt alleged at SOR ¶ 1.l is a collection account for utilities in the amount of $2,506. The date this account was assigned to collection was July 2011. Applicant claims she made regular payments on this debt, but provided no documentation of any payments. This debt is unresolved (1.l). The debt alleged at SOR ¶ 1.m is a delinquent bank debt in the amount of $327. This account was assigned to a collection attorney. This debt is unresolved (1.m). The debts alleged at SOR ¶¶ 1.n and 1.o were the delinquent insurance debts discussed above in the amounts of $198 and $105 respectively. These accounts were turned over to collection attorneys in December 2007 and April 2009. These debts are unresolved (1.n). The debts alleged at SOR ¶¶ 1.n and 1.o were the delinquent insurance debts discussed above in the amounts of $198 and $105 respectively. These accounts were turned over to collection attorneys in December 2007 and April 2009. These debts are unresolved (1.o).
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 ¶ 20(c). The decision turned on the following: The applicant has numerous unresolved delinquent debts totaling about $17,000; She failed to provide documentation of any payment plans or payments for the debts; The applicant did not demonstrate responsible efforts to resolve her financial issues.
Why the Applicant Was Denied
- The applicant has numerous unresolved delinquent debts totaling about $17,000.
- She failed to provide documentation of any payment plans or payments for the debts.
- The applicant did not demonstrate responsible efforts to resolve her financial 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)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlThe applicant's separation and unemployment were considered beyond her control.
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the ProblemSome evidence of financial counseling was noted, but no payment plans were established.
Key Rule Quoted
“A person who seeks access to sensitive information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedNov 7, 2013
- Answer filedDec 6, 2013Applicant elected to have her case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateMar 27, 2014
Cite For
- Failure to Provide Evidence of Debt Resolution Efforts Under Guideline F
- Impact of Unresolved Debts on Trustworthiness Determinations
- Consideration of Personal Circumstances in Financial Issues Under Guideline F