ISCR Case 12-09417.h1

Case Headnote

ISCR Case No. 12-09417.h1

grantedFeb 12, 2013· Hon. Carol G. Ricciardello· hearing

Summary

A 34-year-old linguist, born in Egypt, was granted a security clearance despite initial concerns under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). The Statement of Reasons cited potential foreign influence due to contact with foreign family members and connections to a foreign country, as well as sharing living quarters in a way that could create risk. Financial concerns stemmed from a second mortgage of $53,576 and a first mortgage of $189,400.

The applicant successfully mitigated these concerns. Regarding foreign influence, his parents are U.S. permanent residents with no contact with the Egyptian government, and the applicant demonstrated strong ties to the U.S. through family and employment. This reduced the risk of foreign exploitation or divided loyalties.

Financially, the applicant resolved the first mortgage debt. For the second mortgage, he negotiated a settlement of $8,037, making an initial payment of $4,000 on December 21, 2012, with subsequent payments scheduled for January 30, 2013, and February 27, 2012. The judge found that the applicant had resolved his financial issues and maintained current payments, leading to the decision to grant the security clearance.

Why the Applicant Prevailed

The applicant's parents are permanent residents of the U.S. and have no contact with the Egyptian government, reducing the risk of foreign influence.
The applicant has resolved his financial issues, including settling debts and maintaining current payments on his mortgage.
The applicant demonstrated strong ties to the U.S. through his family and employment, mitigating concerns about divided loyalties.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations

Mitigating

AG ¶ 8(a)appliedNature of Relationship with Foreign Persons Unlikely to Create Conflict
AG ¶ 20(d)appliedGood-faith Effort to Repay Overdue Creditors

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 issuedAug 24, 2012
Answer filedSep 4, 2012
Hearing heldJan 24, 2013postponed from January 23, 2013 due to travel delay
Decision dateFeb 12, 2013

Cite For

Mitigation of Foreign Influence Concerns Due to Strong Familial Ties in the U.S.
Resolution of Financial Issues Leading to Favorable Security Clearance Decisions.
Application of the Whole-person Concept in Security Clearance Evaluations.

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
2.a	Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.	For Applicant	Parent in Foreign Country Immediate Family	Egypt HEIGHTENED RISK	Admitted	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.b	Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.	For Applicant	Sibling in Foreign Country Immediate Family	Egypt HEIGHTENED RISK	Admitted	(b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.c	Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.	For Applicant	In Law in Foreign Country Immediate Family	Egypt HEIGHTENED RISK	Admitted	(d) counterintelligence information indicating unacceptable risk	(a) relationships such that a conflict between foreign and U.S. interests is unlikely	—
2.d–2.e	2 sub-charges — specific text not stated in this decision (for the applicant).	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

2.a

Contact with a foreign family member, business or professional associate, friend, or other person who is a citizen of or resident in a foreign country if that contact creates a heightened risk of foreign exploitation, inducement, manipulation, pressure, or coercion.

For Applicant

Parent in Foreign Country

Immediate Family

Egypt

HEIGHTENED RISK

Admitted

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.b

Connections to a foreign person, group, government, or country that create a potential conflict of interest between the individual’s obligation to protect sensitive information or technology and the individual’s desire to help a foreign person, group, or country by providing that information.

For Applicant

Sibling in Foreign Country

Immediate Family

Egypt

HEIGHTENED RISK

Admitted

(b) connections creating a potential conflict of interest

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.c

Sharing living quarters with a person or persons, regardless of citizenship status, if that relationship creates a heightened risk of foreign inducement, manipulation, pressure, or coercion.

For Applicant

In Law in Foreign Country

Immediate Family

Egypt

HEIGHTENED RISK

Admitted

(d) counterintelligence information indicating unacceptable risk

(a) relationships such that a conflict between foreign and U.S. interests is unlikely

—

2.d–2.e

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

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	The second mortgage was for $53,576. Applicant attempted to negotiate a settlement on this debt, but the creditor wanted more than he could afford at the time. Recently, the creditor agreed to settle the debt. Applicant is to pay $8,037 in three increments. He made the initial $4,000 payment on December 21, 2012. He is required to make payments on January 30, 2013, and February 27, 2012, of $2,037 and $2,000 respectively. $8,037	For Applicant	Unspecified Financial	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Debt Paid in Full
1.b	The first mortgage on the property was $189,400. The debt in SOR ¶ 1.b is resolved. $189,400	For Applicant	Mortgage or Home Loan Debt	Admitted	—	(a) behavior happened long ago / infrequent / unlikely to recur	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

The second mortgage was for $53,576. Applicant attempted to negotiate a settlement on this debt, but the creditor wanted more than he could afford at the time. Recently, the creditor agreed to settle the debt. Applicant is to pay $8,037 in three increments. He made the initial $4,000 payment on December 21, 2012. He is required to make payments on January 30, 2013, and February 27, 2012, of $2,037 and $2,000 respectively.

$8,037

For Applicant

Unspecified Financial

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

Documented

Debt Paid in Full

1.b

The first mortgage on the property was $189,400. The debt in SOR ¶ 1.b is resolved.

$189,400

For Applicant

Mortgage or Home Loan Debt

Admitted

—

(a) behavior happened long ago / infrequent / unlikely to recur

Documented

Debt Paid in Full

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Case Profile

Summary

Why the Applicant Prevailed

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