ISCR Case 12-11648.h1

Case Headnote

ISCR Case No. 12-11648.h1

deniedFeb 11, 2014· Hon. Mary E. Henry· hearing

Summary

The applicant, a 43-year-old Afghan-American trainer for DOD contractors, faced security clearance denial under Guidelines B (foreign influence), E (personal conduct), and F (financial considerations) due to unresolved debts and a history of falsifying information on his security clearance application. The judge found that the applicant's financial issues, including unpaid taxes and delinquencies, raised significant security concerns, and his failure to disclose a DUI arrest and civil judgments further undermined his credibility.

Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant, his parents, his two sisters, ages 41 and 37, and his former wife were born in Afghanistan. His 29-year-old brother was born in Pakistan (3.a). Following the ouster of the Taliban, Applicant’s father returned to Afghanistan to help rebuild the country after nearly 20 years of war. He worked in two important government positions during the nearly four years he lived in Afghanistan (3.b). Are there currently any charges pending against you for any criminal offense? He answered “no” and did not disclose his 2007 pending driving under the influence (DUI) charges (2.a). Have you ever been charged with or convicted of any offenses related to alcohol or drugs? He answered “yes”, but did not disclose his 2007 DUI arrest (2.b). In the last 7 years, have you been a party to any public record civil court actions not listed elsewhere on this form? Applicant answered “no” without listing the judgments identified in SOR allegations 1.r and 1.s (2.c). In the last 7 years, have you had any judgments entered against you that have not been paid? Applicant answered “no”, failing to disclose the two judgments listed in SOR allegations 1.r and 1.s (2.d). $3,224 medical bill (1.a). $1,000 medical bill (1.b). $1,000 medical bill (1.c). $1,000 medical bill (1.d). $1,000 medical bill (1.e). $1,000 medical bill (1.f). $1,000 medical bill (1.g). $171 debt (1.m). $1,854 debt (1.n). $422 debt (1.o). $599 debt (1.p). $399 debt (1.q). $7,610 judgment (1.r).

The judge denied the clearance. The government raised disqualifying conditions AG ¶ 6(a), AG ¶ 20, AG ¶ 15. The decision turned on the following: The applicant had unresolved financial issues, including significant unpaid taxes and delinquencies totaling approximately $78,557; The applicant intentionally falsified information on his e-QIP regarding pending criminal charges and civil judgments; The applicant's foreign connections and family ties in Afghanistan raised security concerns under Guideline B.

Why the Applicant Was Denied

The applicant had unresolved financial issues, including significant unpaid taxes and delinquencies totaling approximately $78,557.
The applicant intentionally falsified information on his e-QIP regarding pending criminal charges and civil judgments.
The applicant's foreign connections and family ties in Afghanistan raised security concerns under Guideline B.

Conditions Referenced

Disqualifying

AG ¶ 6(a)raisedForeign Influence
AG ¶ 20raisedFinancial Considerations
AG ¶ 15raisedPersonal Conduct

Key Rule Quoted

“The guidelines presume a nexus or rational connection between proven conduct under any of the criteria listed therein and an applicant’s security suitability.”
— ISCR Case No. 08-06605 at 3 (App. Bd. Feb. 4, 2010)

Procedural Posture

SOR issuedApr 3, 2013
Answer filedMay 7, 2013
Hearing heldNov 21, 2013Originally scheduled for October 10, 2013, but canceled due to Government shutdown.
Decision dateFeb 11, 2014

Cite For

Denial of Security Clearance Due to Unresolved Financial Issues Under Guideline F
Impact of Falsifying Information on Security Clearance Eligibility Under Guideline E
Foreign Influence Concerns Related to Family Ties Under Guideline B

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
3.a	Applicant, his parents, his two sisters, ages 41 and 37, and his former wife were born in Afghanistan. His 29-year-old brother was born in Pakistan.	For Applicant	Parent in Foreign Country Immediate Family	Afghanistan, Pakistan	Admitted	—	—	—
3.b	Following the ouster of the Taliban, Applicant’s father returned to Afghanistan to help rebuild the country after nearly 20 years of war. He worked in two important government positions during the nearly four years he lived in Afghanistan.	For Applicant	Parent in Foreign Country Immediate Family GOVT-AFFILIATED	Afghanistan	Admitted	—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

3.a

Applicant, his parents, his two sisters, ages 41 and 37, and his former wife were born in Afghanistan. His 29-year-old brother was born in Pakistan.

For Applicant

Parent in Foreign Country

Immediate Family

Afghanistan, Pakistan

Admitted

—

3.b

Following the ouster of the Taliban, Applicant’s father returned to Afghanistan to help rebuild the country after nearly 20 years of war. He worked in two important government positions during the nearly four years he lived in Afghanistan.

For Applicant

Parent in Foreign Country

Immediate Family

GOVT-AFFILIATED

Afghanistan

Admitted

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Are there currently any charges pending against you for any criminal offense? He answered “no” and did not disclose his 2007 pending driving under the influence (DUI) charges.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	(b) omission/refusal followed advice of counsel; later cooperated fully	—
2.b	Have you ever been charged with or convicted of any offenses related to alcohol or drugs? He answered “yes”, but did not disclose his 2007 DUI arrest.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form	(b) omission/refusal followed advice of counsel; later cooperated fully	—
2.c	In the last 7 years, have you been a party to any public record civil court actions not listed elsewhere on this form? Applicant answered “no” without listing the judgments identified in SOR allegations 1.r and 1.s.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	(b) omission/refusal followed advice of counsel; later cooperated fully	—
2.d	In the last 7 years, have you had any judgments entered against you that have not been paid? Applicant answered “no”, failing to disclose the two judgments listed in SOR allegations 1.r and 1.s.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form	(b) omission/refusal followed advice of counsel; later cooperated fully	—
2.e–2.f	2 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant		—		—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Are there currently any charges pending against you for any criminal offense? He answered “no” and did not disclose his 2007 pending driving under the influence (DUI) charges.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) omission/refusal followed advice of counsel; later cooperated fully

—

2.b

Have you ever been charged with or convicted of any offenses related to alcohol or drugs? He answered “yes”, but did not disclose his 2007 DUI arrest.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) omission/refusal followed advice of counsel; later cooperated fully

—

2.c

In the last 7 years, have you been a party to any public record civil court actions not listed elsewhere on this form? Applicant answered “no” without listing the judgments identified in SOR allegations 1.r and 1.s.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) omission/refusal followed advice of counsel; later cooperated fully

—

2.d

In the last 7 years, have you had any judgments entered against you that have not been paid? Applicant answered “no”, failing to disclose the two judgments listed in SOR allegations 1.r and 1.s.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

(a) deliberate omission, concealment, or falsification on a security form

(b) omission/refusal followed advice of counsel; later cooperated fully

—

2.e–2.f

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

For Applicant

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	$3,224 medical bill $3,224	Against Applicant	Medical Debt	Admitted	—	—	—
1.b	$1,000 medical bill $1,000	Against Applicant	Medical Debt	Admitted	—	—	—
1.c	$1,000 medical bill $1,000	Against Applicant	Medical Debt	Admitted	—	—	—
1.d	$1,000 medical bill $1,000	Against Applicant	Medical Debt	Admitted	—	—	—
1.e	$1,000 medical bill $1,000	Against Applicant	Medical Debt	Admitted	—	—	—
1.f	$1,000 medical bill $1,000	Against Applicant	Medical Debt	Admitted	—	—	—
1.g	$1,000 medical bill $1,000	Against Applicant	Medical Debt	Admitted	—	—	—
1.h–1.l	5 sub-charges — specific text not stated in this decision (2 against, 3 for the applicant). (low confidence)	Mixed			—	—	—
1.m	$171 debt $171	Against Applicant	Unspecified Financial	Unknown	—	—	—
1.n	$1,854 debt $1,854	Against Applicant	Unspecified Financial	Unknown	—	—	—
1.o	$422 debt (low confidence) $422	For Applicant	Unspecified Financial	Unknown	—	—	—
1.p	$599 debt $599	Against Applicant	Unspecified Financial	Unknown	—	—	—
1.q	$399 debt (low confidence) $399	For Applicant	Unspecified Financial	Unknown	—	—	—
1.r	$7,610 judgment $7,610	Against Applicant	Judgment Against Applicant	Denied	—	—	—
1.s	specific text not stated in this decision	For Applicant	Unspecified Financial	Unknown	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

$3,224 medical bill

$3,224

Against Applicant

Medical Debt

Admitted

—

1.b

$1,000 medical bill

$1,000

Against Applicant

Medical Debt

Admitted

—

1.c

$1,000 medical bill

$1,000

Against Applicant

Medical Debt

Admitted

—

1.d

$1,000 medical bill

$1,000

Against Applicant

Medical Debt

Admitted

—

1.e

$1,000 medical bill

$1,000

Against Applicant

Medical Debt

Admitted

—

1.f

$1,000 medical bill

$1,000

Against Applicant

Medical Debt

Admitted

—

1.g

$1,000 medical bill

$1,000

Against Applicant

Medical Debt

Admitted

—

1.h–1.l

5 sub-charges — specific text not stated in this decision (2 against, 3 for the applicant). (low confidence)

Mixed

—

1.m

$171 debt

$171

Against Applicant

Unspecified Financial

Unknown

—

1.n

$1,854 debt

$1,854

Against Applicant

Unspecified Financial

Unknown

—

1.o

$422 debt (low confidence)

$422

For Applicant

Unspecified Financial

Unknown

—

1.p

$599 debt

$599

Against Applicant

Unspecified Financial

Unknown

—

1.q

$399 debt (low confidence)

$399

For Applicant

Unspecified Financial

Unknown

—

1.r

$7,610 judgment

$7,610

Against Applicant

Judgment Against Applicant

Denied

—

1.s

specific text not stated in this decision

For Applicant

Unspecified Financial

Unknown

—

Loading case…

Case Profile

Summary

Why the Applicant Was Denied

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

FOOTNOTES