ISCR Case 13-00698.h1

Case Headnote

ISCR Case No. 13-00698.h1

deniedMay 13, 2014· Hon. Edward W. Loughran· hearing

Summary

A 56-year-old U.S. citizen and linguist, originally from Pakistan, was denied a security clearance due to concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct). The Statement of Reasons cited several allegations, including contact with foreign family members and business associates, connections to a foreign country creating potential conflicts of interest, and substantial foreign financial interests. Specifically, the applicant had an undisclosed Pakistani bank account containing approximately $12,000 and an interest in a Pakistani business venture.

Under Guideline E, the applicant intentionally provided false information about these foreign financial interests on his November 2011 SF 86 and during subsequent interviews in December 2011 and October 2012. He admitted to lying about his Pakistani business connections and wire transfers. While the applicant later closed his foreign bank account, dissociated from the business, and expressed remorse, these actions were not sufficient to mitigate the concerns.

The denial was based on the applicant's intentional failure to disclose foreign financial interests and his provision of false information during the security clearance process. The judge found that the applicant's close family ties to Pakistan created a heightened risk of foreign influence and exploitation, and his history of dishonesty raised significant concerns about his reliability and trustworthiness.

Why the Applicant Was Denied

The applicant intentionally failed to disclose foreign financial interests and provided false information during the security clearance process.
The applicant's close family ties to Pakistan created a heightened risk of foreign influence and exploitation.
The applicant's history of dishonesty raised significant concerns about his reliability and trustworthiness.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family Members or Associates
AG ¶ 7(b)raisedConnections to Foreign Persons Creating Potential Conflict of Interest
AG ¶ 16(a)appliedDeliberate Omission or Falsification of Relevant Facts
AG ¶ 16(b)appliedDeliberately Providing False or Misleading Information

Mitigating

AG ¶ 8(c)rejectedCasual and Infrequent Contact with Foreign CitizensThe applicant's family ties to Pakistan were deemed significant enough to pose a risk.
AG ¶ 8(f)rejectedValue or Routine Nature of Foreign Interests Unlikely to Result in ConflictThe applicant's foreign financial interests were substantial and raised security concerns.

Key Rule Quoted

“The United States has a compelling interest in protecting and safeguarding classified information from any person, organization, or country that is not authorized to have access to it, regardless of whether that person, organization, or country has interests inimical to those of the United States.”

Procedural Posture

SOR issuedFeb 10, 2014
Answer filedMar 17, 2014
Hearing heldMay 1, 2014
Decision dateMay 13, 2014

Cite For

Foreign Influence Concerns Related to Family Ties Under Guideline B
Issues of Personal Conduct and Dishonesty Impacting Security Clearance Eligibility
The Importance of Credibility in Security Clearance Determinations

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
1.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.	Against Applicant	Sibling in Foreign Country Immediate Family	Pakistan HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation	—	—
1.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	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Unknown	—	—	—
1.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.	Against Applicant	Spouse Dual or Foreign Citizen Immediate Family	Pakistan HEIGHTENED RISK	Unknown	(d) counterintelligence information indicating unacceptable risk	—	—
1.d	A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence or exploitation.	For Applicant	Foreign Real Estate Financial or Property Interest	Pakistan HEIGHTENED RISK	Unknown	—	—	—
1.e	The nature of the relationships with foreign persons, the country in which these persons are located, or the positions or activities of those persons in that country are such that it is unlikely the individual will be placed in a position of having to choose between the interests of a foreign individual, group, organization, or government and the interests of the U.S.	For Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Unknown	—	—	—
1.f	The foreign contacts and activities are on U.S. Government business or are approved by the cognizant security authority.	Against Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Unknown	—	—	—
1.g	The individual has promptly complied with existing agency requirements regarding the reporting of contacts, requests, or threats from persons, groups, or organizations from a foreign country.	For Applicant	Unspecified Foreign Relationship Other	Pakistan HEIGHTENED RISK	Unknown	—	—	—
1.h	The value or routine nature of the foreign business, financial, or property interests is such that they are unlikely to result in a conflict and could not be used effectively to influence, manipulate, or pressure the individual.	Against Applicant	Foreign Real Estate Financial or Property Interest	Pakistan HEIGHTENED RISK	Unknown	—	—	—
1.i–1.n	6 sub-charges — specific text not stated in this decision (for the applicant). (low confidence)	For Applicant	Unspecified Foreign Relationship Other	—		—	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.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.

Against Applicant

Sibling in Foreign Country

Immediate Family

Pakistan

HEIGHTENED RISK

Unknown

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

—

1.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

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

Unknown

—

1.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.

Against Applicant

Spouse Dual or Foreign Citizen

Immediate Family

Pakistan

HEIGHTENED RISK

Unknown

(d) counterintelligence information indicating unacceptable risk

—

1.d

A substantial business, financial, or property interest in a foreign country, or in any foreign-owned or foreign-operated business, which could subject the individual to heightened risk of foreign influence or exploitation.

For Applicant

Foreign Real Estate

Financial or Property Interest

Pakistan

HEIGHTENED RISK

Unknown

—

1.e

The nature of the relationships with foreign persons, the country in which these persons are located, or the positions or activities of those persons in that country are such that it is unlikely the individual will be placed in a position of having to choose between the interests of a foreign individual, group, organization, or government and the interests of the U.S.

For Applicant

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

Unknown

—

1.f

The foreign contacts and activities are on U.S. Government business or are approved by the cognizant security authority.

Against Applicant

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

Unknown

—

1.g

The individual has promptly complied with existing agency requirements regarding the reporting of contacts, requests, or threats from persons, groups, or organizations from a foreign country.

For Applicant

Unspecified Foreign Relationship

Other

Pakistan

HEIGHTENED RISK

Unknown

—

1.h

The value or routine nature of the foreign business, financial, or property interests is such that they are unlikely to result in a conflict and could not be used effectively to influence, manipulate, or pressure the individual.

Against Applicant

Foreign Real Estate

Financial or Property Interest

Pakistan

HEIGHTENED RISK

Unknown

—

1.i–1.n

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

For Applicant

Unspecified Foreign Relationship

Other

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant intentionally provided false information about his foreign financial interests on his November 2011 SF 86, during his December 2011 background interview, and during his October 2012 interview.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Foreign Contacts or Interests	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.b	Applicant admitted the facts surrounding the wire transfers and his business venture with the Pakistani. He also admitted that he lied on his SF 86, during his December 2011 interview, and during his interview on October 4, 2012.	For Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Admitted	—	—	—
2.c	Applicant intentionally failed to divulge his interest in the Pakistani business and his Pakistani bank account, which contained about $12,000 at the time.	Against Applicant	Falsification Security FormFOUND DELIBERATE	Foreign Contacts or Interests	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.d	Applicant intentionally told the investigator false information about his relationship with his Pakistani business partner.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	—	Denied	—	—	—
2.e	Applicant closed his foreign bank account, and he dissociated himself from his foreign business interest. He is deeply remorseful for lying to the DOD about his Pakistani business connections.	For Applicant	Questionable Judgment General	—	Admitted	—	—	Claimed Acknowledgment and Remorse

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant intentionally provided false information about his foreign financial interests on his November 2011 SF 86, during his December 2011 background interview, and during his October 2012 interview.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Foreign Contacts or Interests

Denied

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

(b) deliberately providing false information to an investigator or official

—

2.b

Applicant admitted the facts surrounding the wire transfers and his business venture with the Pakistani. He also admitted that he lied on his SF 86, during his December 2011 interview, and during his interview on October 4, 2012.

For Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Admitted

—

2.c

Applicant intentionally failed to divulge his interest in the Pakistani business and his Pakistani bank account, which contained about $12,000 at the time.

Against Applicant

Falsification Security FormFOUND DELIBERATE

Foreign Contacts or Interests

Denied

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

(b) deliberately providing false information to an investigator or official

—

2.d

Applicant intentionally told the investigator false information about his relationship with his Pakistani business partner.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

—

Denied

—

2.e

Applicant closed his foreign bank account, and he dissociated himself from his foreign business interest. He is deeply remorseful for lying to the DOD about his Pakistani business connections.

For Applicant

Questionable Judgment General

—

Admitted

—

Claimed

Acknowledgment and Remorse

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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