ISCR Case 13-01247.h1

Case Headnote

ISCR Case No. 13-01247.h1

deniedJun 5, 2014· Hon. Jennifer I. Goldstein· hearing

Summary

A 37-year-old defense contractor was denied a security clearance due to concerns under Guideline B (Foreign Influence), Guideline E (Personal Conduct), and Guideline F (Financial Considerations). The applicant maintained strong connections with foreign relatives, including a father who is a dual citizen of Nigeria and the United States, a mother and brother who are Nigerian citizens residing in Nigeria, and a cousin who is a Nigerian citizen residing in the United Kingdom.

The denial was primarily driven by the applicant's lack of candor and financial irresponsibility. She failed to disclose her Nigerian passport on her 2002 security clearance application and denied possessing dual citizenship on her 2013 application, despite being a dual citizen of Nigeria and the United States. Furthermore, she used her Nigerian passport for travel to Nigeria after receiving a security clearance in 2003, which she also failed to disclose. Her explanations regarding these issues were deemed not credible.

Additionally, the applicant had significant unresolved delinquent mortgage debts totaling $295,717, indicating poor financial judgment. While some foreign influence concerns were mitigated, the falsification of information on security clearance applications, contradictory statements, and substantial financial obligations ultimately led to the denial of her security clearance.

Why the Applicant Was Denied

The applicant falsified information on her 2002 and 2013 security clearance applications regarding her dual citizenship and foreign travel.
The applicant has unresolved delinquent mortgage debts totaling $295,717, indicating poor financial judgment.
The applicant's explanations regarding her use of a Nigerian passport were deemed not credible.

Conditions Referenced

Disqualifying

AG ¶ 7(a)raisedContact with Foreign Family MembersThe applicant has foreign relatives in Nigeria, creating a heightened risk of foreign exploitation.
AG ¶ 7(b)raisedConnections to Foreign PersonsThe applicant's dual citizenship and foreign family connections create potential conflicts of interest.

Mitigating

AG ¶ 8(a)appliedForeign Influence MitigatedThe applicant mitigated some concerns related to her foreign relatives residing in the U.S.

Key Rule Quoted

“The protection of the national security is the paramount consideration.”

Procedural Posture

SOR issuedDec 30, 2013
Answer filedFeb 13, 2014
Hearing heldMay 8, 2014
Decision dateJun 5, 2014

Cite For

Falsification of Security Clearance Applications Under Guideline E
Financial Irresponsibility Under Guideline F
Foreign Influence Concerns 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
1.a	Applicant’s brother and father-in-law are residents of Nigeria. Her father is a dual citizen of Nigeria and the United States. Her mother is a citizen of Nigeria. Her parents reside in the United States. Her cousin is a citizen of Nigeria residing in the United Kingdom. Applicant maintains contact and strong connections with all of her foreign relatives.	For Applicant	Parent in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.b	Applicant’s brother and father-in-law are residents of Nigeria. Her father is a dual citizen of Nigeria and the United States. Her mother is a citizen of Nigeria. Her parents reside in the United States. Her cousin is a citizen of Nigeria residing in the United Kingdom. Applicant maintains contact and strong connections with all of her foreign relatives.	For Applicant	Sibling in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.c	Applicant’s brother and father-in-law are residents of Nigeria. Her father is a dual citizen of Nigeria and the United States. Her mother is a citizen of Nigeria. Her parents reside in the United States. Her cousin is a citizen of Nigeria residing in the United Kingdom. Applicant maintains contact and strong connections with all of her foreign relatives.	For Applicant	In Law in Foreign Country Immediate Family	Nigeria HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.d	Applicant’s brother and father-in-law are residents of Nigeria. Her father is a dual citizen of Nigeria and the United States. Her mother is a citizen of Nigeria. Her parents reside in the United States. Her cousin is a citizen of Nigeria residing in the United Kingdom. Applicant maintains contact and strong connections with all of her foreign relatives.	For Applicant	Extended Family in Foreign Country Extended Family	Nigeria HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—
1.e	Applicant’s brother and father-in-law are residents of Nigeria. Her father is a dual citizen of Nigeria and the United States. Her mother is a citizen of Nigeria. Her parents reside in the United States. Her cousin is a citizen of Nigeria residing in the United Kingdom. Applicant maintains contact and strong connections with all of her foreign relatives.	For Applicant	Friend in Foreign Country Friend	Nigeria HEIGHTENED RISK	Unknown	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest	(a) relationships such that a conflict between foreign and U.S. interests is unlikely (b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant’s brother and father-in-law are residents of Nigeria. Her father is a dual citizen of Nigeria and the United States. Her mother is a citizen of Nigeria. Her parents reside in the United States. Her cousin is a citizen of Nigeria residing in the United Kingdom. Applicant maintains contact and strong connections with all of her foreign relatives.

For Applicant

Parent in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Unknown

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

(b) connections creating a potential conflict of interest

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.b

For Applicant

Sibling in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Unknown

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

(b) connections creating a potential conflict of interest

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.c

For Applicant

In Law in Foreign Country

Immediate Family

Nigeria

HEIGHTENED RISK

Unknown

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

(b) connections creating a potential conflict of interest

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.d

For Applicant

Extended Family in Foreign Country

Extended Family

Nigeria

HEIGHTENED RISK

Unknown

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

(b) connections creating a potential conflict of interest

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

1.e

For Applicant

Friend in Foreign Country

Friend

Nigeria

HEIGHTENED RISK

Unknown

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

(b) connections creating a potential conflict of interest

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

(b) deep/longstanding U.S. loyalties; conflict resolves in favor of the U.S.

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant failed to disclose her possession of a Nigerian passport on her 2002 e-QIP, indicating 'no' to Question 15, which asked if she had an active passport issued by a foreign government.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.b	On her 2013 e-QIP, Applicant denied possessing dual citizenship, despite being a dual citizen of Nigeria and the United States.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.c	Applicant used her Nigerian passport to travel to Nigeria after being granted a security clearance in November 2003, which she failed to disclose.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—
2.d	Applicant provided contradictory statements regarding her possession and use of her Nigerian passport, indicating a lack of candor during her interview with an investigator.	Against Applicant	Lack of Candor in InterviewFOUND DELIBERATE	Other	Denied	(a) deliberate omission, concealment, or falsification on a security form (b) deliberately providing false information to an investigator or official	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant failed to disclose her possession of a Nigerian passport on her 2002 e-QIP, indicating 'no' to Question 15, which asked if she had an active passport issued by a foreign government.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

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

—

2.b

On her 2013 e-QIP, Applicant denied possessing dual citizenship, despite being a dual citizen of Nigeria and the United States.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

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

—

2.c

Applicant used her Nigerian passport to travel to Nigeria after being granted a security clearance in November 2003, which she failed to disclose.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Other

Denied

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

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

—

2.d

Applicant provided contradictory statements regarding her possession and use of her Nigerian passport, indicating a lack of candor during her interview with an investigator.

Against Applicant

Lack of Candor in InterviewFOUND DELIBERATE

Other

Denied

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

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

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
3.a	two delinquent mortgage debts totaling $64,380 $64,380	Against Applicant	Mortgage or Home Loan Debt	Admitted	—	—	—
3.b	two delinquent mortgage debts totaling $57,717 $57,717	Against Applicant	Mortgage or Home Loan Debt	Admitted	—	—	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

3.a

two delinquent mortgage debts totaling $64,380

$64,380

Against Applicant

Mortgage or Home Loan Debt

Admitted

—

3.b

two delinquent mortgage debts totaling $57,717

$57,717

Against Applicant

Mortgage or Home Loan Debt

Admitted

—

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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

PROCEDURAL RULINGS

FINDINGS OF FACT

POLICIES

ANALYSIS

WHOLE PERSON CONCEPT

FORMAL FINDINGS

CONCLUSION

FOOTNOTES