Summary
The applicant, a 68-year-old with a previously unblemished security clearance record from 1982 to 2003, faced security concerns under Guidelines E, F, and J due to a past felony conviction for Aiding and Abetting and Wire Fraud. The judge found that the applicant had mitigated these concerns by demonstrating significant time elapsed since the criminal conduct, a positive financial recovery, and strong community support, ultimately granting eligibility for a security clearance.
Under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant denies that he owes the Internal Revenue Service (IRS) about $13,727 in unpaid taxes for tax years 2010~2012 (3.a). Applicant denies that he owes a county tax assessor about $13,483 in unpaid property taxes for 2012 (3.b). Applicant denies that he owes State A’s taxing agency about $13,322 in unpaid taxes for tax years 2006~2009 (3.c). Applicant denies that he owes State B’s taxing agency about $1,451 in unpaid taxes for tax years 2007 and 2010 (3.d). On at least two occasions prior to the incident in question, one at the behest of his employer and the other at the behest of his employer’s parent company, Applicant worked on projects outside of his employment, and for his own personal gain (1.a).
The judge granted the clearance. The government raised disqualifying conditions J 31(a), E 16(d), F 19(a). The judge applied mitigating conditions J 32(a), E 17(c), F 20(b), F 20(d). The decision turned on the following: The applicant's criminal conduct occurred over ten years ago and is unlikely to recur; The applicant has demonstrated a positive financial recovery and has paid all past debts; Strong community support and positive character references were presented.
Why the applicant prevailed
- The applicant's criminal conduct occurred over ten years ago and is unlikely to recur.
- The applicant has demonstrated a positive financial recovery and has paid all past debts.
- Strong community support and positive character references were presented.
Conditions referenced
- J 31(a)raisedCriminal Conduct
- E 16(d)raisedPersonal Conduct
- F 19(a)raisedFinancial Considerations
- J 32(a)appliedCriminal ConductThe criminal behavior occurred over ten years ago and is unlikely to recur.
- E 17(c)appliedPersonal ConductThe offense is minor and unlikely to recur.
- F 20(b)appliedFinancial ConsiderationsFinancial difficulties were largely beyond the applicant's control.
- F 20(d)appliedFinancial ConsiderationsThe applicant has made a good-faith effort to repay overdue creditors.
Key rule quoted
“The protection of the national security is the paramount consideration.”
Procedural posture
- SOR issuedApr 24, 2014
- Answer filedMay 17, 2014
- Hearing heldSep 3, 2014Hearing was delayed to accommodate counsel.
- Decision dateSep 30, 2014
Cite for
- Mitigating Factors for Criminal Conduct Under Guideline J
- Mitigating Conditions for Personal Conduct Under Guideline E
- Financial Recovery and Good-faith Efforts to Resolve Debts Under Guideline F.