ISCR Case 14-01905.h1

Case Headnote

ISCR Case No. 14-01905.h1

grantedNov 21, 2015· Hon. Francisco Mendez· hearing

Summary

A security clearance was GRANTED to an applicant, a businesswoman and domestic violence survivor, despite concerns under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct).

The Statement of Reasons cited a 2005 DUI conviction and financial issues, including a $30,000 IRS tax lien and a $6,500 state tax lien. Additionally, it alleged approximately $2,400 in other non-medical debts and about $3,000 in unreimbursed medical expenses. The applicant was also accused of deliberately falsifying her security clearance application and faced unfounded allegations of domestic violence.

The judge found the applicant credible, noting she established that most debts, including the $30,000 IRS lien which she paid, were her ex-husband's responsibility. She is actively resolving remaining debts and refuted the allegations of domestic violence and application falsification. The state tax lien and other non-medical debts were also attributed to her ex-husband, who is in the process of resolving them.

Why the Applicant Prevailed

Applicant established that the largest debts were the legal obligations of her former husband.
She paid a significant $30,000 tax debt that was her ex-husband's responsibility.
Applicant is actively resolving remaining debts and has regained control of her finances.
She refuted allegations of domestic violence and falsification of her application, supported by credible testimony.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct

Mitigating

AG ¶ 20(a)appliedBehavior Happened Long Ago or Under Circumstances Unlikely to Recur
AG ¶ 20(b)appliedConditions That Resulted in Financial Problems Were Largely Beyond the Person's Control
AG ¶ 20(c)appliedReceived or Is Receiving Counseling for the Problem
AG ¶ 20(d)appliedInitiated a Good-faith Effort to Repay Overdue Creditors
AG ¶ 32(a)appliedSo Much Time Has Elapsed Since the Criminal Behavior
AG ¶ 32(c)appliedEvidence That the Person Did Not Commit the Offense
AG ¶ 32(d)appliedEvidence of Successful Rehabilitation
AG ¶ 17(b)appliedOmission Caused by Improper or Inadequate Advice
AG ¶ 17(c)appliedOffense Is Minor or Unlikely to Recur
AG ¶ 17(d)appliedAcknowledged Behavior and Taken Positive Steps

Key Rule Quoted

“Conduct involving questionable judgment, lack of candor, dishonesty, or unwillingness to comply with rules and regulations can raise questions about an individual’s reliability, trustworthiness and ability to protect classified information.”

Procedural Posture

SOR issuedSep 24, 2014
Answer filed—
Hearing heldAug 14, 2015Originally scheduled for 07/29/2015, rescheduled due to medical issues.
Decision dateNov 21, 2015

Cite For

Mitigation of Financial Concerns Under Guideline F
Refutation of Domestic Violence Allegations Under Guideline J
Credibility in Security Clearance Application Disclosures Under Guideline E

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
3.a	The SOR also alleges that Applicant deliberately falsified her security clearance application.	For Applicant	Falsification Security FormNOT DELIBERATE	—	Denied	—	—	—
3.b	The SOR cross-alleges Applicant’s DUI and the unfounded allegations of domestic violence under Guideline E.	Withdrawn	Questionable Judgment General	—	Denied	—	—	—
3.c	specific text not stated in this decision	For Applicant	Unspecified Personal Conduct	—	Unknown	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

3.a

The SOR also alleges that Applicant deliberately falsified her security clearance application.

For Applicant

Falsification Security FormNOT DELIBERATE

—

Denied

—

3.b

The SOR cross-alleges Applicant’s DUI and the unfounded allegations of domestic violence under Guideline E.

Withdrawn

Questionable Judgment General

—

Denied

—

3.c

specific text not stated in this decision

For Applicant

Unspecified Personal Conduct

—

Unknown

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	The IRS filed a $30,000 tax lien against Applicant and her ex-husband. Once Applicant became aware of the lien, she paid the outstanding federal tax liability and the lien was released. $30,000	For Applicant	Tax Unpaid	Admitted	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (c) received/receiving counseling; problem being resolved (d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
1.b	State tax authorities filed a $6,500 lien that Applicant’s ex-husband also acknowledges is his sole legal responsibility. He is in the process of resolving this debt. $6,500	For Applicant	Tax Unpaid	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.c	The two non-medical debts in 1.c and 1.d, which together total approximately $2,400, belong to her ex-husband. $2,400	For Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.d	The two non-medical debts in 1.c and 1.d, which together total approximately $2,400, belong to her ex-husband. $2,400	For Applicant	Unspecified Financial	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.e	Applicant has established that the majority of the delinquent debts listed in the SOR are for unreimbursed medical expenses and total approximately $3,000. $3,000	For Applicant	Medical Debt	Denied	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.f–1.i	4 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

The IRS filed a $30,000 tax lien against Applicant and her ex-husband. Once Applicant became aware of the lien, she paid the outstanding federal tax liability and the lien was released.

$30,000

For Applicant

Tax Unpaid

Admitted

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

(b) conditions largely beyond the person’s control; acted responsibly

(c) received/receiving counseling; problem being resolved

(d) good-faith effort to repay or otherwise resolve debts

Documented

Debt Paid in Full

1.b

State tax authorities filed a $6,500 lien that Applicant’s ex-husband also acknowledges is his sole legal responsibility. He is in the process of resolving this debt.

$6,500

For Applicant

Tax Unpaid

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.c

The two non-medical debts in 1.c and 1.d, which together total approximately $2,400, belong to her ex-husband.

$2,400

For Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.d

The two non-medical debts in 1.c and 1.d, which together total approximately $2,400, belong to her ex-husband.

$2,400

For Applicant

Unspecified Financial

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.e

Applicant has established that the majority of the delinquent debts listed in the SOR are for unreimbursed medical expenses and total approximately $3,000.

$3,000

For Applicant

Medical Debt

Denied

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.f–1.i

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

For Applicant

—

¶	Allegation	Finding	Offense	Criminal disposition	Response	Disqualifying (¶31)	Mitigating applied (¶32)	Mitigation
2.a	In 2005, shortly after Applicant’s second marriage ended in divorce, she was arrested and convicted of driving under the influence (DUI).	For Applicant	DUI or DWI Criminal	Convicted	Admitted	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	(a) so much time has passed, or unusual circumstances, that it is unlikely to recur (c) no reliable evidence the individual committed the offense (d) evidence of successful rehabilitation (time, restitution, employment, etc.)	Credited Passage of Time Credited Rehabilitation Evidence
2.b	Applicant and her current husband married in 2006. He physically beat her throughout the marriage. Applicant is receiving medical care for the serious injuries she sustained.	Withdrawn	Domestic Violence	—	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—
2.c	She has not been arrested, charged, or found responsible by any court for committing acts of domestic violence against her husband.	For Applicant	Domestic Violence	—	Denied	(a) pattern of minor offenses casting doubt on judgment/reliability (c) currently on parole or probation	—	—

Allegation

Finding

Offense

Criminal disposition

Response

Disqualifying (¶31)

Mitigating applied (¶32)

Mitigation

2.a

In 2005, shortly after Applicant’s second marriage ended in divorce, she was arrested and convicted of driving under the influence (DUI).

For Applicant

DUI or DWI Criminal

Convicted

Admitted

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

(a) so much time has passed, or unusual circumstances, that it is unlikely to recur

(c) no reliable evidence the individual committed the offense

(d) evidence of successful rehabilitation (time, restitution, employment, etc.)

Credited

Passage of Time

Credited

Rehabilitation Evidence

2.b

Applicant and her current husband married in 2006. He physically beat her throughout the marriage. Applicant is receiving medical care for the serious injuries she sustained.

Withdrawn

Domestic Violence

—

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

2.c

She has not been arrested, charged, or found responsible by any court for committing acts of domestic violence against her husband.

For Applicant

Domestic Violence

—

Denied

(a) pattern of minor offenses casting doubt on judgment/reliability

(c) currently on parole or probation

—

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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

FOOTNOTES