Summary
The applicant, a 62-year-old Department of Defense contractor, sought to maintain his security clearance under Guideline B (Foreign Influence) and Guideline F (Financial Considerations). He admitted to failing to file tax returns for several years due to personal hardships but demonstrated significant efforts to resolve his financial issues and maintain his integrity. The judge found that the applicant's financial problems were being addressed and that his foreign contact did not pose a significant risk, leading to a decision to grant the security clearance.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: 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 (2.a). failed to file and pay his federal income tax returns for tax years 2011 and 2012 (1.a). failed to file and pay his state tax returns in 2011 and 2012 (1.b). has a $500 state tax lien pending against him for tax year 2006 (1.c).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c), AG ¶ 19(g), AG ¶ 7(a), AG ¶ 7(b). The judge applied mitigating conditions AG ¶ 20(c), AG ¶ 20(d), AG ¶ 8(a). The decision turned on the following: The applicant demonstrated a good-faith effort to resolve his financial issues by hiring professionals to assist with tax filings; He provided evidence of his charitable actions and strong community support, indicating good character; The applicant's foreign contact was deemed not to pose a significant risk of coercion or exploitation.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve his financial issues by hiring professionals to assist with tax filings.
- He provided evidence of his charitable actions and strong community support, indicating good character.
- The applicant's foreign contact was deemed not to pose a significant risk of coercion or exploitation.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 19(g)raisedFailure to File Annual Federal, State or Local Income Tax Returns
- AG ¶ 7(a)raisedContact with a Foreign Person Creating a Heightened Risk of Exploitation
- AG ¶ 7(b)raisedConnections to a Foreign Person Creating a Potential Conflict of Interest
- AG ¶ 20(c)appliedReceived or Is Receiving Counseling for the Problem
- AG ¶ 20(d)appliedInitiated a Good-faith Effort to Repay Overdue Creditors
- AG ¶ 8(a)appliedNature of the Relationship with Foreign Persons Is Unlikely to Create a Conflict of Interest
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedApr 8, 2015
- Answer filedApr 21, 2015
- Hearing heldOct 5, 2015
- Decision dateDec 21, 2015
Cite For
- Mitigating Conditions for Financial Considerations Under Guideline F
- Mitigating Conditions for Foreign Influence Under Guideline B
- Whole-person Assessment in Security Clearance Decisions