ISCR Case 14-05335.h1

Case Headnote

ISCR Case No. 14-05335.h1

grantedFeb 29, 2016· Hon. Martin H. Mogul· hearing

Summary

A 44-year-old Data Analyst was granted a security clearance despite initial concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations). The Statement of Reasons (SOR) alleged the applicant failed to disclose a June 2012 judgment for unpaid tolls totaling approximately $13,516.40, and multiple overdue debts on her February 27, 2014 e-Qip. These debts included several collection accounts ranging from approximately $30 to $1,174, medical accounts from approximately $79 to $2,829, and a 2013 garnishment from her employer for approximately $14,801.60 due to corporate credit card misuse.

The applicant successfully mitigated these concerns. All debts listed in the SOR were either resolved or demonstrated to be incorrectly attributed to her, including those stemming from identity theft. Regarding the personal conduct allegations, the applicant credibly testified that any omissions on her e-Qip were due to a lack of knowledge rather than an intent to mislead.

The judge ultimately granted the security clearance. This decision was based on the resolution of the financial obligations, the applicant's credible testimony regarding her personal conduct, and supporting positive character references and performance evaluations.

Why the Applicant Prevailed

All debts listed in the SOR were resolved or shown to be incorrectly attributed to the applicant.
The applicant credibly testified that any omissions in her e-Qip were due to lack of knowledge, not intent to mislead.
Positive character references and performance evaluations supported the applicant's reliability.

Conditions Referenced

Disqualifying

AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
AG ¶ 16(a)rejectedDeliberate Omission, Concealment, or Falsification of Relevant FactsThe judge found no evidence of intent to mislead.

Mitigating

AG ¶ 20(b)appliedConditions Beyond the Person's ControlDebts arose from identity theft and errors by an insurance company.
AG ¶ 20(d)appliedGood-faith Effort to Repay or Resolve DebtsThe applicant engaged a law firm to resolve debts and successfully removed them from her credit report.

Key Rule Quoted

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

Procedural Posture

SOR issuedJan 6, 2015
Answer filedFeb 19, 2015
Hearing heldMay 28, 2015
Decision dateFeb 29, 2016

Cite For

Mitigation of Financial Concerns Due to Identity Theft Under Guideline F
Lack of Intent to Mislead in Personal Conduct Disclosures Under Guideline E
Successful Resolution of Debts Leading to Favorable Security Clearance Outcomes.

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
2.a	It is alleged in the SOR that Applicant failed to provide truthful and candid answers to a question asked under section 26 of an Electronic Questionnaires for Investigations Processing (e-Quip), executed by her on February 27, 2014. The question asked whether in the last seven years Applicant has had a judgment entered against her. Applicant answered, “No,” to this question and deliberately failed to disclose the judgment entered against her in June 2012, as set forth in subparagraph 1.k., above.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	—	—
2.b	It is alleged in the SOR that Applicant failed to provide truthful and candid answers to other questions asked under section 26 of e-Quip. The questions asked whether in the last seven years Applicant has had bills or debts turned over to a collection agency, or if she is currently over 120 days delinquent on any debt. Applicant answered, “No,” to these questions and deliberately failed to disclose that information concerning her finances and overdue debts as set forth in paragraph 1., above.	For Applicant	Omission or Failure to DiscloseNOT DELIBERATE	Other	Denied	—	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

It is alleged in the SOR that Applicant failed to provide truthful and candid answers to a question asked under section 26 of an Electronic Questionnaires for Investigations Processing (e-Quip), executed by her on February 27, 2014. The question asked whether in the last seven years Applicant has had a judgment entered against her. Applicant answered, “No,” to this question and deliberately failed to disclose the judgment entered against her in June 2012, as set forth in subparagraph 1.k., above.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

2.b

It is alleged in the SOR that Applicant failed to provide truthful and candid answers to other questions asked under section 26 of e-Quip. The questions asked whether in the last seven years Applicant has had bills or debts turned over to a collection agency, or if she is currently over 120 days delinquent on any debt. Applicant answered, “No,” to these questions and deliberately failed to disclose that information concerning her finances and overdue debts as set forth in paragraph 1., above.

For Applicant

Omission or Failure to DiscloseNOT DELIBERATE

Other

Denied

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
1.a	Applicant has an overdue debt for a collection account in the approximate amount of $1,174. $1,174	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—
1.b	Applicant has an overdue debt for a collection account in the approximate amount of $288. $288	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—
1.c	Applicant has an overdue debt for a collection account in the approximate amount of $30. $30	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.d	Applicant has an overdue debt for a medical account in the approximate amount of $2,829. $2,829	For Applicant	Medical Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—
1.e	Applicant has an overdue debt for a medical account in the approximate amount of $1,933. $1,933	For Applicant	Medical Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—
1.f	Applicant has an overdue debt for a medical account in the approximate amount of $79. $79	For Applicant	Medical Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—
1.g	Applicant has an overdue debt for a collection account in the approximate amount of $216. $216	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—
1.h	Applicant has an overdue debt for a collection account in the approximate amount of $237. $237	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—
1.i	Applicant has an overdue debt for a medical account in the approximate amount of $580. $580	For Applicant	Medical Debt	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—
1.j	Applicant has an overdue debt to her employer for a writ of garnishment filed against her in 2013 in the approximate amount of $14,801.60 as a result of misuse of a corporate credit card. $14,801	For Applicant	Unspecified Financial	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	—	—
1.k	Applicant has an overdue debt to a county transportation authority as a result of a judgment issued against her in June 2012 in the approximate amount of $13,516.40 as a result of unpaid tolls, penalties and costs. $13,516	For Applicant	Judgment Against Applicant	Unknown	(a) inability to satisfy debts (c) a history of not meeting financial obligations	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

1.a

Applicant has an overdue debt for a collection account in the approximate amount of $1,174.

$1,174

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

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

—

1.b

Applicant has an overdue debt for a collection account in the approximate amount of $288.

$288

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

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

—

1.c

Applicant has an overdue debt for a collection account in the approximate amount of $30.

$30

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.d

Applicant has an overdue debt for a medical account in the approximate amount of $2,829.

$2,829

For Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

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

—

1.e

Applicant has an overdue debt for a medical account in the approximate amount of $1,933.

$1,933

For Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

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

—

1.f

Applicant has an overdue debt for a medical account in the approximate amount of $79.

$79

For Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

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

—

1.g

Applicant has an overdue debt for a collection account in the approximate amount of $216.

$216

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

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

—

1.h

Applicant has an overdue debt for a collection account in the approximate amount of $237.

$237

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

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

—

1.i

Applicant has an overdue debt for a medical account in the approximate amount of $580.

$580

For Applicant

Medical Debt

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

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

—

1.j

Applicant has an overdue debt to her employer for a writ of garnishment filed against her in 2013 in the approximate amount of $14,801.60 as a result of misuse of a corporate credit card.

$14,801

For Applicant

Unspecified Financial

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

—

1.k

Applicant has an overdue debt to a county transportation authority as a result of a judgment issued against her in June 2012 in the approximate amount of $13,516.40 as a result of unpaid tolls, penalties and costs.

$13,516

For Applicant

Judgment Against Applicant

Unknown

(a) inability to satisfy debts

(c) a history of not meeting financial obligations

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

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

—

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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