ISCR Case 15-00038.h1

Case Headnote

ISCR Case No. 15-00038.h1

grantedMay 2, 2016· Hon. Richard A. Cefola· hearing

Summary

A 55-year-old naturalized U.S. citizen, originally from Jamaica, was granted a security clearance despite initial concerns under Guideline C (Foreign Preference) and Guideline F (Financial Considerations). The applicant’s foreign preference concern stemmed from possessing a Canadian passport. This was mitigated when the applicant surrendered the passport to a Government Security Officer on or about October 16, 2015, after learning it was inappropriate for a security clearance holder.

Financial concerns arose from several past-due debts and a failure to file federal and state tax returns for tax year 2012. Specific debts included approximately $862 to Creditor B, $539 to Creditor C, $322 to Creditor D, $589 to Creditor E, $344 to Creditor F (a cable TV debt), $331 to Creditor G, and $272 to Creditor H.

The applicant successfully mitigated these financial concerns by demonstrating that the difficulties were largely due to circumstances beyond his control, such as unemployment and divorce. He filed the delinquent tax returns and resolved the outstanding debts, showing a good-faith effort to address his financial issues. Based on these mitigating actions, the security clearance was granted.

Why the Applicant Prevailed

The applicant surrendered his Canadian passport to the Government Security Officer, mitigating foreign preference concerns.
The applicant's financial difficulties were largely due to circumstances beyond his control, including unemployment and divorce.
The applicant filed delinquent tax returns and resolved outstanding debts, demonstrating a good-faith effort to address financial issues.

Conditions Referenced

Disqualifying

C.1.araisedForeign Preference - Possession of a Current Foreign Passport
F.19.araisedFinancial Considerations - Inability or Unwillingness to Satisfy Debts
F.19.craisedFinancial Considerations - History of Not Meeting Financial Obligations
F.19.graisedFinancial Considerations - Failure to File Annual Federal, State, or Local Income Tax Returns as Required

Mitigating

C.11.eappliedForeign Preference - Passport Has Been Surrendered to the Cognizant Security Authority
F.20.bappliedFinancial Considerations - Conditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
F.20.dappliedFinancial Considerations - Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts

Key Rule Quoted

“The administrative judge’s over-arching adjudicative goal is a fair, impartial and commonsense decision.”

Procedural Posture

SOR issuedAug 27, 2015
Answer filedNov 2, 2015
Hearing heldFeb 9, 2016
Decision dateMay 2, 2016

Cite For

Mitigation of Foreign Preference Concerns Through Surrender of Foreign Passport
Financial Difficulties Mitigated by Circumstances Beyond Control
Good-faith Efforts to Resolve Financial Obligations

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

¶	Allegation	Finding	Type	Response	Disqualifying (¶10)	Mitigating applied (¶11)	Mitigation
1.a	Applicant denies that he “currently possesses a Canadian passport.” When he applied for a “Security Clearance and found out that . . . [he] really shouldn’t have a foreign passport,” Applicant surrendered his Canadian passport to the “Government Security Officer” at his employer’s place of business on or about October 16, 2015. This is evidenced by an email from that Government Security Officer.	For Applicant	Foreign Passport Possession or Use	Denied	—	(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern	—

Allegation

Finding

Type

Response

Disqualifying (¶10)

Mitigating applied (¶11)

Mitigation

1.a

Applicant denies that he “currently possesses a Canadian passport.” When he applied for a “Security Clearance and found out that . . . [he] really shouldn’t have a foreign passport,” Applicant surrendered his Canadian passport to the “Government Security Officer” at his employer’s place of business on or about October 16, 2015. This is evidenced by an email from that Government Security Officer.

For Applicant

Foreign Passport Possession or Use

Denied

—

(e) the exercise of the entitlements or benefits of foreign citizenship do not present a national security concern

—

¶	Allegation	Finding	Type	Response	Disqualifying (¶19)	Mitigating applied (¶20)	Mitigation
2.a	failed to file his Federal and state tax returns for tax year 2012	For Applicant	Tax Filing Failure	Denied	—	(b) conditions largely beyond the person’s control; acted responsibly (d) good-faith effort to repay or otherwise resolve debts	—
2.b	indebted to Creditor B for a past-due debt in the amount of about $862 $862	For Applicant	Unspecified Financial	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
2.c	indebted to Creditor C for a past-due debt in the amount of about $539 $539	For Applicant	Unspecified Financial	Denied	—	(d) good-faith effort to repay or otherwise resolve debts	Documented Debt Paid in Full
2.d	indebted to Creditor D for a past-due debt in the amount of about $322 $322	For Applicant	Unspecified Financial	Denied	—	—	Claimed Debt Paid in Full
2.e	indebted to Creditor E for a past-due debt in the amount of about $589 $589	For Applicant	Unspecified Financial	Denied	—	—	Claimed Debt Disputed with Creditor
2.f	indebted to Creditor F for a past-due, cable TV debt in the amount of about $344 $344	For Applicant	Unspecified Financial	Denied	—	—	Claimed Debt Disputed with Creditor
2.g	indebted to Creditor G for a past-due debt in the amount of about $331 $331	For Applicant	Unspecified Financial	Denied	—	—	Documented Debt Paid in Full
2.h	indebted to Creditor H for a past-due debt in the amount of about $272 $272	For Applicant	Unspecified Financial	Denied	—	—	Documented Debt Paid in Full

Allegation

Finding

Type

Response

Disqualifying (¶19)

Mitigating applied (¶20)

Mitigation

2.a

failed to file his Federal and state tax returns for tax year 2012

For Applicant

Tax Filing Failure

Denied

—

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

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

—

2.b

indebted to Creditor B for a past-due debt in the amount of about $862

$862

For Applicant

Unspecified Financial

Denied

—

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

Documented

Debt Paid in Full

2.c

indebted to Creditor C for a past-due debt in the amount of about $539

$539

For Applicant

Unspecified Financial

Denied

—

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

Documented

Debt Paid in Full

2.d

indebted to Creditor D for a past-due debt in the amount of about $322

$322

For Applicant

Unspecified Financial

Denied

—

Claimed

Debt Paid in Full

2.e

indebted to Creditor E for a past-due debt in the amount of about $589

$589

For Applicant

Unspecified Financial

Denied

—

Claimed

Debt Disputed with Creditor

2.f

indebted to Creditor F for a past-due, cable TV debt in the amount of about $344

$344

For Applicant

Unspecified Financial

Denied

—

Claimed

Debt Disputed with Creditor

2.g

indebted to Creditor G for a past-due debt in the amount of about $331

$331

For Applicant

Unspecified Financial

Denied

—

Documented

Debt Paid in Full

2.h

indebted to Creditor H for a past-due debt in the amount of about $272

$272

For Applicant

Unspecified Financial

Denied

—

Documented

Debt Paid in Full

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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

FORMAL FINDINGS

CONCLUSION