Summary
The Applicant, a 45-year-old former U.S. Marine and defense contractor, sought a security clearance but admitted to significant financial issues, including three debts totaling approximately $15,000, and a history of issuing worthless checks. Additionally, his immediate family members are citizens of Chile, raising concerns under foreign influence. The judge found insufficient evidence to mitigate the security risks associated with the Applicant's financial obligations and foreign connections, resulting in a denial of the security clearance.
Under Guideline B (Foreign Influence) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: The applicant's wife is a legal resident alien. Her mother and five brothers are citizens and residents of a foreign country (2.a). The applicant's mother-in-law and five brothers-in-law are citizens and residents of a foreign country (2.b). The record is silent as to the occupation of these individuals and the amount of contact Applicant has with them (2.c). Applicant admits he owes a communications debt of $284 (1.a). Applicant admits owing a credit card debt of $2,197.00 (1.b). Applicant admits owing a mortgage arrearage of $12,661.00 (1.c). In 1994, Applicant was charged with two counts of Simple Worthless Checks and ordered to pay restitution (1.d). Applicant issued three worthless checks, which have not been paid (1.e). Applicant filed for bankruptcy protection in February 2002 (1.f). Applicant filed for Chapter 13 protection in December 2003 (1.g).
The judge denied the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3, E2.A2.1.2.1. The decision turned on the following: The Applicant admitted to owing three debts totaling approximately $15,000 without evidence of payment or discharge; The Applicant has a history of issuing worthless checks, with an outstanding warrant from 1994 that remains unresolved; The Applicant's immediate family members are citizens of a foreign country, creating potential foreign influence concerns.
Why the Applicant Was Denied
- The Applicant admitted to owing three debts totaling approximately $15,000 without evidence of payment or discharge.
- The Applicant has a history of issuing worthless checks, with an outstanding warrant from 1994 that remains unresolved.
- The Applicant's immediate family members are citizens of a foreign country, creating potential foreign influence concerns.
Conditions Referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations.
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts.
- E2.A2.1.2.1raisedAn Immediate Family Member, or a Person to Whom the Individual Has Close Ties of Affection or Obligation, Is a Citizen Of, or Resident or Present In, a Foreign Country.
Key Rule Quoted
“"Any doubt as to whether access to classified information is clearly consistent with national security will be resolved in favor of the national security."”
Procedural Posture
- SOR issuedOct 21, 2003
- Answer filedDec 22, 2003Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; case decided on written record.
- Decision dateNov 30, 2004
Cite For
- Denial Based on Unresolved Financial Obligations Under Guideline F
- Foreign Influence Concerns Due to Immediate Family Members Residing in a Foreign Country Under Guideline B
- Insufficient Evidence to Mitigate Security Risks Associated with Financial Issues and Foreign Connections.