Summary
Applicant is a 40-year-old naturalized U.S. citizen from Syria, married with five children, working as a software engineer for a defense contractor. He has 22 delinquent debts, some of which he paid before the hearing, and family members residing in Syria. He failed to disclose two criminal arrests, multiple delinquent debts, and a bankruptcy on his security clearance application. The judge found that the applicant did not mitigate the security concerns related to financial considerations, foreign influence, and personal conduct, leading to a denial of his clearance.
Under Guideline B (Foreign Influence), Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct), the Statement of Reasons alleged the following: Applicant has family members citizens of and resident in Syria (2.a). Applicant's mother and father are citizens and resident in Syria, but have "green cards" from the U.S. obtained during their past visits (2.b). Applicant has a brother and sister who are citizens of and residents of Syria (2.c). Applicant has two brothers and a half-brother in the U.S. who are dual citizens of the U.S. and Syria (2.d). Applicant sends his parents $100 monthly to support them (2.e). bank debt, $281 (1.a). physician, $360 (1.b). cable T.V., $55 (1.c). medical testing, $72 (1.d). bank debt, $339 (settled for $271.06) (1.e). physician, $283 (1.f). medical practice, $58 (1.g). family physician, $270 (1.h). family physician, $206 (1.i). orthopedic center, $111 (1.j). MRI diagnostic office, $1,290 (1.k). medical center bill, $2,517 (1.l). same medical center, $10,214 (1.m). same medical center, $2,387 (1.n). pathology office, $87 (1.o). radiologist, $1,549 (1.p). judgment for telephone company ad book, $1,575 (1.q). judgment for health club membership, $482 (1.r). judgment by import company, $1,931 (1.s). judgment by purchaser of car sold by Applicant, $1,300, discharged in bankruptcy (1.t). medical center judgment, $18,228.76 settled for $7,000 (1.u). judgment by insurance company for alleged fraud in reporting car stolen for which payment was made, $4,826, discharged in bankruptcy (1.v).
The judge denied the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A2.1.2.1, E2.A5.1.2.2, E2.A5.1.2.5. The judge applied mitigating conditions E2.A6.1.3.6. The decision turned on the following: Applicant has a history of 22 delinquent debts, indicating financial irresponsibility; He failed to disclose significant financial issues, including a bankruptcy and multiple judgments; Applicant's family ties in Syria create a potential for foreign influence and coercion.
Why the Applicant Was Denied
- Applicant has a history of 22 delinquent debts, indicating financial irresponsibility.
- He failed to disclose significant financial issues, including a bankruptcy and multiple judgments.
- Applicant's family ties in Syria create a potential for foreign influence and coercion.
Conditions Referenced
- E2.A6.1.2.1raisedFinancial Considerations
- E2.A2.1.2.1raisedForeign Influence
- E2.A5.1.2.2raisedPersonal Conduct
- E2.A5.1.2.5raisedPersonal Conduct
- E2.A6.1.3.6appliedFinancial ConsiderationsApplicant made some efforts to repay debts but still has unpaid debts.
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedMar 12, 2004
- Answer filedApr 1, 2004
- Hearing heldOct 5, 2004Applicant waived the 15 day notice period.
- Decision dateMar 16, 2005
Cite For
- Financial Irresponsibility and Its Impact on Security Clearance Eligibility
- Foreign Influence Concerns Due to Family Ties in a Foreign Country
- Failure to Disclose Significant Personal History on Security Clearance Applications