Summary
A 39-year-old self-employed food service consultant was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The denial stemmed from a history of delinquent debts, failure to file federal tax returns, and providing incorrect information on her security clearance application.
The applicant's financial issues included a 1996 trash collection bill, a 1997 credit card bill, a 1997 city personal property tax bill for $11,708, and various state and federal tax debts for 1997, 1998, and 2000. Other debts included a 1998 telephone bill, a 1999 equipment lease, and 1999 apartment rent. Additionally, the applicant failed to file federal income tax returns for 1999 and 2000, which is a criminal offense.
The judge found that the applicant deliberately provided incorrect answers on her security clearance application regarding debts past due over 180 days in the last seven years and currently past due over 90 days. These issues of financial irresponsibility and criminal conduct were not mitigated by her claims of attempting to resolve her debts, leading to the denial of her security clearance.
Why the Applicant Was Denied
- Applicant has a history of delinquent debts dating back to 1996, demonstrating financial irresponsibility.
- Applicant failed to file federal tax returns for two years, constituting criminal conduct.
- Applicant provided incorrect information on her security clearance application regarding her debts.
Conditions Referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A10.1.2.1raisedAllegations or Admission of Criminal Conduct
- E2.A10.1.2.2raisedA Single Serious Crime or Multiple Lesser Offenses
- E2.A5.1.2.2raisedDeliberate Omission, Concealment, or Falsification of Relevant and Material Facts
- E2.A6.1.3.6rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsApplicant did not provide sufficient documentation to support claims of good-faith efforts.
- E2.A10.1.3.1notedThe Criminal Behavior Was Not Recent
- E2.A10.1.3.2notedThe Crime Was an Isolated Incident
- E2.A10.1.3.6notedThere Is Clear Evidence of Successful Rehabilitation
- E2.A5.1.3rejectedThe Falsification Was an Isolated Incident, Not Recent, and the Individual Has Subsequently Provided Correct Information VoluntarilyApplicant did not provide correct information voluntarily.
- E2.A5.1.3.3rejectedThe Individual Made Prompt, Good-faith Efforts to Correct the Falsification Before Being Confronted with the FactsApplicant did not make prompt efforts to correct her application.
Key Rule Quoted
“"The adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security clearance."”
Procedural Posture
- SOR issuedJun 8, 2004
- Answer filedJul 26, 2004
- Hearing heldMar 29, 2005Hearing was delayed from January 27, 2005.
- Decision dateMay 4, 2005
Cite For
- Financial Irresponsibility Under Guideline F
- Criminal Conduct Due to Failure to File Tax Returns Under Guideline J
- Deliberate Omission of Debts on Security Clearance Application Under Guideline E