Summary
A security clearance was denied to an applicant due to unresolved financial obligations and a pattern of criminal conduct, specifically under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant had a history of knowingly and deliberately failing to file federal income tax returns and pay taxes from 1992 to 1996, a violation of federal law. This refusal persisted until he was jailed for contempt of court in 1997.
Although the applicant filed his tax returns properly after 1997, he has not made payments toward a resulting tax delinquency of $17,816.00. While the Internal Revenue Service reduced the debt by seizing other funds, a significant portion remains unpaid.
The denial was based on the applicant's deliberate refusal to file and pay taxes, the outstanding tax delinquency, and his history of criminal conduct, including the contempt of court, which raised concerns about his judgment and reliability.
Why the applicant was denied
- Applicant knowingly and deliberately refused to file federal income tax returns from 1992 to 1996, violating federal law.
- Applicant's refusal to pay taxes resulted in a significant tax delinquency that remains unpaid.
- The applicant's history of criminal conduct, including contempt of court, raised doubts about his judgment and reliability.
Conditions referenced
- E2.A6.1.2.1raisedHistory of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A10.1.2.1raisedAdmission of Criminal Conduct
- E2.A10.1.2.2raisedSingle Serious Crime or Multiple Lesser Offenses
- E2.A6.1.3.1rejectedBehavior Was Not RecentAlthough the debt arose between 1992 and 1997, it remains unpaid.
- E2.A6.1.3.2rejectedFinancial Difficulty Was an Isolated IncidentThe debt arose over many years and was not isolated.
- E2.A6.1.3.3rejectedConditions Largely Beyond the Person's ControlThe financial problems arose from the applicant's voluntary decision.
- E2.A6.1.3.4rejectedReceived or Receiving CounselingApplicant did not present evidence of financial counseling.
- E2.A6.1.3.6rejectedGood-faith Effort to Repay DebtsApplicant has not made payments toward the tax debt.
- E2.A10.1.3.1appliedCriminal Behavior Was Not RecentApplicant's offenses occurred over ten years ago and he has filed taxes since.
- E2.A10.1.3.4appliedFactors Leading to Violation Are Not Likely to RecurApplicant's fear of governmental action suggests the behavior is unlikely to recur.
- E2.A10.1.3.6appliedClear Evidence of Successful RehabilitationApplicant has filed all tax returns since 1997 and intends to comply in the future.
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 issuedApr 25, 2005
- Answer filedJun 7, 2005
- Hearing heldDec 8, 2005Applicant waived right to 15 days' notice.
- Decision dateMar 6, 2006
Cite for
- Denial of Clearance Due to Unresolved Tax Obligations Under Guideline F
- Criminal Conduct Impacting Security Clearance Eligibility Under Guideline J
- Consideration of the Whole Person Concept in Security Clearance Decisions