Summary
A 50-year-old former defense contractor linguist was granted a security clearance despite concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The Statement of Reasons detailed significant financial issues, including two judgments totaling $117,796 plus $15,474 in attorneys' fees, another judgment for $61,000, and multiple accounts in collection status amounting to $3,757, $328, $895, $18,626, and $3,100, along with a past due debt of $180.
Additionally, the applicant's criminal history included arrests in 1987 for failing to identify himself, in 1990 for speeding and failing to appear, and a charge of contempt of court. A notable concern was an August 2003 arrest and subsequent conviction for shoplifting.
The judge determined that the applicant had mitigated these concerns. His financial difficulties were attributed to business losses largely beyond his control, and he demonstrated a good-faith effort to resolve debts through Chapter 13 bankruptcy. For his criminal conduct, the applicant provided evidence of successful rehabilitation, including completing probation and counseling. Based on these mitigating factors, the security clearance was granted.
Why the Applicant Prevailed
- The applicant demonstrated that his financial difficulties were largely beyond his control due to business losses.
- He initiated a good-faith effort to resolve his debts through Chapter 13 bankruptcy.
- The applicant showed evidence of successful rehabilitation from his criminal conduct, completing probation and counseling.
Conditions Referenced
- E2.A6.1.2.1raisedFinancial Considerations - History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedFinancial Considerations - Inability to Satisfy Debts
- E2.A10.1.2.1raisedCriminal Conduct - Engaged in Criminal Conduct
- E2.A10.1.2raisedCriminal Conduct - Pattern of Criminal Activity
- E2.A6.1.3.3appliedFinancial Considerations - Conditions Largely Beyond Control
- E2.A6.1.3.6appliedFinancial Considerations - Good-faith Effort to Repay Debts
- E2.A10.1.3.1appliedCriminal Conduct - Not Recent Criminal Behavior
- E2.A10.1.3.6appliedCriminal Conduct - Evidence of Successful Rehabilitation
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedFeb 10, 2005
- Answer filedMar 23, 2005
- Hearing heldAug 18, 2005
- Decision dateNov 30, 2005
Cite For
- Mitigation of Financial Difficulties Due to Business Losses
- Successful Rehabilitation From Criminal Conduct
- Good-faith Efforts in Resolving Debts Through Bankruptcy