ISCR Case 04-10821.h1

Case Headnote

ISCR Case No. 04-10821.h1

deniedJan 26, 2006· Hon. Carol G. Ricciardello· hearing

Summary

A 50-year-old naturalized U.S. citizen, originally from the People's Republic of China, was denied a security clearance. The applicant, a software engineer for a federal contractor since 2001, faced concerns under Guideline B (Foreign Influence) and Guideline E (Personal Conduct).

Foreign influence concerns stemmed from her extensive family ties in China. Her sister, two brothers, and brother-in-law are citizens and residents of China, with professions including a high school physics teacher, a retired clothing industry worker, a university engineering professor, and a retired accountant. Her 85-year-old father-in-law is a retired government worker in Shanghai. While her parents reside in the U.S., they frequently spend time at the applicant's home. The applicant maintains contact with her relatives in China, has sent them money (approximately a couple of hundred dollars), and has traveled to China four times between 1996 and 2004 to visit family. Her husband also anticipates annual trips to China due to his father's age.

Personal conduct concerns arose because the applicant failed to disclose a prior shoplifting charge and participation in a diversion program on her security clearance application. The judge determined that the applicant did not provide sufficient evidence to mitigate the security risks associated with her foreign ties and lack of candor, leading to the denial of her security clearance.

Why the Applicant Was Denied

Applicant has numerous relatives in China, creating potential foreign influence risks.
Applicant failed to disclose a shoplifting charge on her security clearance application, indicating a lack of candor.
The applicant did not provide convincing evidence to mitigate the security concerns raised by her foreign ties and personal conduct.

Conditions Referenced

Disqualifying

E2.A2.1.2.1appliedForeign Influence Disqualifying Condition
E2.A2.1.2.2appliedForeign Influence Disqualifying Condition
E2.A5.1.2.2appliedPersonal Conduct Disqualifying Condition
E2.A5.1.2.4appliedPersonal Conduct Disqualifying Condition

Key Rule Quoted

“The sole purpose of a security clearance determination is to decide if it is clearly consistent with the national interest to grant or continue a security clearance for an applicant.”

Procedural Posture

SOR issuedJul 5, 2005
Answer filedJul 23, 2005Applicant elected to have her case decided on the written record.
Hearing held—
Decision dateJan 26, 2006

Cite For

Foreign Influence Concerns Due to Family Ties Under Guideline B
Personal Conduct Issues Related to Falsification on Security Clearance Applications Under Guideline E
The Importance of Disclosing All Relevant Information on Security Clearance Applications.

Editorial summary generated for research. Not legal advice; not a prediction. Verify against the full decision before relying on any quoted language.

¶	Allegation	Finding	Relationship	Country	Response	Disqualifying (¶7)	Mitigating applied (¶8)	Mitigation
1.a	Applicant is a naturalized citizen from the People's Republic of China and has many relatives that are citizens and residents there. She maintains contact with her relatives and intends to do so in the future.	Against Applicant	Parent in Foreign Country Immediate Family	People's Republic of China HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	—	—
1.b	Applicant's parents are citizens of China, and live in the United States. In the past they have resided with Applicant and her husband. Recently they acquired their own residence, but still spend time in Applicant's home.	Against Applicant	Parent in Foreign Country Immediate Family	People's Republic of China HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	—	—
1.c	Applicant's sister, two brothers, and brother-in-law are citizens and residents of China. Her sister is a high school physics teacher and her brother-in-law is retired, but worked in the clothing industry. One brother teaches engineering at a university, and the other is an accountant who studied chemistry while in college. He is now retired.	Against Applicant	Sibling in Foreign Country Immediate Family	People's Republic of China HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	—	—
1.d	Applicant's father-in-law is 85 years old and is a retired government worker for the city of Shanghai. He is a citizen and resident of China. Her mother-in-law is deceased.	Against Applicant	In Law in Foreign Country Immediate Family GOVT-AFFILIATED	People's Republic of China HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	—	—
1.e	In the past, Applicant has sent money to her family in China, including her parents and her father-in-law. It was approximately a couple of hundred of dollars, and no information was provided as to how often she sent it.	Against Applicant	Financial Support to Foreign Relative Immediate Family	People's Republic of China HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	—	—
1.f	Applicant traveled to China in August 1996, December 1999, October 2000, and May 2004. The purpose of the visits were to see her relatives. Her husband anticipates making annual trips to China due to his father's age.	Against Applicant	Unspecified Foreign Relationship Other	People's Republic of China HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	—	—
1.g	Applicant stays in contact with her family in China and visits them when she travels there. Applicant talks to her family in China, but no information was provided as to how often she communicates with them.	Against Applicant	Unspecified Foreign Relationship Other	People's Republic of China HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	—	—
1.h	Applicant does not own any property in China.	Against Applicant	Unspecified Foreign Relationship Other	People's Republic of China HEIGHTENED RISK	Denied	(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation (b) connections creating a potential conflict of interest (c) failure to report or disclose association with a foreign person/group/government	—	—

Allegation

Finding

Relationship

Country

Response

Disqualifying (¶7)

Mitigating applied (¶8)

Mitigation

1.a

Applicant is a naturalized citizen from the People's Republic of China and has many relatives that are citizens and residents there. She maintains contact with her relatives and intends to do so in the future.

Against Applicant

Parent in Foreign Country

Immediate Family

People's Republic of China

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

—

1.b

Applicant's parents are citizens of China, and live in the United States. In the past they have resided with Applicant and her husband. Recently they acquired their own residence, but still spend time in Applicant's home.

Against Applicant

Parent in Foreign Country

Immediate Family

People's Republic of China

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

—

1.c

Applicant's sister, two brothers, and brother-in-law are citizens and residents of China. Her sister is a high school physics teacher and her brother-in-law is retired, but worked in the clothing industry. One brother teaches engineering at a university, and the other is an accountant who studied chemistry while in college. He is now retired.

Against Applicant

Sibling in Foreign Country

Immediate Family

People's Republic of China

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

—

1.d

Applicant's father-in-law is 85 years old and is a retired government worker for the city of Shanghai. He is a citizen and resident of China. Her mother-in-law is deceased.

Against Applicant

In Law in Foreign Country

Immediate Family

GOVT-AFFILIATED

People's Republic of China

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

—

1.e

In the past, Applicant has sent money to her family in China, including her parents and her father-in-law. It was approximately a couple of hundred of dollars, and no information was provided as to how often she sent it.

Against Applicant

Financial Support to Foreign Relative

Immediate Family

People's Republic of China

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

—

1.f

Applicant traveled to China in August 1996, December 1999, October 2000, and May 2004. The purpose of the visits were to see her relatives. Her husband anticipates making annual trips to China due to his father's age.

Against Applicant

Unspecified Foreign Relationship

Other

People's Republic of China

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

—

1.g

Applicant stays in contact with her family in China and visits them when she travels there. Applicant talks to her family in China, but no information was provided as to how often she communicates with them.

Against Applicant

Unspecified Foreign Relationship

Other

People's Republic of China

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

—

1.h

Applicant does not own any property in China.

Against Applicant

Unspecified Foreign Relationship

Other

People's Republic of China

HEIGHTENED RISK

Denied

(a) contact with a foreign family member/associate/friend creating a heightened risk of exploitation

(b) connections creating a potential conflict of interest

(c) failure to report or disclose association with a foreign person/group/government

—

¶	Allegation	Finding	Conduct	Concealed Issue	Response	Disqualifying (¶16)	Mitigating applied (¶17)	Mitigation
2.a	Applicant failed to list on her security clearance application that she had been charged with shoplifting and went through a diversion program.	Against Applicant	Omission or Failure to DiscloseFOUND DELIBERATE	Criminal Conduct	Denied	(a) deliberate omission, concealment, or falsification on a security form (d) pattern of dishonesty, rule violations, or other untrustworthy behavior	—	—

Allegation

Finding

Conduct

Concealed Issue

Response

Disqualifying (¶16)

Mitigating applied (¶17)

Mitigation

2.a

Applicant failed to list on her security clearance application that she had been charged with shoplifting and went through a diversion program.

Against Applicant

Omission or Failure to DiscloseFOUND DELIBERATE

Criminal Conduct

Denied

(a) deliberate omission, concealment, or falsification on a security form

(d) pattern of dishonesty, rule violations, or other untrustworthy behavior

—

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Case Profile

Summary

Why the Applicant Was Denied

Conditions Referenced

Key Rule Quoted

Procedural Posture

Cite For

Full decision

DEFENSE OFFICE OF HEARINGS AND APPEALS

HEARING

SYNOPSIS

APPEARANCES

FINDINGS OF FACT

POLICIES

CONCLUSION

FORMAL FINDINGS

DECISION

FOOTNOTES