Summary
A 57-year-old technician was denied a security clearance due to significant financial and criminal conduct concerns, as well as personal conduct issues. The applicant had a history of financial irresponsibility, including approximately $4,337 owed to 18 creditors, $9,024 to the IRS, and $1,758 in state taxes. He had not filed federal and state income tax returns since 1995, and a Chapter 13 bankruptcy filing was dismissed due to his inability to make payments.
Further concerns arose from a pattern of criminal conduct, specifically two prosecutions for writing worthless checks. Warrants were issued for his arrest on seven occasions for failing to pay restitution related to these checks. The applicant also deliberately falsified his security clearance application by failing to disclose a state and federal tax lien and providing a false answer to another question.
The judge found that these issues, falling under Guidelines E (Personal Conduct), F (Financial Considerations), and J (Criminal Conduct), raised serious security concerns. There was no evidence of rehabilitation, resolution of outstanding debts, or attempts to resolve the warrants. The applicant provided insufficient information regarding his income or expenses, and his wife's medical condition did not mitigate his conduct. Consequently, the security clearance was denied.
Why the Applicant Was Denied
- The applicant has a history of financial irresponsibility, including two bankruptcies and numerous delinquent debts.
- He has not filed federal and state income tax returns since 1995, leading to significant tax liabilities.
- The applicant has a pattern of criminal conduct, including multiple arrests for issuing worthless checks and failure to pay restitution.
Conditions Referenced
- E2.A6.1.2.1raisedFinancial Considerations Disqualifying ConditionA history of not meeting financial obligations.
- E2.A6.1.2.3raisedFinancial Considerations Disqualifying ConditionInability or unwillingness to satisfy debts.
- E2.A10.1.2.1raisedCriminal Conduct Disqualifying ConditionAllegations or admission of criminal conduct, regardless of whether the person was formally charged.
- E2.A10.1.2.2raisedCriminal Conduct Disqualifying ConditionA single serious crime or multiple lesser offenses.
- E2.A5.1.2.2raisedPersonal Conduct Disqualifying ConditionThe deliberate omission, concealment, or falsification of relevant and material facts.
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 issuedOct 12, 2005
- Answer filedNov 18, 2005Applicant elected to have the case decided on the written record.
- Hearing held—No hearing; decided on the written record.
- Decision dateJun 23, 2006
Cite For
- Denial of Clearance Due to Financial Irresponsibility Under Guideline F
- Criminal Conduct Related to Worthless Checks Under Guideline J
- Failure to Disclose Tax Liens Under Guideline E