Summary
The applicant, a 42-year-old single mother and proposal services manager, faced security clearance denial under Guideline F due to a history of financial delinquencies, including approximately $60,000 in federal and state tax liens. Despite an increase in income and some debt resolution, the applicant failed to demonstrate a concrete plan to address her significant tax obligations, leading to the conclusion that she did not mitigate the financial concerns raised.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: In about September 2004, a federal tax lien was entered against Applicant for outstanding federal income taxes owed for tax years 1997 through 2002 in the approximate amount of $39,581.13, and, as of March 10, 2006, the debt had not been satisfied (1.a). In March 2003, a federal tax lien was entered against Applicant for outstanding federal income taxes owed for tax years 1993 through 1996 in the approximate amount of $14,044.88, and, as of March 10, 2006, the debt had not been satisfied (1.b). Applicant was indebted to a creditor for a judgment entered against her in about October 2000 in the amount of $2,659, and, as of March 10, 2006, the judgment had not been satisfied (1.c). Applicant was indebted to a creditor for a charged-off account in the amount of approximately $593, and, as of April 2, 2005, the debt had not been paid (1.d). On or about April 4, 2005, a state tax lien was filed against Applicant for outstanding state income taxes owed for the tax years 1998 through 2002 in the approximate amount of $12,704.08, and, as of August 11, 2006, this debt had not been satisfied (1.e).
The judge denied the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3. The judge applied mitigating conditions E2.A6.1.3.1, E2.A6.1.3.2, E2.A6.1.3.3, E2.A6.1.3.4, E2.A6.1.3.6. The decision turned on the following: The applicant has a long history of financial delinquencies, particularly with federal and state tax obligations totaling approximately $60,000; The applicant failed to provide a concrete and verifiable plan to satisfy her outstanding debts while meeting current financial obligations; The applicant's financial issues predated her medical condition and were not sufficiently mitigated by her recent income increase or offers of compromise.
Why the Applicant Was Denied
- The applicant has a long history of financial delinquencies, particularly with federal and state tax obligations totaling approximately $60,000.
- The applicant failed to provide a concrete and verifiable plan to satisfy her outstanding debts while meeting current financial obligations.
- The applicant's financial issues predated her medical condition and were not sufficiently mitigated by her recent income increase or offers of compromise.
Conditions Referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A6.1.3.1rejectedThe Behavior Was Not Recent
- E2.A6.1.3.2rejectedIt Was an Isolated Incident
- E2.A6.1.3.3rejectedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- E2.A6.1.3.4appliedThe Person Has Received or Is Receiving Counseling for the Problem and There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- E2.A6.1.3.6rejectedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“"A person who is unwilling to fulfill his legal obligations does not demonstrate the high degree of good judgment and reliability required of persons granted access to classified information."”
Procedural Posture
- SOR issuedJun 12, 2006
- Answer filedJul 24, 2006
- Hearing heldSep 11, 2006Applicant requested an expedited hearing.
- Decision dateSep 29, 2006
Cite For
- Denial of Security Clearance Due to Unresolved Financial Delinquencies Under Guideline F
- Failure to Demonstrate a Concrete Plan for Debt Resolution
- Impact of Long-standing Financial Issues on Security Clearance Eligibility