Summary
The applicant, a 46-year-old data manager, faced security concerns under Guideline E (Personal Conduct) and Guideline F (Financial Considerations) due to a history of delinquent debts accumulated between 1997 and 2004. Contributing factors included a divorce, an automobile accident, and loss of full-time employment. The applicant demonstrated a good-faith effort to repay debts and was found to have mitigating circumstances, leading to the granting of her security clearance.
Under Guideline E (Personal Conduct) and Guideline F (Financial Considerations), the Statement of Reasons alleged the following: $74 magazine bill (1.a). $71 debt (same as SOR 1.m) (1.b). $71 debt (same as SOR 1.b) (1.c). $5,166 automotive financing account related to repossession (1.d). $341 debt (same as SOR 1.i) (1.e). $2,455 credit card bill included in bankruptcy (1.f). $531 debt (1.g). $272 debt (same as SOR 1.e) (1.i). $2,886 automotive financing account related to repossession (1.j). $81 gas utility bill (1.k). $598 debt (identity theft) (1.l). $71 debt (same as SOR 1.b) (1.m). $81 debt (same as SOR 1.k) (1.n). $289 debt (identity theft) (1.p). $352 debt (identity theft) (1.q). $311 debt (identity theft) (1.r).
The judge granted the clearance. The government raised disqualifying conditions E2.A6.1.2.1, E2.A6.1.2.3. The judge applied mitigating conditions E2.A6.1.3.3, E2.A6.1.3.6. The decision turned on the following: The applicant paid off the majority of her debts and demonstrated a good-faith effort to resolve her financial issues; Circumstances beyond her control, such as a divorce and an auto accident, contributed to her financial difficulties; The applicant's character references described her as trustworthy, reliable, and hard-working.
Why the Applicant Prevailed
- The applicant paid off the majority of her debts and demonstrated a good-faith effort to resolve her financial issues.
- Circumstances beyond her control, such as a divorce and an auto accident, contributed to her financial difficulties.
- The applicant's character references described her as trustworthy, reliable, and hard-working.
Conditions Referenced
- E2.A6.1.2.1raisedA History of Not Meeting Financial Obligations
- E2.A6.1.2.3raisedInability or Unwillingness to Satisfy Debts
- E2.A6.1.3.3appliedThe Conditions That Resulted in the Behavior Were Largely Beyond the Person's Control
- E2.A6.1.3.6appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“A person's relationship with her creditors is a private matter until evidence is uncovered demonstrating an inability or unwillingness to repay debts under agreed upon terms.”
Procedural Posture
- SOR issuedAug 18, 2006
- Answer filedSep 6, 2006
- Hearing heldNov 28, 2006
- Decision dateJan 31, 2007
Cite For
- Mitigating Circumstances in Financial Difficulties Under Guideline F
- Good-faith Efforts to Resolve Debts
- Character References Supporting Trustworthiness Under Guideline E