Summary
A 49-year-old security guard was denied a security clearance due to concerns under Guideline E (Personal Conduct), Guideline F (Financial Considerations), and Guideline J (Criminal Conduct). The applicant had a history of financial delinquencies, including multiple unpaid federal and state tax liens. Specifically, he owed the IRS approximately $7,112 from a 1993 lien and $67 from a 1997 lien. He also owed his state taxing authority $5,286.94 as of June 2004, stemming from a 1999 lien for a 1992 tax debt, and admitted to an $1,863 credit card debt placed for collection in 1998.
Further issues included the applicant's willful failure to report self-employment income to both federal and state tax authorities for tax years 1995 through 2003. He also willfully failed to file state income tax returns for the years 1993 through 2003 and federal income tax returns for the years 1998 through 2003. Additionally, the applicant was arrested in 1996 for Theft, Less than $300 Value, though this charge was later dismissed.
Crucially, the applicant provided false information on his security clearance application (SF-86). He deliberately failed to disclose the pending tax liens and his delinquencies of over 90 and 180 days on various debts. The judge found that the applicant did not mitigate the security concerns, leading to the denial of his clearance.
Why the Applicant Was Denied
- The applicant had a history of financial delinquencies, including unpaid federal and state tax liens.
- He willfully failed to report self-employment income to tax authorities for several years.
- The applicant provided false information on his security clearance application regarding his financial status.
Conditions Referenced
- E2.A10.1.2.1raisedCriminal Conduct - History or Pattern of Criminal Activity
- E2.A10.1.2.2raisedCriminal Conduct - Multiple Lesser Offenses
- E2.A6.1.2.1raisedFinancial Considerations - Inability or Unwillingness to Satisfy Debts
- E2.A6.1.2.3raisedFinancial Considerations - Financial Problems Raise Security Concerns
- E2.A5.1.2.2raisedPersonal Conduct - Deliberate Falsification of Information
- E2.A5.1.2.4raisedPersonal Conduct - Concealment of Information That Increases Vulnerability
Key Rule Quoted
“"[N]o one has a 'right' to a security clearance."”
Procedural Posture
- SOR issuedJun 21, 2006
- Answer filedAug 18, 2006
- Hearing heldNov 6, 2006
- Decision dateDec 28, 2006
Cite For
- Denial Based on Financial Delinquencies Under Guideline F
- Failure to Mitigate Criminal Conduct Under Guideline J
- False Statements on Security Clearance Application Under Guideline E