Guideline F under the Adjudicative Guidelines as set forth in Appendix A to Title 10 of the Code of Federal Regulations in Part 710 sets forth both the general financial concerns that can lead to the denial or suspension of a security clearance (also known as an "access authorization") and several example of how to mitigate those concerns and resolve concerns that could lead to the denial or suspension of a security clearance.
The Financial Considerations Concern is set forth in paragraph 18 as:
Failure or inability to live within one's means, satisfy debts, and meet financial obligations
may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations, all of which can raise questions about an individual's reliability, trustworthiness and ability to protect classified information. An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds. Compulsive gambling is a concern as it may lead to financial crimes including espionage. Affluence that cannot be explained by known sources of income is also a security concern. It may indicate proceeds from financially profitable criminal acts.
It should be noted that not only can debts or failure to meet financial obligations be a concern, but that unexplained affluence (For Example: an unexplained deposit of a large sum of money in a bank account, etc.) can lead to the denial or suspension of a clearance under the language of this guideline.
How could you resolve concerns about your finances? Fortunately in addition to other methodologies that Attorney Daniel L. Ellis has employed successfully with his client's in the past to resolve financial concerns, the Adjudicative Guidelines sets forth several methods. Those methods include demonstrating through evidence, testimony, or through a thoroughly documented and well supported response to a Letter of Interrogatory (LOI) that:
(a) The behavior happened so long ago, was so infrequent, or occurred under such circumstances that it is unlikely to recur and does not cast doubt on the individual's current reliability, trustworthiness, or good judgment;
(b) The conditions that resulted in the financial problem were largely beyond the person's control (e.g. loss of employment, a business downturn, unexpected medical emergency, or a death, divorce or
separation), and the individual acted responsibly under the circumstances;
(c) The person has received or is receiving counseling for the problem and/or there are clear indications that the problem is being resolved or is under control;
(d) The individual initiated a good-faith effort to repay overdue creditors or otherwise resolve debts;
(e) The individual has a reasonable basis to dispute the legitimacy of the past-due debt which is the cause of the problem and provides documented proof to substantiate the basis of the dispute or provides evidence of actions to resolve the issue;
(f) The affluence resulted from a legal source of income.
If you have questions about your Security Clearance or how to fill out your e-QIP (SF-86 or SF-85 or Questionnaire for National Security Position), then don't risk your career consult an Attorney with experience in Security Clearance Law. Contact Attorney Daniel L. Ellis at 865-235-1787 today!
