PSH-22-0129 - In the Matter of Personnel Security Hearing

On December 28, 2022, an Administrative Judge determined that the Individual's access authorization should not be granted under 10 C.F.R. Part 710. In April 2021, the Individual completed a Questionnaire for National Security Positions (QNSP). The Local Security Office (LSO) received derogatory information regarding the Individual's financial indebtedness and criminal conduct . Regarding the Guideline F concerns, the LSO cited two charge -off account totaling $16,084 and three collection accounts totaling $2,955. The LSO also relied on the Individual's statement that he did not intend to pay one of the charged-off accounts because the creditor could not demand payment.  The LSO also relied on the Individual's failure to file his 2017 and 2018 federal and state business tax returns and his 2017 individual federal and state tax returns. Regarding Guideline J, the LSO cited a criminal charge regarding the Individual's 2015 failure to secure payment of worker's compensation insurance; 2) a 2019 restraining order, as the result of a confrontation between the Individual and his ex-wife at a gym; 3) a 2018 domestic violence restraining order; 4) a 2018 charge of battery on a spouse/former spouse, which resulted in an outstanding warrant for failure to appear being issued; 5) a 2011 charge of two counts of battery on a spouse /former spouse; and 6) the Individual's marijuana use approximately 60 times a year between 2006 through 2019. At the hearing, the Individual testified that he has not paid any of the outstanding debts listed by the LSO.  He reiterated that the two charged-off accounts could not be collected. He stated that he is going to pay the other obligations when he has the money. Regarding the criminal charges and restraining orders, the Individual asserted that most of the charges were false or exaggerated. He ex -wife could not recall the details surrounding the incidents, but claimed she was being dramatic when she reported the incidents. The Administrative Judge found that he has not mitigated the concerns raised by his financial irregularities or his criminal record. Accordingly, the Individual was not able to demonstrate that he had resolved the security concerns arising under Guidelines F and J. (OHA Case No. PSH-22-0129, Fishman)