PSH-20-0050 - In the Matter of Personnel Security Hearing

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On January 7, 2021, an Administrative Judge determined that an Individual's access authorization under 10 C.F.R. Part 710 should be denied. The Individual has a history of 17 arrests during the period 1993 through 2018. During that period, police charged the Individual with a significant number of offenses, including violating a Domestic Violence Order of Protection, failing to comply with his conditions of release after he tested positive for methamphetamine on a court ordered drug test, Embezzlement, Failure to Appear, possession of a contraband motorcycle, and on six occasions, Battery Against a Household Member.

The Individual failed to file his Federal and state tax returns for tax years 2011 through 2017, owes $15,000 in delinquent state sales tax, had his wages garnished by the Internal Revenue Service (IRS), and had a $30,000 lien filed against him by the IRS. Further, a former landlord obtained a judgment, in the amount of $1,436, against the Individual for non- payment of rent. The Record also provided that the Individual has seven additional outstanding debts, with two accounts in charge-off status, four accounts in collection status, and one account in past due status.

The Individual has presented no credible evidence that he has resolved any of his outstanding  debts or tax obligations, that he was not liable for their payment, or that he has filed any of his outstanding tax returns. Instead he alleged that his ex-wife and the theft of a briefcase containing tax documents are responsible for his failure to resolve his outstanding debts and    tax obligations. Moreover, the Individual's financial irresponsibility was frequent, continues to occur, and continues to cast doubt on the Individual's current reliability, trustworthiness, and  good judgment. There is no evidence in the Record indicating that the Individual's debts and failures to file his tax returns were due to circumstances beyond his control, that he ever took measures to work with creditors to resolve his debts, or that he has ever sought extensions of  his filing deadlines from the IRS or state tax authorities. The Individual has neither offered any corroboration of his claim that he is working with a credit repair counselor, nor has he provided any evidence that his financial problems are being resolved or are under control. There is no evidence in the Record indicating that the Individual is adhering to any good-faith effort to repay overdue creditors or otherwise resolve debts. Although the Individual provided testimony that he was not responsible for the delinquent 2005 state sales tax, he did not provide any evidence to support this claim. Further, the Individual admits that he has not reached an arrangement with the IRS or state tax authorities to file or pay the amount owed.

Although a significant passage of time has occurred since some of the Individual's criminal activity, his pattern of criminal activity has continued into the recent past. Police charged the Individual with criminal activity on three occasions in 2018. Other than his unreliable and uncorroborated testimony, the Individual did not submit any evidence into the Record in support of the assertion that he was coerced into committing any criminal acts. The Individual claimed that his positive drug test in March 2018 resulted from his consumption of over-the- counter medicine, but failed to provide any evidence other than his implausible testimony to buttress these assertions. Lastly, the evidence in the Record does not show that the Individual   has been successfully rehabilitated. Accordingly, the Individual could not show that he has full resolved the security concerns arising under Guidelines F and J. OHA Case No. PSH-20-0050 (Steven Fine).