Supreme Court Report

Supreme Court of the United States · Official docket →

Akbar Ghaneh Fard v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-13621 · judgment February 4, 2020

Certiorari denied · October 5, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. In competitive government procurement programs, does a government contractor “defraud” the Government by practicing conservatism in the bidding process and reasonably overstating estimates for proposed cost items?

  2. Does any alleged misrepresentation in obtaining a government procurement contract through set-aside program transform a contract into a “government benefit” akin to a grant or an entitlement program payment, for the purpose of loss and restitution calculation, as opposed to a classic procurement fraud, which should be treated under the general rule for loss calculation?

Counsel of record

For petitioner
Akbar Ghaneh Fard

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 05 2020
    Petition DENIED.
  2. Sep 02 2020
    DISTRIBUTED for Conference of 9/29/2020.
  3. Aug 27 2020
    Waiver of right of respondent United States to respond filed.
  4. Aug 17 2020
    Petition for a writ of certiorari filed. (Response due September 24, 2020)