Supreme Court of the United States · Official docket →
Eghbal Saffarinia, aka Eddie Saffarinia v. United States
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 23-3080 · judgment May 17, 2024
Before the decision, about 5.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a circuit split argued in the petition.
Question presented
Congress made it unlawful to knowingly make certain false statements or omissions with intent “to obstruct” bankruptcy cases, federal investigations, or—most important here—“proper administration” of federal “matter[s].” 18 U.S.C. § 1519. The penalty can be as high as 20 years’ incarceration. Ibid. In Marinello v. United States, 584 U.S. 1 (2018), this Court addressed the meaning of the similar phrase, “obstruct * * * due administration,” in an obstruction statute relating to the Internal Revenue Code. It held that “due administration” does not include “routine administrative procedures” like review of annual tax returns. Id. at 4. In the decision below, the court of appeals held that the phrase “proper administration” of “matter[s]” in § 1519 does reach “routine” processes like ordinary-course review of annually submitted forms. The question presented is: Whether a false statement or omission allegedly intended to obstruct routine procedures, such as ordinarycourse agency review of annual disclosure forms, constitutes intent to obstruct “proper administration of any matter” within the meaning of 18 U.S.C. § 1519. (i)
Counsel of record
For petitioner
Jeffrey Alan Lamken
MoloLamken LLP
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Dec 09 2024Petition DENIED.
- Dec 04 2024Brief amicus curiae of John T. Stinneford filed. (Distributed)
- Dec 03 2024Brief amici curiae of Criminal Law Scholars filed. (Distributed)
- Nov 27 2024Brief amici curiae of Former Federal Prosecutors filed. (Distributed)
- Nov 19 2024DISTRIBUTED for Conference of 12/6/2024.
- Nov 19 2024Brief amicus curiae of Cato Institute filed. (Distributed)
- Nov 13 2024Waiver of right of respondent United States to respond filed.
- Nov 04 2024Petition for a writ of certiorari filed. (Response due December 9, 2024)
- Oct 17 2024Application (24A357) granted by The Chief Justice extending the time to file until November 4, 2024.
- Oct 11 2024Application (24A357) to extend the time to file a petition for a writ of certiorari from October 21, 2024 to November 4, 2024, submitted to The Chief Justice.