No. 19-5805

Mahmoud Aldissi, et ux. v. United States

Lower Court: Eleventh Circuit
Docketed: 2019-09-04
Status: Denied
Type: IFP
Amici (1)IFP
Tags: civil-rights criminal-intent due-process federal-contracts fraud free-speech mail-fraud property-interest property-rights restitution-calculation right-to-control wire-fraud
Latest Conference: 2020-02-21
Question Presented (from Petition)

1. Is a mail or wire fraud conviction based on a sufficient property interest when a victim receives the full financial benefit of its bargain but, through material deceptions, is deprived of only its "right to control" how to spend its money or make informed financial decisions, or is that outside the statutes' scope? (A 7-4 split.)

2. When a defendant deceptively seeks or obtains a contract or grant through a set-aside program, should loss and restitution be calculated as its entire amount, or is there an offset for the fair market value of the work performed? (A 3-3 split.)

Question Presented (AI Summary)

Is a mail or wire fraud conviction based on a sufficient property interest when a victim receives the full financial benefit of its bargain but, through material deceptions, is deprived of only its 'right to control' how to spend its money or make informed financial decisions, or is that outside the statutes' scope?

Docket Entries

2020-02-24
Petition DENIED.
2020-01-23
DISTRIBUTED for Conference of 2/21/2020.
2020-01-22
Reply of petitioners Mahmoud Aldissi, et al. filed.
2020-01-03
Brief of respondent United States of America in opposition filed.
2019-11-29
Motion to extend the time to file a response from December 4, 2019 to January 3, 2020, submitted to The Clerk.
2019-11-29
Motion to extend the time to file a response is granted and the time is further extended to and including January 3, 2020.
2019-10-11
Motion to extend the time to file a response is granted and the time is further extended to and including December 4, 2019.
2019-10-10
Motion to extend the time to file a response from November 4, 2019 to December 4, 2019, submitted to The Clerk.
2019-10-03
Brief amicus curiae of Michael Binday filed.
2019-09-25
Motion to extend the time to file a response is granted and the time is extended to and including November 4, 2019.
2019-09-24
Motion to extend the time to file a response from October 4, 2019 to November 4, 2019, submitted to The Clerk.
2019-09-09
Blanket Consent filed by Petitioners, Mahmoud Aldissi, et al.
2019-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 4, 2019)
2019-06-14
Application (18A1302) granted by Justice Thomas extending the time to file until August 29, 2019.
2019-06-10
Application (18A1302) to extend the time to file a petition for a writ of certiorari from June 30, 2019 to August 29, 2019, submitted to Justice Thomas.

Attorneys

Mahmoud Aldissi, et al.
Thomas Arnold Antoine Beller BurnsBurns, P.A., Petitioner
MICHAEL BINDAY
David William ShapiroThe Norton Law Firm, Amicus
United States of America
Noel J. FranciscoSolicitor General, Respondent