United States v. Shah
United States Court of Appeals for the Fifth Circuit
44 F.3d 285 (1995)
- Written by Sharon Feldman, JD
Facts
The General Services Administration (GSA) issued a solicitation for the purchase of irons and ironing accessories. The bid was going to be negotiated, which meant the offeror was permitted to alter its price after submission of a bid. Shah (defendant), the president of an electronics company, telephoned a competitor and suggested they share their bids so that they could split the award. The competitor was noncommittal. The next day, Shah submitted a bid in which he certified that the prices contained in the bid had not been and would not be disclosed. The competitor told the GSA about the conversation with Shah and, under the GSA’s supervision, telephoned Shah and agreed with him that they would fax each other their bids. Shah faxed the competitor a copy of his bid, and the competitor faxed Shah fictitious price information. Shah was charged with, and convicted after trial of, making a false statement to the GSA in violation of 18 U.S.C. § 1001. On appeal, he argued that his statement that he would not disclose his bid to any other offeror or competitor before the award of the contract was not false when made.
Rule of Law
Issue
Holding and Reasoning (Garwood, J.)
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