Ginsburg, who oversees emergency applications, denied Gupta’s request in an order passed.

Ginsburg made no comment on denying Gupta’s request.

A spokesperson at the office of Gupta’s lawyer Seth Waxman, a former U.S. solicitor general, said Waxman does not usually comment on pending matters but added that “unfortunately Gupta’s application was denied.”

Gupta is one of the most high-profile Wall Street executives to be convicted of insider trading, charges that were brought against him by Manhattan’s India-born top federal prosecutor Preet Bharara.

Apart from the two-year prison term, Gupta has been ordered to pay USD five million in fine and a separate USD six million in restitution to Goldman Sachs.

Gupta’s submission to the U.S. Supreme Court was his last-ditch effort to avoid going to prison. He had last month filed a motion in the court of appeals to stay his surrender date and for bail pending the disposition of his rehearing petition but the court had denied that motion.

In his application to the Supreme Court, Gupta had requested the “continuation of his release on bail pending the disposition of his petition for rehearing and rehearing en banc to the Second Circuit...and, if necessary, this Court’s disposition of his petition for a writ of certiorari.”
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