Analysis

Fraud Restitution No Longer In The Eye Of The Bill-Holder

Law360 (May 31, 2018, 5:18 PM EDT) -- The U.S. Supreme Court said this week that a mandatory restitution law does not require criminal defendants to foot the bill for company-initiated internal investigations into their crimes, flipping what was the law in many courts and tossing a life raft to some individual defendants.

The court ruled on Tuesday in Lagos v. United States that company-initiated investigations are not covered under the Mandatory Victims Restitution Act. The law requires defendants convicted of fraud and certain other crimes to reimburse victims for “necessary child care, transportation and other expenses incurred during participation in the investigation or prosecution of the offense or...

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