The Path To Restitution After Lagos

By Shannon Murphy and Steven Grimes (July 6, 2018, 12:56 PM EDT) -- The U.S. Supreme Court's recent decision in Lagos v. United States, which significantly changes the legal landscape relating to restitution, may benefit defendants while changing how corporate victims approach internal investigations and referral to law enforcement.[1] In the past, assistant United States attorneys in various districts successfully obtained restitution orders through which defendants would reimburse their victims for costs the victims incurred investigating the crimes at issue by citing a particular provision of the Mandatory Victims Restitution Act, or MVRA.[2] Following Lagos, those days are over. Specifically, on May 29, the Supreme Court unanimously ruled in Lagos that subsection (b)(4) of the MVRA does not encompass costs incurred for investigations that a "victim chooses to do on its own" — overturning the law prevailing in every circuit to address the issue, except one....

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