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Supreme Court Holds Mandatory Federal Restitution Statute Does Not Cover Certain Professional Costs Incurred by Corporate Victims

By Joon H. Kim, Rahul Mukhi, Rusty Feldman & Samantha Del Duca on June 11, 2018
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On May 29, 2018, the U.S. Supreme Court issued an unanimous opinion in Lagos v. United States. Lagos presented the issue of whether costs incurred during and as a result of a corporate victim’s investigation (rather than a governmental investigation) must be reimbursed by a criminal defendant under the Mandatory Victims Restitution Act (“MVRA”). Resolving a circuit split, the Court narrowly held that restitution under the MVRA “does not cover the costs of a private investigation” commenced by a corporate victim on its own initiative and not at the Government’s invitation or request.

The Court’s decision is notable for rejecting the Government’s broad interpretation of the MVRA and for recognizing the “practical fact” that such a broad interpretation would invite “significant administrative burdens.” But the opinion is also notable for what it does not decide. The Court’s opinion expressly leaves unaddressed the question of whether professional costs incurred during a private investigation performed at the Government’s request would be covered by the MVRA.

Please click here to read the full alert memorandum.

Photo of Rahul Mukhi Rahul Mukhi

Rahul Mukhi’s practice focuses on criminal, securities, and other enforcement and regulatory matters as well as on complex commercial litigation.

Read more about Rahul MukhiEmail
  • Posted in:
    Corporate & Commercial
  • Blog:
    Cleary M&A and Corporate Governance Watch
  • Organization:
    Cleary Gottlieb Steen & Hamilton LLP
  • Article: View Original Source

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