Category Archives: Restitutions

Supreme Court Rules That Costs of Internal Investigation Are Not Recoverable As Restitution under the Mandatory Victims Restitution Act of 1996

by Jessica S. Carey, Roberto Finzi, Michele Hirshman, Lorin L. Reisner, Richard C. Tarlowe, Christopher D. Frey, Nairuby L. Beckles, and David Giller

On May 29, 2018, in Lagos v. United States, the Supreme Court unanimously held that the Mandatory Victims Restitution Act of 1996 (the “MVRA”)[1] does not require a criminal defendant to pay the costs and attorneys’ fees associated with an internal investigation conducted by a corporate victim.[2] The Court left open the question of whether the MVRA extends to the costs of an internal investigation that is conducted at the government’s request or invitation. Continue reading