by Joon H. Kim, Rahul Mukhi, Rusty Feldman, and Samantha Del Duca

On April 18, 2018, the U.S. Supreme Court heard oral argument in Lagos v. United States.[1]  On appeal from the United States Court of Appeals for the Fifth Circuit, Lagos presents the important issue of whether a corporate victim’s professional costs—such as investigatory and legal expenses—incurred as a result of a criminal defendant’s offense conduct must be reimbursed under the Mandatory Victims Restitution Act (“MVRA”).[2] 

The issue has been subject to a recurring circuit split and Lagos now offers the Supreme Court an opportunity to resolve the conflict.[3]  Moreover, as noted by the certiorari petition, the Court’s decision will necessarily have implications “every time corporations engage in internal investigations or audits at the suspicion of wrongdoing.”[4]  Continue reading →