August 30, 2018 Articles

SCOTUS Limits Restitution in Federal Criminal Cases

Companies victimized by fraud can no longer count on recovery of the costs of investigations under the MVRA.

By Patrick Otlewski and Chris O'Malley

In Lagos v. United States, the U.S. Supreme Court narrowly interpreted the Mandatory Victims Restitution Act of 1996 (MVRA) to bar crime victims from recovering the costs of conducting their own private investigations and civil proceedings. The Supreme Court’s decision closes an important avenue for companies across all sectors—from financial institutions and services to health care and energy—to recoup costs associated with internal investigations, audits, and civil proceedings, even if they lead to federal criminal charges.

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