No. 16-1519October Term 2017Decided May 29, 2018
Lagos v. United States
Defendants do not have to pay restitution under this statute for a victim's private investigation or civil-case expenses that were not part of a government investigation or criminal proceeding.
Case status
- Current stage
- Decided
- Latest event
- Decision released May 29, 2018
- What it's about
Sergio Fernando Lagos pled guilty to wire fraud and was ordered to pay restitution for expenses the victim incurred during its own private investigation and bankruptcy proceedings. The Supreme Court ruled that the Mandatory Victims Restitution Act only covers expenses related to government investigations and criminal proceedings, not private investigations or civil proceedings.
Question presented
Does the Mandatory Victims Restitution Act, pursuant to 18 U.S.C. § 3663A(b)(4), cover costs that were neither “required nor requested” by the government, including costs incurred for the victim’s own purposes and that were not prompted by any official government action?
- Case path
United States Court of Appeals for the Fifth Circuit / Decision released May 29, 2018
- Area
Decided Supreme Court case
Briefing
What it's about
The case asked whether a federal restitution law makes a defendant pay for a victim's private investigation and bankruptcy-related costs when the government did not require or request those expenses. The Supreme Court said the law covers expenses tied to government investigations and criminal proceedings, not private investigations or civil proceedings.
Vote
The Supreme Court decided the case on May 29, 2018, after argument on April 18, 2018, but the prompt does not provide the vote count or opinion lineup.
Impact
This limits how much crime victims can recover through restitution in federal court. For example, a company harmed by fraud cannot automatically shift the cost of its own internal investigation or bankruptcy work to the defendant under this law.
What's next
The Court has finished this docket action. Lower courts and parties must apply this reading of the restitution statute in future cases and in any remaining proceedings tied to this case.
What was the main fight in Lagos v. United States?
The dispute was over whether federal restitution law covers costs from a victim's own private investigation and bankruptcy proceedings. The Court said those costs fall outside the statute when they are not tied to government investigations or criminal proceedings.
Who is most affected by this decision in real life?
Federal fraud defendants and corporate victims are directly affected. A victim company may recover less restitution if it spent money on its own internal inquiry or related civil work.
What happens after the Supreme Court's decision here?
The Supreme Court's work in this case is done. Any lower-court or related proceedings must now follow the Court's reading of the restitution law.
Decision
What the Court decided
Defendants do not have to pay restitution under this statute for a victim's private investigation or civil-case expenses that were not part of a government investigation or criminal proceeding.
Impact
This limits how much crime victims can recover through restitution in federal court. For example, a company harmed by fraud cannot automatically shift the cost of its own internal investigation or bankruptcy work to the defendant under this law.
Not official Court text.
Opinion documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- May 31, 2026
- Method
- Methodology
Primary materials8
Supreme Court docket 16-1519
docket | May 31, 2026
Primary case document
Supreme Court document | May 31, 2026
CourtListener docket record
docket | May 31, 2026
Questions Presented
brief | Mar 12, 2026
opinion
opinion | May 29, 2018
SupremeCourt.gov
official | May 31, 2026
SupremeCourt.gov
official | May 31, 2026
SupremeCourt.gov
official | May 31, 2026