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No. 16-1519October Term 2017Decided May 29, 2018

Docket 16-1519October Term 2017 (2017–2018)

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
Case Accepted
Arguments
Decision ReleasedMay 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

Decision record

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