Lagos v. United States
| Lagos v. United States | |
|---|---|
 | |
| Decided May 29, 2018 | |
| Full case name | Lagos v. United States |
| Docket no. | 16-1519 |
| Citations | 584 U.S. ___ (more) |
| Holding | |
| The words "investigation" and "proceedings" in the Mandatory Victims Restitution Act are limited to government investigations and criminal proceedings and do not include private investigations and civil or bankruptcy proceedings. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Breyer, joined by unanimous |
| Laws applied | |
| Mandatory Victims Restitution Act of 1996 | |
Lagos v. United States, 584 U.S. ___ (2018), was a United States Supreme Court case in which the court held that the words "investigation" and "proceedings" in the Mandatory Victims Restitution Act of 1996 are limited to government investigations and criminal proceedings and do not include private investigations and civil or bankruptcy proceedings.[1][2]
Background
Sergio Fernando Lagos was convicted of using a company he controlled to defraud a lender of tens of millions of dollars. After the fraudulent scheme came to light and Lagos' company went bankrupt, the lender conducted a private investigation of Lagos' fraud and participated as a party in the company's bankruptcy proceedings. Between the private investigation and the bankruptcy proceedings, the lender spent nearly $5 million in legal, accounting, and consulting fees related to the fraud. After Lagos pleaded guilty to federal wire fraud charges, the federal district court ordered him to pay restitution to the lender for those fees. The Fifth Circuit Court of Appeals affirmed, holding that such restitution was required by the Mandatory Victims Restitution Act of 1996, which requires defendants convicted of certain federal offenses, including wire fraud, to, among other things, "reimburse the victim for lost income and necessary child care, transportation, and other expenses incurred during participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense."[1]
Opinion of the court
The Supreme Court issued an opinion on May 29, 2018.[1]
Subsequent developments
References
External links
This article incorporates written opinion of a United States federal court. As a work of the U.S. federal government, the text is in the public domain.