U.S. Supreme Court Weighs Mandatory Restitution for Corporate Victims' Professional Costs

On April 18, 2018, the U.S. Supreme Court heard oral argument in Lagos v. United States.  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.

The court’s decision will impact a company’s considerations when deciding whether and how to conduct an internal investigation, particularly when the corporation is the potential victim of a crime.

This memo was republished by the New York University School of Law Compliance & Enforcement Blog on April 26, 2018.