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Case Profile

Docket Number16-1519
Full NameSergio Fernando Lagos v. United States
Short NameLagos v. United States
PetitionerSergio Fernando Lagos
RespondentUnited States
Date Argued (Reargued)April 18, 2018
Date DecidedMay 29, 2018

Question Presented

Under the Mandatory Victims Restitution Act (MVRA), courts must order the defendant to "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." 18 U.S.C. 3663A(b)(4). In the decision below, the Fifth Circuit, adopting the decisions of multiple courts of appeals, held that this provision covers the costs of internal investigations and private expenses that were "neither required nor requested" by the government; these private costs were incurred outside the government's official investigation, and, indeed, were incurred before the government's investigation even began. In reaching this conclusion, the Fifth Circuit expressly rejected the "opposite conclusion" from the D.C. Circuit, which itself "recognize[d]" but "respectfully disagree[d]" with the decisions of four other courts of appeals. Judge Higginson concurred below, acknowledging that he was bound by circuit precedent, but "agree[d] with the D.C. Circuit's persuasive interpretation" of the statute. The courts of appeals are clearly and intractably divided over this important and recurring question of statutory interpretation-one that repeatedly occurs whenever companies detect hints of fraud and conduct an internal investigation. The question presented is: Whether Section 3663A(b )( 4) covers costs that were "neither required nor requested" by the government, including costs incurred for the victim's own purposes and unprompted by any official government action.

Live Case Prediction

- correct prediction- wrong prediction
FantasySCOTUS Crowd Prediction {Marshall}+ Algorithmic PredictionFinal SCOTUS Decision
9 Reverse
0 Affirm
0 Reverse
0 Affirm
9 Reverse
0 Affirm

Live Justice Predictions

- correct prediction- wrong prediction
Justice FantasySCOTUS
Crowd Prediction
{Marshall}+ Algorithmic PredictionFinal SCOTUS Decision
John G. Roberts, Jr.John G. Roberts, Jr.
Prediction pending... Reverse
Anthony M. KennedyAnthony M. Kennedy
Prediction pending... Reverse
Clarence ThomasClarence Thomas
Prediction pending... Reverse
Ruth Bader GinsburgRuth Bader Ginsburg
Prediction pending... Reverse
Stephen G. BreyerStephen G. Breyer
Prediction pending... Reverse
Samuel A. AlitoSamuel A. Alito
Prediction pending... Reverse
Sonia SotomayorSonia Sotomayor
Prediction pending... Reverse
Elena KaganElena Kagan
Prediction pending... Reverse
Neil GorsuchNeil Gorsuch
Prediction pending... Reverse

Case Events

15 2018-02-26Brief of petitioner Sergio F.Lagos filed.
14 2018-02-26Joint appendix filed. (Statement of costs filed)
13 2018-02-23SET FOR ARGUMENT on Wednesday, April 18, 2018.
12 2018-02-09Blanket Consent filed by Petitioner, Sergio F.Lagos.
11 2018-01-12Petition GRANTED.
10 2018-01-08DISTRIBUTED for Conference of 1/12/2018.
9 2017-12-13Reply of petitioner Sergio F.Lagos filed. (Distributed)
8 2017-12-13DISTRIBUTED for Conference of 1/5/2018.
7 2017-12-08Waiver of the 14-day waiting period under Rule 15.5 filed by petitioner Sergio F.Lagos.
6 2017-11-30Brief of respondent United States in opposition filed.
5 2017-10-24Order further extending time to file response to petition to and including November 30, 2017.
4 2017-09-18Order further extending time to file response to petition to and including October 26, 2017.
3 2017-08-14Order further extending time to file response to petition to and including September 20, 2017.
2 2017-07-12Order extending time to file response to petition to and including August 21, 2017.
1 2017-06-15Petition for a writ of certiorari filed. (Response due July 21, 2017)

Case Counsels

NameParty NameDescriptionAddressPhoneType
Daniel L. GeyserSergio F.LagosCounsel of RecordStris & Maher LLP725 South Figueroa Street, Suite 1830Los Angeles, CA 90017daniel.geyser@strismaher.com213-995-6811petitioner
Noel J. FranciscoUnited StatesCounsel of RecordSolicitor GeneralUnited States Department of Justice950 Pennsylvania Avenue, NWWashington, DC 20530-0001SupremeCtBriefs@USDOJ.gov202-514-2217respondent
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