X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

This article explores the basis for defending against a restitution claim or Guidelines loss calculation when victims fail to mitigate losses based on a recent concurrence in a U.S. Supreme Court decision. In Robers v. United States, 134 S. Ct. 1854 (2014), the Supreme Court resolved a circuit split concerning the calculation of restitution in mortgage fraud cases, pursuant to the Mandatory Victim Restitution Act of 1996 (MVRA), 18 U.S.C. §3663A. Robers was convicted of conspiracy to commit wire fraud for submitting fraudulent loan applications to purchase two residences. When he failed to repay, the banks foreclosed and sold the homes for less than their purchase prices. Robers argued that the district court erred by ordering him to pay restitution in the amount of the difference between the loan amount and the sale proceeds as opposed to the fair market value of the homes on the dates the banks took title. The Supreme Court rejected that argument unanimously, holding that a “sentencing court must reduce the restitution amount by the amount of money the victim received in selling the collateral, not the value of the collateral when the victim received it.” 134 S. Ct. at 1856.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.