PRESS RELEASE
4 July 2025

Wiley Files Supreme Court Amicus Brief In Retroactive Restitution Case

WR
Wiley Rein

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Wiley is a preeminent law firm wired into Washington. We advise Fortune 500 corporations, trade associations, and individuals in all industries on legal matters converging at the intersection of government, business, and technological innovation. Our attorneys and public policy advisors are respected and have nuanced insights into the mindsets of agencies, regulators, and lawmakers. We are the best-kept secret in DC for many of the most innovative and transformational companies, business groups, and nonprofit organizations. From autonomous vehicles to blockchain technologies, we combine our focused industry knowledge and unmatched understanding of Washington to anticipate challenges, craft policies, and formulate solutions for emerging innovators and industries.
Wiley filed an amicus brief in Ellingburg v. United States, No. 24-482, urging the U.S. Supreme Court to vacate an Eighth Circuit ruling that restitution ordered as part of a criminal defendant’s sentence.
United States

Wiley filed an amicus brief in Ellingburg v. United States, No. 24-482, urging the U.S. Supreme Court to vacate an Eighth Circuit ruling that restitution ordered as part of a criminal defendant's sentence, and modified pursuant to the Mandatory Victim Restitution Act of 1996 (MVRA), does not violate the Ex Post Facto Clause of the U.S. Constitution. The case has significant implications for defendants nationwide who face increased long-term debt as a result of retroactive changes pursuant to the MVRA to previously imposed restitution penalties.

The brief was submitted on June 30 on behalf of Professor Wayne A. Logan of Wake Forest University School of Law, a leading Ex Post Facto Clause scholar. The brief argues that the Eighth Circuit's decision upholding retroactive application of the MVRA violates the core principles of the Ex Post Facto Clause, which prohibits burdensome retroactive laws. The brief asserts that the Eighth Circuit erred in holding that such restitution is a civil remedy rather than a criminal sanction, and in failing to recognize that the Clause bars retroactive laws of both a criminal and civil nature.

Krystal B. Swendsboe, of counsel in Wiley's Litigation and Issues and Appeals practices, serves as counsel of record for the brief. The Wiley team representing Professor Logan also includes associates Leah C. Deskins and Grace Moore.

Contributor

Wiley is a preeminent law firm wired into Washington. We advise Fortune 500 corporations, trade associations, and individuals in all industries on legal matters converging at the intersection of government, business, and technological innovation. Our attorneys and public policy advisors are respected and have nuanced insights into the mindsets of agencies, regulators, and lawmakers. We are the best-kept secret in DC for many of the most innovative and transformational companies, business groups, and nonprofit organizations. From autonomous vehicles to blockchain technologies, we combine our focused industry knowledge and unmatched understanding of Washington to anticipate challenges, craft policies, and formulate solutions for emerging innovators and industries.

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