Robers v. United States
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 12-9012 | 7th Cir. | Feb 25, 2014 | May 5, 2014 | 9-0 | Breyer | OT 2013 |
Holding: A provision of the Mandatory Victims Restitution Act of 1996 requires property crime offenders to pay “an amount equal to . . . the value of the property” minus “the value (as of the date the property is returned) of any part of the property that is returned.” In that provision, the phrase “any part of the property” refers to the property that was lost as a result of the crime – in this case, involving a fraudulent loan application, the money lent by the bank. The property is not “returned” until it is sold and the victim receives money from the sale. Here, that means that a sentencing court should reduce the amount of restitution by the amount of money the bank received when it sold the houses that were collateral for the fraudulent loans, rather than by the (greater) value of the houses when the bank foreclosed on them.
Judgment: Affirmed, 9-0, in an opinion by Justice Breyer on May 5, 2014.
SCOTUSblog Coverage
- A "view" from the Court: A divided ruling on prayer, but no fireworks (Mark Walsh, May 5, 2014)
- Opinion analysis: Justices have little sympathy for mortgage fraudster (Ronald Mann, May 5, 2014)
- A quick recap of the Robers opinion (Tom Goldstein, May 5, 2014)
- Argument report: Justices skeptical of mortgage fraudster (Ronald Mann, February 27, 2014)
- Argument preview: Justices to assess penalties for subprime mortgage fraud (Ronald Mann, February 21, 2014)
- Court grants two cases (UPDATED) (Lyle Denniston, October 21, 2013)
| Date | Proceedings and Orders |
|---|---|
| Feb 26 2013 | Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 1, 2013) |
| Mar 28 2013 | Order extending time to file response to petition to and including May 1, 2013. |
| Apr 25 2013 | Order further extending time to file response to petition to and including June 3, 2013. |
| Jun 3 2013 | Brief of respondent United States in opposition filed. |
| Jun 12 2013 | Reply of petitioner Benjamin Robers filed. |
| Jun 13 2013 | DISTRIBUTED for Conference of September 30, 2013. |
| Oct 7 2013 | DISTRIBUTED for Conference of October 11, 2013. |
| Oct 15 2013 | DISTRIBUTED for Conference of October 18, 2013. |
| Oct 21 2013 | Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED. |
| Nov 19 2013 | Motion to appoint counsel filed by petitioner Benjamin Robers. |
| Nov 21 2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 13, 2013. |
| Nov 21 2013 | The time to file respondent's brief on the merits is extended to and including January 21, 2014. |
| Nov 25 2013 | SET FOR ARGUMENT ON Tuesday, February 25, 2014 |
| Dec 3 2013 | Record received from U.S.C.A. 7th Circuit is electronic. |
| Dec 4 2013 | Motion DISTRIBUTED for Conference of January 10, 2014. |
| Dec 13 2013 | Joint appendix filed. (Statement of costs filed.) |
| Dec 13 2013 | Brief of petitioner Benjamin Robers filed. |
| Jan 9 2014 | CIRCULATED |
| Jan 13 2014 | Motion to appoint counsel filed by petitioner GRANTED. Christopher Donovan, Esquire, of Milwaukee, Wisconsin is appointed to serve as counsel for the petitioner in this case. |
| Jan 14 2014 | Proposal from counsel for petitioner to lodge copies of two case files from underlying civil cases. |
| Jan 21 2014 | Brief of respondent United States filed. (Distributed) |
| Jan 30 2014 | The Clerk has approved the submission of petitioner's proposed lodging. |
| Jan 31 2014 | Lodging received and distributed. |
| Feb 14 2014 | Reply of petitioner Benjamin Robers filed. (Distributed) |
| Feb 25 2014 | Argued. For petitioner: Jeffrey T. Green, Washington, D. C. For respondent: Sarah E. Harrington, Assistant to the Solicitor General, Department of Justice, Washington, D. C. |
| May 5 2014 | Adjudged to be AFFIRMED Breyer, J., delivered the opinion for a unanimous Court. Sotomayor, J., filed a concurring opinion, in which Ginsburg, J., joined. |
| Jun 6 2014 | JUDGMENT ISSUED. |
