Smita Ghosh

Rule Changes

As of May 2026: Issued statement supporting ruling

Federal courts have debated for decades whether restitution is criminal punishment or a civil remedy—a distinction that matters because the Constitution's Ex Post Facto Clause bars retroactive increases in criminal punishment. On January 20, 2026, the Supreme Court unanimously ruled restitution under the Mandatory Victims Restitution Act is criminal punishment, so defendants cannot be held to payment terms that didn't exist when they committed their crimes.

Updated May 22